The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-21
BETTY oRDwAY's DAUGHTER WINS.
Orphans Court Decides that She
Shares in Arthur PadeifOrd's Estate.

Philadelphia Press.
In the Orphans Court yesterday Judge
Hanna settled the estate of Arthur Padel-
ford, deceased, whose first wife was the
daughter of General Ordway, OF Washlng-
ton and decided that the estate should pc
distributed under the intestate laws, in the
same way as If Mr.. Padelford had MADE no
will and codcil The heirs will, therefore,
be the decedent's widow, who was his sec
ond wife. and the child Valerie, by his first
and divorced wife.
On Oct q, 1885, Arthur Padelford married
Elizabeth G ordw 1a daughter OF GEN SON AL,
thereafter he, with his wife, visited europe
and resided in Paris. Vienna and other
cities. In September, 1887 the testator ana
his wife were located in Paris, and there,
on Sept. IL, 1887. a child was born, subse-
quently named Valerie Batthyhani Padel-
ford. Shortly thereafter the testator re-
quested his wife to return to the United
States, taking her child with her:
The .testator did not return; but soon
after her departure visited Vienna and
there commenced proceedings to obtain a
divorce from her. This proceeding was car
ried on, with notice to his wife, but who
did not appear nor make any defense. Dur
ing the tendency of these proceedings to
obtain divorce the testator executed ms
he bequeathed the following pecuniary
legacies:
70 his aunt Alice Blackford. SIS 900; his
aunt, Ellen Reed $25, 900; his aunt, Eliza
beth March, $685. 900; to his executors, to be
expended in charities. $4,000, and to his ex-
ecutors, in trust for his mother, Kate Hol-
man. for life, with remainder, etc.,
Testator also, for reasons stated In his
WILL declared that no part whatever OF his
estate shall come to or be paid TO MS WIRE;
and further that a daughter of said wife,
horn since his marriage TO her was not his
child, and that in no event shall she inherit
or be entitled to any part of his estate nor
to any portion or share of his grandfather $
estate held in trust for him, for life, with
remainder to his children after his decease,
as the said daughter of his wife was not
one of his children. And all the residue OF
his estate he gave and devised to his execu-
tors, in trust for his brother, Edward M.
PadclfOrd.
On MAY II. 1889, a final decree was entered
in favor of the teStator and his marriage
with his wife was apnulled. 1t was not
shown when the teStator returned to the
United States. However. it appeared that
on Oct. II, 1892, bill in equity was filed in
the Common Pleas Court, in this city, by the
minor daughter, Valerne b. Padelford. by
her next friend and grandfather, Albert Ord
way, against Crawford Arnold, trustee for
the testator, Arthur Padelford and against
it was averred that the minor is the child
of Arthur Padelford and his wife; that she
was born on Sept IL, 1887, and an allowance
out of the large estete of the father was
asked for the child's support, etc.
In the answer filed on May 26, 1894, Arthur
Padelford admitted that the minor is his
child; that she was born in Paris, and that
he Immediately cabled the fact of her birth
to her grandfather in Washington; that he
instructed her grandfather to have the child
registered in the parish record of st. Johns
Church, at Washington, where she was bap-
tised; of which fact he received information
and notice. He SAIL he Was willing to take
proper care of his child, but desired to have
her custody and control and to exercise SUI
perv1siOn over her.
bill in equity was filed an agreement was
made in which it was stated that lin con-
sideration of love and affection, and in pur-
Suance and execution of a certain cOmpro-
mise in the equity proceedings the said
Arthur Padelford acknowledges that the
said Valerie Batthyhani Padelford is, his
lou 1rhf
full Wedlock on The 18th day of September
A. d. 1887 by his then wife, Elizabeth God
win Padelford.
27, 1885, remarked and died June Z, 1885,
leaving surviving his widow, Mrs Edythe
Grant Padelford and his daughter valerie.
er distribution of the fund in the hands OF
the surviving trustee
The widow claimed that, the VIII having
been executed prior to testators marriage
with her. under the act of April 3. 1888, 1t is
revoked as to her, and she is entitled to the
same interest in his real and personal estate
as if he had died intestate.
Judge Hanna in deciding the controversy
reviewed the circumstances at length and
cited various authorities. IN the c9nclu tIo
ing paragraph the judge says; Under the
agreement of counsel the distribution is
relegated to this court and the result of
the testators subsequent marriage, his sub
seuuent discovery of his child and his COR
rectiOn of his prior mistake OF fact is that
the estate goes under the terms OF the deed
of Nav g. 1884, wherein Arthur Padelford
limited his estate in default of appointment
to such persons as would be entitled TO the
same under the laws of the State OF Penn
sylVania in case the said Arthur Padeltord
should die in said State intestate, viz:
One-third thereof to his wife and tWo-thlrdS
thereof to his daughter Valerie.
According to the supplemental account
there is a balance before the court OF w.
2O451 principal and a balance of income OF
$3,754.39.
schedule of distribution.