The herald., 1893-08-08
EVA BREAKS THE ELDERS WILL,
A Pasadena Methodist and His
Big Fortune.
He Adopted Waif Who Now Seeks
to Have Her Rights.
Lawsuit In Milwaukee Which is OF
Interest IN Southern Califor-
MIA ~ The Story OF
the Suit.

AS will be remembered by many,
the time of the death of Elder Jason G.
Miller of Pasadena, back in 1888. story
o. a disinherited daughter and heir and
OF a 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 Plattsmouth,
Neb., took from the Home OF the Friend
lees, at Chicago, little girl six yeare OF
age by the name OF Elizabeth Jane
Cavenger. 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 straight-laced type, as kindhearted
as woman when everything went as
he thought they should, but as stubborn
as mule wheh anything opposed him.
As the young girl grew to woman
hood she began to develop a will
OF her own, and at the same time a de-
cided liking for young man named
Lewis, all of which was not to the liking
of the old elder, who put his foot down
in 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 a fit OF rage
drove her from the house. Soon after
she married Mr.. 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 wa,
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 $271,-
600. 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 1t 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 aeking
for $125,000 damages for not being
adopted, and it 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 sne is entitled to one-half OF the
estate, valued at SIC, 1872. 25, after deduct
ing $10, 900 for administration purposes.
| Attorney George Gibles was seen at
Pasadena by Herald reporter yester-
day and stated the facts in the case az
much as 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 a block OF land laying in the very
center of the thriving city of Lincoln
and valued at about $4,000.
The California estate is scattered, in
cluding S5 00G 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 $4,000. 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
is money on both sides and neither will
settle.