The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-07-21
A SINGULAR MARRIAGE.
A Dying Woman Takes a Husband
Save Half of an Estate

A Dying Woman Takes a Husband to
Save Half of an Estate.
Many quaint and curious romance s tied
up in the yellow papers that lie in the
pigeon-holes OF the County Clerks - Lie
dramas of every kind, tragedies as dismal as
Macbeth" farces as full of absurdities as
any ever put upon the stage, but never far
clal to the mortals who appear as litigants,
for law is no joke, whatever may be said Of
1t. Among these life sketches from COM
mon paths Journal reporter came across
one which, a few years ago. attracted great
attention, and in which several of the most
prominent members Of the Indianapolis bar
appeared upon one side or the other Sev-
eral years ago a well-known citizen died,
leaving widow aud an estate valued at
S4O,0OO, now worth great deal more. He
had been a Captain in the Union army, and
toward the close of the war had been sue
ceeded in that position by the brother of his
wife, who had served as First Lieutenant.
The Captain left will deviSing his prop
erty to his wife, all his estate, real and per-
sonal, for life, provided she would not re-
marry, in which case she should have but
one-half in fee simple, the remainder to 90
to his kin. One year after the death CT her
husband the wife lay at the point of death
with consumption. She was told by her
physician that size had but a short time TO
live, aud that if she had any business affairs
She had the privilege of the life estate
practically during her life, but feeling that
she ought to have the power of disposal in
favor of her kindred, there being no chill
dren, she set about TO do so. She deter
mined To create the condition by which her
life estate would be forfeited and secure
the fee simple OF One-half Of the property,
so that she might devise IL to her own kin
sred. Her brother arranged to secure a
husband for this dying woman. He found
saoon-keeper, who had been member of
his company, aud brother md sister agreed
that this person should be paid $500 to
marry her. The salOOn-kceper and the
widow were married, the groom leaving the
house Immediately after the ceremony,
which was performed by a minister who, it
appears, was familiar with most of the facts
in the case. -Four days later the woman
died.
II was not quite natural that the heirs of
the Captain should not be entirely satisfied
with this extraordinary state of affairs, aud
suit was brought, which disclosed some
singular facts regarding the marriage. 1t
was alleged that the brother of the woman
had entire control over her during the last
months OF her life, and also over the man
who had married her, who hld been pri-
vate in his company. The atfilavit of this
husband of an hour is a very remarkable
document. The questions, evidently care
fully prepared beforehand, are, of course,
written out, while the answers also writ
ten out, are in the handwriting of the hus-
band. He teSlifies that for several days
preceding the marriage he was on heavy
SPREE that he was drunk when the cere-
mony was performed. and knew little or moth
ing about it when he was being married, but
that he believed that he was moderately
sober later when he went to the funeral as
grief-stricken husband. He testified that
the Captain. the brother of his wife, had
kept him drunk all this time, and, reading
between the lines, it would appear that
when the Captain was not engaged in fud-
ding the bridegroom he had sOme one else
10 attend to and see that lie did not get
sober.
The bridegroom further testified that
few days after the funeral he went with the
Captain to a lawyers office, signed a paper
and the Captain thereupDn handed him $500,
which he evidently thought very good pay
for marital engagement of less than
week. Tie husband was 80 years old, the
wife 43. 81 didn't feel after her DEATH"
said this witness. that had any rights as
a wdower. AT the time | was said to be
married l didn't know much about it. l
was on protracted spree and didn't recol-
lect about any agreement until afterward."
The suit failed and partition Of the property
was made according to the terms Of the
wOman's will.-Indanapolis Journal.