The times., 1898-08-01
A CAVEAT FILED.
Trouble Over the VIII of an Alleged
Daughter of Mrs Surrntf


Daughter Of Mrs Surratt
Philadelphia attorney has filed
caveat protesting against the probate OF
the will of Mary Frances KembIe. who it
is said was daughter of Mrs. Surratt
who was hanged for the assassination Of
President Lincoln The story is an in
teresting one.
For the past eighteen years, or up 70
the time Of her death. on the sth of last
June. Mary Frances KembIe was better
known 10 Philadelphia men about town
as Mary Kirby. She lived during nearly
all of that time at 163s Cherry Street, in
that city. where she accumulated a for
tune variously estimated from $4,000 TO
10000 When she first went 10 PhiIadeI-
phia, from Montreal where she said she
was born. she was young and strikinl,Iy
beautiful, and it was not long before she
infatua ted the son of a wealthy Phila-
delphian and secret marriage followed
The father of the young man threatened
to dislnherit his son and through the in
tervention of friends an ARRANGEMENT was
made whereby in consideration OF a large
sum OF money the young woman con-
seEted 10 divorce. II was shortly after
this that she bought the Cherry Street
property and moved into it
A few days after her death which
was sudden one. the viii against the
probale OF which the caveat had been
flied was given into the custody of the
register OF wills. 1t was made in 1873
The instrument devises all the zeal es-
tate owned by the tesLaTrix. or 10 which
she is entitled. located in Montreal.
Canada. IN trust 10 David W. Sellers.
the income from which. or so much as
the trustees may deem expedient is 70
so 10 her only child, the principal 10 be
conveyed 10 the said son when he attains
The age of tweuty-three years To
caroline Gray. young woman who had
lived for many years with Mrs kemhIe
is devised the use of the Cherry Street
house. for period of two years. freAs of
all expense, and all the furniture there
in Contained. except a complete bed
H c. Cobb.
The Will further directs that az the
expiration Of two years after the death
OF the testatrix the premises No f53S
Cherry Street are to revert TO George G.
Pierre. as is also all the real estate in
Camden which she owned. a trunk and
its contents deposited at the Fidelity In
surance. Trust and Safe Deposit Com
pany. and ali personal property in stor-
age, and that located at her ctyJfn-ry
seat on the Tacony Road The will con-
cludes by bequeathiug box and its
contents. stored in the Fidelity Trust
Building. 20 David W Sellers. who IS
also appointed sole trustee and executor.
Almost simultaneously with the filing
OF the will with the register. Mr. Sellers
itied his remuneration of the trusts with
the same official. Then came the protest
on behalf OF Miss Conlan. According to
the caVeat Med by her. Miss COnlan be-
Heves and AYERS that a later will is in esx-
istence and asks that the register Of
wills command anyone who offers any al
legged last Will and testament of the de-
cedeat for probate to produce all of such
last viii and testament.
Miss Conlan. it Is said. was clerk in a
department store patronized by Mary
Kirby. The latter took a fancy 10 the
young woman and during the last years
of her life would allow no other clerk 10
wait upon her. So well did she ike Miss
ConIan that at various times she made
her costly presents. one of them being a
piano. In addition TO this il is alleged
that she. on several occasions, announced
in the presence OF divers persons her in
tentiOn TO make Miss COnlan her heir. go
ing so far as to declare one day that she
had executed new will, in which she
had named Miss COnlan as the principal
legatee.
Will which has been filed for probate Is
the eX-recorder of deeds and probable ap-
pointee as United States consul TO Mu-
mich. He is a member of the Union
League, Clover Club and other prominent
Philadelphia social organizations and one
of the best-knOwn residents of Philadel-
phia. When questioned about the Kirby
will at his home he said that he knew
nothing whatever about it.
THE first l knew that such a document
was in existence. he said. was when 1t
was produced by Mr.. Sellers What The
estate is worth I do not know and do not
care. Neither do 1 know anything about
the Young woman who has filed the pro-
test against the probate Of the Will
.Is it your intention TO take such pro
ceedfngs as will protect your interests in
the Kirby estate2' Mr.. Pierre was asked.
Most emphatically not 1 do not know
that / have any such interests and 1 shall
not pay any attention either TO the wiz
or the protest.