The herald., 1897-08-10
CREEDE'S WILL
The Three-Cornered Fight
Now On
NO FAMILY ALLOWANCE
ATTORNEY JONES AS SPECIAL
ADMINISTRATOR
Terrible Assault on a Girl at Fillmore.
Compton, Ware and Davis Are
Held to Answer

The first legal shot was fired in the
litigation over the Creede will yester-
day.
All the attorneys either directly or
indirectly concerned in the case were
present, and Attorney Finlayson pro-
ceeded at once to argue on the matter of
family allowance being granted to his
client, Mrs. Louisa Creede. Before he
had gone far, however, Henry T. Gage,
Esq, representing, with John T. Jones,
Esq, the estate of the decedent, stated
to the court that when their answer had
been put in he had left instructions that
a denial should be inserted to the allie
cation that the lady known as Mrs. Lou
lisa Creede was the wife of the decedent,
or that they ever were husband and
wife. Counsel asked permission to
amend. and this being granted the in
terlineations were made that for the
nonce, at all events, took the wind out
of Mr.. Finlayson's sails, so to speak.
That gentleman maintained that it was
not his desire at that time to raise any
issue of fact but confine himself to points
of law. By opposing counseps amend
ment in a matter of vital Importance,
depriving Mrs. Creede of all her rights,
he realized that for the present it would
be useless for him to continue, and he
would therefore withdraw the applica-
tion for family allowance, without preju-
dice. For the present he was content to
let the matter rest as he did not wish
at this stage of the proceedings to be
compelled to show how and why Mrs.
Creede was in very fact the wife of the
decedent.
When Mr.. Gage asked permission to
amend his answer by denying that Mrs.
Creede was the wife of the deceased mil
lionaire Mr.. Gage explained to the court
that the amendment was not made in
mere frivolity or as matter of frivolity,
but on good grounds. Whatever this may
mean in exact language, it is evident
that an additional interest has been i'm
parted to the main contest when it comes
up for trial.
That matter having been disposed of,
Mr.. Gage wanted J. S. Chapman, Esq,
representing Mrs. Bashford and also
Edith Dorothy Creede, the infant heir
ess, to define exactly his position in the
case. He contended that his associate
and himself wished to understand just
what they had to meet in the way of
opposition. 1t appeared to counsel that
the interests of Edith Dorothy were
identical with the will, but by Mr.. Chap
man representing Mrs. Bashford the
matter became complicated.
Judge Allen said he appreciated the
oieo !, I,,f 4 ! I,
he had such unbounded confidence in
the wisdom and integrity of Mr.. Chap
man and in his ability in guarding the
interests of the child that if any incon-
sistent relation should arise he was
sure he would retire from his position
as counsel in the one case or the other.
Mr.. Chapman couldn't see it just in
that light. He contended that Mrs
Bashford doesn't claim any interest in
the estate under any circumstances. The
rights of the child accrue by adoption
and under the will, and if the will is not
sustained then Mr.. Phifer, the tesla
mentary guardian, would not be guar
dian. Quoting from the statute, Mr..
Chapman showed that if the mother is
living the father cannot by will appoint
a guardian for it without the written
consent of the mother.
That was a technical point, and Judge
Allen appeared to be thinking more of
the best interests of the child. He as
sumed for the moment that Mrs. Bash
ford should be shown to be an unfit per-
son to be the guardian and said that the
interests of the child would not be sub
served in that way. He suggested that
Mr.. Chapman accept the guardianship
of the child altogether apart from Mrs.
Bashford, and withdraw from the advo-
cacy of the latter's claim.
To this course Mr.. Chapman decidedly
objected, unless, and under certain cir
cumstances, Mrs. Bashford should see fit
to withdraw. In answer to the interro-
eating of the court counsel said even i;
he stood alone as the advocate of the in
terests of the child, and he was asked
whom he thought should be appointed
guardian. he would still answer, Mrs
Bashford, in the absence of proof thai
she was.an unfit person. BY the terms
of the will counsel pointed out the littls
girl does not gain control of her inherit
ance until she is 25 years of age, and is
not then, unless Of good moral charac-
ter. He urged that this growing chile
ought to have as her guardian a mar
(Mr. Phifer) whose wife would benefi
if the child in her young womanhood de-
veloped an immoral character. He de.
MED that Mrs. Bashford had any desire
to be guardian of the estate, but did be.
lieve she was entitled to guardianship o1
the person.
Mr.. Gage argued that the suppositior
of counsel was against law. If
however, it appeared to the court thai
Mr.. Phifer was not suitable, some one
else could be found Counsel suggested
that Mr.. Chapman guard both the child
and estate alone. Judge Allen said hi
would like to see it, again compliment
ing Mr.. Chapman, and saying that the
judge of any of the departments would
accept an opinion from him as the alb
soluteiy honest expression of his mind
concluding by saying that if Mrs. Bash
ford really has the good of the child al
heart she will withdraw.
Inasmuch as Mr.. Chapman had, DUR
iLg his argument, asked of counsel on
the other side whom they could suggest
as guardian in place of Mr. Phifer, Mr.
Gage at this point said he could suggest
man, and named Senator Stephen M
White.
No objection was made to the nominee
but Mr.. Chapman objected to opposing
counsel assuming, because he made ap-
plication for the appointment of the
mother that he was going against the
Will 1t was not so The mothers
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