The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-04-19
She Is THE HEIRESS.
Mary Rogers viii Come In for
All Her Mothers Estate.
Legal Recognition Of the Claims Set Up by
- an Legitimate Daughter Of Mrs.
Catharine Kennedy.

Judge Sapderson rendered his decision
yesterday holding for her in the proceeding
to determine the claim of herShip of Mary
Rogers in the estate OF Catharine Kennedy
and her consequent right TO distributive
share.
Catbarine Kennedy died in this city in
April. 1887, and by will left, with the ex-
ception OF three 500 legacies, her real and
personal property OF some $4,000 to her
son. John Edward Tomlinsou, by former
husband. Her maiden name was McCabe,
and she had thrice been married, the son
being the only child of either husband sur
viyng at the time of her death. He has
since died.
Mary Rogers claims to be child born out
of wedlOck in Ireland some 90 years ago
and prior to the marriage of her mother.
There was only one question for determina-
tion and that whether or not her testi-
Notwithstanding it to be trGe-was suff-
Gent TO uphold judgment In her favor.
True some slight testimony other than that
given by her was preferred, but it was
mostly in the form Of derOSitions. which
the Judge rejected, so that the other testi-
mony aside from hers was of little weight
In subStantating her claim as daughter.
SIZE SAW HER MOTHER.
Before meeting her in this city in 1856, Mrs.
Rogers last saw her mother, when she was
about years old, in Aurora, \. Y. From
about the time of her earliest recollection
to the time she was Is years old she lived
with an aunt in Morelia, n. Y, but ran
away from her because she was not treated
well, the aunt often haunting her with her
illegitimacy. Thereafter she did not hear
of her people again for about 81 years. until
about 1882, having married in the meantime.
In 1850 OF 1886 the aunt was met in Buffalo,
and promised to bring about a meeting
between mother and daughter, and as
result came two letters, each containing S.,
and the last an order for a railroad ticket
from Buffalo to San Francisco. Mrs.
Rogers came out on April 81, 1856, and
while asking a. the ferry to be directed to
616b Natoma street woman stepped up,
asked her name and where she had come
from. Having been answered she reached
out her hand and kissed her. They then
took a cable-car to Seventh and Market
streets, and then walked TO her house. On
lie way she was cautioned about letting il
be known that they were mother and
daughter.
The visit was only short one. lasting
from Tuesday until Saturday, the daugh-
ter not finding ii suitable place or COM
pany for her. there being too much rough
talk by her son, also swearing and beer
drinking. As Mrs. Rogers testified:
when / last called on my mother and
wanted her 10 do as she had promised about
making me present If l wanted to go
away, she was lying on the bed.
YOU'RE MY MOTHER
81 pointed my finger at her and said,
You're my mother; you brought me into
this world She answered. Yes; yes and
l told her she ought to do something for
me. There was then somebody near by in
the back room, and she answered ME in
low tone. | think she was afraid she would
be overheard"
However. Mrs. Rogers has since lived
here mainly in Oakland, but did not know
of her mothers death until about one year
after its occurrence. Judge Sanderson re-
viewed the testimony, referring TO the Off
ciai register of the POstoffice, by which it
appeared that the registered correspond
ence alluded TO had passed, and concluded:
The fact Of Mrs. Rogers being an illeglt-
innate child Is reason enough why the
mother should not wish it 10 be known
Both mother and daughter apparently were
disappointed with each other. and the fact
of their long separation and evident dis
similarity of lives and surroundings left
them nothing in common sympathy. either
in matters OF thought or living. There can
be no rational solution that | can discover
of the fact of Mrs. Kennedy sending for
petitioner to come TO her here, forwarding
the money for that purpose. except on the
theory that she believed she was her child.
and the reason for their separation within
few days of their mceting here is easily
recGncied with the account given by the
petitioner"