The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-08-17
NC. CREEDE'S WIDOW
poHs NOT I1EPREss THE COURT
vERY FAvoRABLY
SHE MADE A VALID CONTRACT
with Creole and Judge Clark Orders
That Her Contest Of the Will
Shall Be Dismissed

Shall Be Dismissed
Mic Creede's will. 80 far as the widows
contest of It Is concerned. has been sus-
&a,nad nv Judge Clark; so also the contract
by which upon the payment to her OF w.
600 Mrs. Creole renounced all further
claim to the estate Of her husband. Inc
court does not pass on the question raised
that the will is invalid because 1t Is not
eicned and attested according to law, mold
ing that It is unnecessary and would be I'M
proper on account of there being another
contest pending on that ground.
The story of Mic Creole and his career
n well known to the public, but many are
NOT sufficiently familiar with 1t to know
what; an interesting situation was created
NV his death and the subsequent develop
nents In connection with the disposition OF
his estate. Creole was a miner and Mrs.
creede. previous to their marriage, accom-
panied him on his prospecting tours for two
or three wears. In that time they discov-
cred and became possessed OIL a, mine in
Colorado which proved a bonanza. she
thereupon induced the old man to marry
Las Vegas in May of 1893. She had been
n marty to several previous unsuccessful
marriages.. but through the kindness of in
dulgent divorce courts and the intervention
of providence had been freed from these
marital entanglements, and the court finds
that this marriage was valid, and bind
ing. -;1li- ..;s
The couple ultimately settled IN Los An
geles and from the proceeds OF their Tor
tunate mineral discovery were able to live
q life of ease and idleness- But wealth did
not bring domestic happiness to them and
in the subsequent litigation 1t developed
that Creole was frequently attracted by
the fresher charms of certain housemafd.
and whether from this cause or not 1t does
not clearly appear, but in the latter part
of 1896 negotiations were opened by which
the couple sought to agree on terms OF
separation. On January 2, 1897, these nego-
tiatious eliminated in the desired separa-
ton, Mrs. Creole receiving $4,000 In cash
and rendering receipt by which she agreed
to release Creole from all obligations or
liabilities of every name, nature or de-
scription to either provide for my support
or maintenance or from any inheritance
that might, have from his estate IN case
of his death; and after this date shall
have no claim on him for any purpose
whatever, this being intended as full and
complete settlement OF all property inter-
ests between N. c. Creole and myself"
After receiving the $40 900, paid in cash at
the First National bank, Mrs. Creole went
to Mississippi and Creole brought suit
for divorce. The wife, who bore an unen-
viable reputation as somewhat of high
flyer learned of this suit through the regu-
lar channels, telegraphed a notice OF con-
test and started for Los Angeles post
haste Creole died while she was on her
way here, and although the report was
never fully corroborated, 1t was generally
supposed that his death was brought about
by his own desire to rid himself OF the
troubles and responsibilities of this life.
He left will In which he bequeathed the
bulk of his estate, valued at about $150, 900,
to little adopted daughter, Edith Dorothy
Creede.- Mrs. Creole, thus deprived of an
opportunity to contest the legal separation
which her husband had obtained from
higher authority than she was capable of
reaching, set herself about doing what
ever she could to get another ''swipe' at
the property. She therefore contested the
probate of the will on the grounds that she
was the widow of the deceased and that
the instrument offered for probate was
never signed by the deceased nor attested
by subscribing witnesses, as required by
the statute. The heirs contended that she
was not Creede's widow and that her in
terest in the estate was estopped by the
contract which she signed on January 2,
1897, after being paid 900 by Creole.
The court now finds that she Is the true
and lawful widow of Creole, and in that
respect Is entitled to contest the WILL But
the contest is dismissed on the ground that
the contract she signed was valid. On this
point the court says:
"A wife may release or contract away her
Unbeatable interest in her husbands prop
erty and thereby debar herself of the right
to administer his estate or to question any
disposition thereof that he may make by
his last will and testament. Counsel for the
wife contend that she did not do so; that
the contract In question was the product
Of undue influence. There is evidence tend
ing to show that Creede's housemaid was
the apple Of discord and that there was
a deep-aid conspiracy on the part of
Creole, assisted by his attorney, Jones, and
agent, Hunter, to rid himself of the con-
testant to the end that he might marry
the girl There is not sufficient evidence
to justify such a finding. The contestant
testified that while she saw Creole and the
housemaid kissing and hugging she did not
care. This is probably true, for woman
entertaining the notions with respect to the
relations OF the sexes held by contestant, as
evidenced by her history, would not be apt
to be affected by such lapses on the part
Of a husband.
but that there was discord is admitted
and accordingly in December, 1896, we find
them negotiating for a settlement Of prop
erty rights and a separation. 1t was finally
agreed that they should meet and together
go to the bank, and accordingly they did SO,
an agreement being entered into and $780,
900 being paid by Creole to his wife in the
presence Of President Elliott Of the First
National bank. Mr.. Elliott testifies that
the contestant appeared to be entirely ra-
tional at this time and to understand the
nature and character of her act. have
not lost sight of the evidence that the con-
testant was for years a confirmed opium
or morphine eater, and that the result of
such habit is to weaken the intellect and
powers of resistance; so. too. the rule that
where contract between husband and
wife by which the husband acquires an
adVa pfa 90 fS rfyIastinrad Inv tho x.,gfo $50