Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-05-14
THE GAINES CASE.
More Than Half a Million Awarded for
Use Of Property Recently Recovered.

States supreme court today in an opinion
by Justice Bradley awarded the executriX
of the will of Myra Clark Gaines the sum
of $500 against the city of New Orleans
for use of the property sold by the city re-
covered by Mrs. Gaines after long litiga-
ton. The judgment Of the lower court
awarding the eXecutriX $3.50, coo for the use
of the unimproved property sold by them
was not conc FRED in.
The case of the city Of New Orleans, ap-
pelant, vs. the heirs of Myra Clark Gaines,
appellees, is one of the most noted in the
legal history of this country. 1t is noted
among other things, as having the long
st record of any case that has ever been
brought to the United States supreme
court. The record required two strong
men to lift it, and cost more than 1000
to print it. The immediate case, which
was decided today is one of the
collateral issues of the famous iiti-
cation which has lasted now for fully half
a century. The history of the litigation of
which this case forms part, is a romance.
This particular suit is to recover from
the city Of New Orleans Judgment for
the value and use of land which belonged
to the estate of Daniel Clark, the father of
Myra Clark Gaines. In the lower court
Mrs. Gaines was victorious and recovered
a Judgment for 81 1926, 667. Upon the filing
of the masters report and after cXcep-
tions thereto had been filed, Il
3, 1888, in favor of complain
ant, for improved and unimproved land
already in judgment in MouSSeauX and
Aguelly, ejectment bills, S576, 701, 90. For
balance of rents, unimproved lands 81 ,34S-
959.9l. Total, 81, 925, GGGS3. The ground,
with The costs which have been taxed III
the ejectment bills of Mousseaux and
init I
above, which arises from yearly sums for
rent from January l, 1851. Interest is
claimed in this suit upon this judg-
ment at per cent, and as the
Judgment IS now several years old,
the total amount involved in the de
cision of the supreme court is cOnsidera-
bly, more than 100000 Mrs Gaines is
dead. Most OF the family are dead. The
surviving legal heirs are her daughter-in-
law, Mrs. Whitney, the administrative
under the approved will of Mrs. Gaines
and two grandchildren, a son and daugh-
ter, the children of the daughter of Mrs.
Gaines. The younger heirs are the Christ
mas children. The other heir Is Mrs.
Whitney, a widow of possibly GO years Of
voived in this suit is but a
small portion of the vast estate
which Myra Clark Gaines has had in va
rious ways adjudicated as belonging to her
rs the sale lawful heir of her father.
The history of this case and of the great
litigation, antocedents to it, reads like
a romance. Daniel Clark died in New Or
leans, August IL, 1913. He was born in
Sligo. Ireland, in 1866 He was
man of large fortune, ac-
tive, thrifty and accomplished. He
had a home in New Orleans and his prop
erty was in Louisiana. His mother lived
in Germantown. Pa, and he had no rela-
tons in Louisiana at the time of his death
lie made an oleograhic Will on May 20
1911, in which he left to his mother, Mary
Clark, then in Germantown, all of the es-
tate whether real or personal, which he
might die possessed OF. and named Rich
ard Rolf and Beverly Chew as testament
tary eXecutiOners. Before this viii was
probated the attention of the court
was called to the fact that another and
later will had been made by Clark in July,
1913. An unsuccessful effort was made TO
ind this Will. On August y, 1873. Rich
ard Rolf was appointed and qualified as
testamentary executor of Daniel Clark,
under the will of May, ISL, Beverly Chew
being at that time absent from the state of
Louisiana. On January u, 1914, Beverly
Chew was appointed teStamentary eXecu-
tor, along with Rich Rolf, and qualified as
such. On October l, 1915. Mary Clark, rs
the sole heir, devise and legate of Daniel
Clark, executed her power Of attorney to
Richard Rolf and Beverly Chew, Iner-
chants and executors of the last will of
Daniel Clark, with general power of adj
mlnlstratlon and the special power TO sell
any port of the estate devised and be-
queathed to her by Daniel Clark The
power OF attorney was not deposited for
record until May >, 1854, when 1t was
placed in the Office of John Lynd. a notary
public, OF New Orleans Ga October 50.
1921. the executor sold the estate. the tract
which has become known as the Blanc
tract, for the price of ~. 80 This tract i
situated in the heart OF the city or New
Orleans.
Myra Clark was born on December 81.
1906 Her mother was Zulime Carriere.
Five days after she was placed III the fam
lily of Colonel ;. Is. Davis. at the instance
and request OF Daniel Clark Mrs. Harriet
Harper. afterwards Mrs. Harriet Smyth.
niece of Colonel Davis, rearing her and
nourshing her as foster mother. She
continued to reside with the family OF
Colonel Davis, the friend OF Daniel Clark.
in New Orleans, until 1872, when Colonel
Davis removed with his family to Phila-
delphla, taking Myra with him,
She bore the name of Myra
Davis, was brought up in the family
of Colonel Davis daughter and was iGno-
rant OF her true name aud parentage until
1882, when she lntermarried with William
Wallace Whitney. In June, 1884. she
fled petition in the court of PROBATE at
New Orleans To establish the lost will of
her father, Daniel Clark On June ). 1876,
on motion of the defendants, Mrs. Whit
ney was nonsuited. In July. 1896. VII
liam Wallace Whitney, aud his wife.
Myra Clark Whitney, filed bin in equity
in the United States courts at New
Orleans TO establish the lost will