The times. [volume] (Richmond, Va.) 1890-1903, 1891-01-06
TIE BETTE LEWIS CASE.
IMPORTANT DECISION IN The
CnANCsRY COURT.


the alert Yesterday morning, for 1t had been
stated that the opinion In what is known as
the Bette Thomas Lewis case would be 7 m
dered. The suit was over the estate OF the
late w. A. Thomas. ySriously estimated TO
be worth from $4,000 10 $4,000. The
amount involved 10 said to be greater than
any cult in Virginia since the war, except
what 10 known as railroad cases"
When the court opened the room was
crowded with lawyers. AS soon as Judge
Ieake assembled the bench he produced
big bundle OF papers, which were imme-
distely recognized as the napers IN the
Thorn AS case. Counsel on both sides being
presept the chancellor announced tfat ne
was ready 10 render his decision in the
quit of,Bettie Thomas Lewis versus the
heirs-at-law Of w. A. Thomas.
The opinion Is q long one. IL covers
fifty-three pages Of legal-cap paper, closely
written, aud when 1t was read everyone
gave respectful attention. The reading had
not proceeded far before IL was apparent
that the colored woman was victorious.
The opinion is filed 10 considerable de-
gree with quotations and consideration OF
them. In one portion Of II an argument Is
made as IN whether the evidence OF DR..
Hunter McCuire. as 10 some points, and
that OF Fannie Coles, should be admitted as
part of the res gestae. Judge Leake de-
cides that IL should be sdmitted.
In another part Of the opinion an extern
sive argument, with authorities and facts,
10 carried on as to whether tho gifts made
by Mr. Thomas are gifts mortis causa, and
this was decided affirmativety.
Another point made is whether or not the
money can be decreed on the bank book
alone. Judge Leake decides that the deliy-
cry Of the bank book was not sufficient de-
livery of the bank deposits. This decision,
II not reversed by the Court Of Appeals will
give TO the heirs-at-law the $500 in bank
TIKI OPINION.
The opinion commences by stating that
IL appears from the record In the case that
William A. Thomas was born in PIttsylva
MIA county, Va. While residing there be
fore the late war, and being unmarried, he
lived with a colored woman, his slave, and
there were born 10 them two children--th1
plaintiff in this case and an elder daughter
whose name was Fannie. Some ye8rs
prior 10 the wal Thomas came TO Richmond
and engaged In the mercantile business
leaving his two children and their mother IN
Pittsylvania county.
During the war Thomas made trip e
Europe, but returning before the close o
the war he fou I'd that during his absence
the woman (whose name is not given in the
record) the mother Of the children, had mar
ried negro man.
Thomas then removed the two children
10 Columbus, Georgia, and lived with then
there until some time after the close Of tht
war. While there Fannie Thomas married
q negro man named Frank Davis, and with
IN year died, leaving no issue.
REMOVED TO RICHMOND.
In 1866 w. A. Thomas removed TO Rich
mopd, purchased small farm in HenricC
county, near the Fair Grounds, and re
moved the plaintiff. Bette, her mother and
the said Frank Davis 10 this place, anC
fitted up a room for his own use anC
occupancy. 1t appears he rented a room IN
Goddin's Hall in Richmond and took hi'
meals mt the Exchange Hotel up Il
come time about 1882, but during
this whole time he kept room
at the farm. and frequently slept there
He voted and paid his personal taxes il
Henrico, thus Indicating that county as hi
residence. From about 1888 he lived wholly
on his farm with his daughter Bette unit
the fall of 1888, when he sold the farm anC
moved to house near by in Henrico coun
", which he had built upon lot which h'
had purchased. and which was intended fol
his said daughter,
The record shows that Thomas recognized
the plaintiff as his daughter, and that thu
relations existing between them were Of thu
most affectionate character: that Bette
at his table, and was treated by her father
with the greatest Kindness and considera
tioni He gave her some education, fur
pishe1 her with clothing. jewelry and will
. servants, gave her a pleasure horse anC
phaeton, and allowed her to have her female
companions TO live with her at his expense
One of these companions came iron
Columbus, Georgia, and remained with he
until she was married.
LIVED WITH BETTE.
In the year 1873 Fannie Coles Ga natural
daughter of white man by mulatt'
Woman) went 10 live with Bette as q com
papion. and remained with her In that ca
nacity at Thomas house until his death
For several years prior TO his death Thoma'
would spend a portion Of the summer a
Saratoga, taking with him Bette and hei
companion Fannie, occupying the same Ia,
BILE with them at the hotel, and paying al
the expenses Of the party.
IL is shown by the record that when Bet
tie was sick Thomas nursed her as atten
lively and with the same care and solicitudt
that the most affectionate father woult
nurse his lawful child, and the RECORD
aboupds with evidence that Thomas bort
for his illegitimate daughter a sincere at
fection. Besides, 1t appears that Bette
was considerable and ahecionate TO MIN
nursing him day and night, and doing all
she could for his comfort and health.
DIR. Hunter Mcclure was generally the
family physician. He says that Thomas
s.treated her like his own child-as Kind az
he could be-" said he recognized her as his
daughter, and that, as far as he could judge
from what he saw Of both Of them in ant
out of the house, her position in the house
hold was that Of child 10 a father, and thai
she appeared TO preside over the household
thst Bette waited on him when he was SICK
and sswas always more concerned about hel
fathers health than his money"
LAWFUL KIN.
IL also appears from the record that Mr.
Thomas had no nearer kin OF lawful blood
than first cousins. and that he was not at al
intimate with these. That he had mol
visited any OF them for years. and that they
did not visit him. He was practically cul
OF from all his kindred, and so far as the
record discloses he had no intimate friends
except a few OF his business associates
with whom his relations were chiefly
of business rather than OF social char
acter. Some OF these gentlemen did WISH
his house occasionally, one OF them, Mr.
Watkins, quite frequently, but 1t does moi
seem that Thomas ever paid social WISH
anywhere In fact, his relations TO the
plaintiff practically cut him OF from nearly
all social Communication with the world
Doubtless this increased his affection for the
plaintiff, and made her welfare subject OF
~
January 4, 1889, w. A. Thomas died at his
house in Henrico county, intestate, unmar'
Tied, and without lawful issue, leaving only
h collateral cousins as his heirs at law.
The affidavit OF Fannie Coles AYERS that
"she was present at the time OF the gin by
w. A. Thomas TO his daughter. Bette
Thomas Lewis, Of his bank book, some ne
gotiable notes; that at the time OF the gifts,
she heard Thomas explain TO his daughter
the general character Of the papers, &c. in
his safety deposit box in the bank vault, aid
OF the importance OF the same; that he told
her the contents OF the safe at Drewry 4
Co.; the negotiable notes then handed her
the amount in bank represented oy tne
bank book was 10 be hers in case OF his
death, &c.'
Neither DIR. Mcclure nor any other wit
pesses In this suit ever heard Thomas
express any purpose OF providing for any
one else than his daughter.