The herald., 1893-08-12
EVA BREAKS THE ELDER'S WILL.
A Pasadena Methodist and His
Big Fortune.
He Adopted Waif Who Now Seeks
to Have Her Rights.
A Lawsuit in Milwaukee which IL Of
Interest IN Southern Caiifor-
MIA - The Story Of
the suit.
From Wednesdays DAILY HERALD.

From Wednesdays DAILY HERALD
As will be remembered by many, q
the time OF the death OF Elder Jason G..
Miller OF Pasadena, back in 1888, story
o. a disinhsrited daughter and heir and
of contest OF the will received some
circulation here. The story went that
in the spring OF 1870 Elder Miller. who
was at that time preaching the good old
Methodist doctrine at PlRttsmouth,
Neb., took from the Home OF the Friend
less, at Chicago, little girl six yeare OF
age by the name of Elizabeth Jane
Oavenger. Having no children OF his
own, he changed her name to Eva
Miller. For the next IL years she lived
with the elder and his wife as their own
child, being reored in the strict Meth
odist way. The aged elder was OF the
very strsight-laced type, as kindhearted
as woman when everything went az
he thought they should, but as stubborn
as q mule wheh nything opposed him.
As the young girl grew to woman
hood she began to develop will
of her own, and at the came time de-
cided liking for a young man named
Lewie, all of which was not to the liking
of the old elder, who put his foot down
in q very decided manner against the
love making of the young couple. The
girl, however, proved obstinate, and
secret meetings followed, of which the
elder soon learned and In fit Of rage
drove her from the honee. Soon alter
che married Mt. Lewis, who was grad
uate of the State University at Lincoln,
Neb., and, as it turned out later. very
deserving young man. About this time
Elder Miller removed to California
and settled in Pasadena, bring
ing along with him goodly
portion Of his large fortune, which was
soon invested in California securities,
and the boom coming they largely in
creased. Nothing was heard OF the
adopted daughter in the east until after
the elders death in 1888. When his will
was filed for probate it was found that
the estate, which was valued at $27l, :
900, was given entirely to his wife, Eva
getting nothing. Learning OF the death
|. and the disposition made of the prop
erty, Eva as Mrs. Lewis at once insti-
tuted suit in the county court at Lin
coin, Neb., to recover her share of the
property. Mr.. G. 0. Gibbs OF Pasadena,
who has charge of the entire es-
tate, employed competetent eastern at
torney to look after the case,
and when it came up the suit was de-
cided in favor of the widow, it being
proved that the girl had never been reg
ularly adopted, but had merely lived
with the family. Nothing daunted,
however, by this failure, the contestant
instituted new suit, this time asking
for $l25,000 damages for not being
adopted, and 1t was this suit that was
decided by Judge Lansing of the county
court at Lincoln, Neb., few days ago.
in favor OF the plaintiff, the judge find-
ing that she is entitled to one-half of the
| estate, valued at SIC, 1852. .25, after deduct
| ing SO 900 for administration purposes.
Pasadena by HERALD reporter yester.
day and stated the facts in the case ae
much 90 they are given above. He states
that there are two higher courts, the
superior and supreme, to which the case
will be carried If necessary. The Lin
coin property is all that the eastern
court has jurisdiction over. This con-
sists Of block OF land laying in the very
center OF the thriving city of Lincoln
and valued at about $50, 700.
The California estate is scattered, in
cluding So 600 acres of land in Tulare
county, 1000 at Winchester and numerous
lots at Long Beach and Pasadena. Be-
sides this there is gold mine near
Denver, Colo. of which the original cost
was over $60,0O0. So it will be seen
there IL something worth fighting for.
The contestant, Mrs. Miller, lives
with her husband at Fall City, Neb.,
where Mr. Lewis is city clerk and one of
the foremost citizens of the place.
The case promises to become one OF
those famous, lifelong affairs, as there
il money on both sides and neither will
settle.