The herald., 1898-07-30
the INFANT HfIRfSS
PROVES THE CAUSE OF MUCH
LITIGATION
DOROTHY AND THE WILL
The Actress Mother Wants Her Baby
Back-Five Petitioners for the
Guardianship

Edith Dorothy Creole, the infant heiress
to the estate of the wealthy miner, Me
Creole, is the subject of much interesting
contention in tine superior court. and, II
present evidences are not misleading, she
will be an unappreciative party to some
long -drawn-out litigation - unappreciative
because she is less than years old.
The latest step-and during the now ia
nous controversy steps have followed each
other so closely that 1t amounts almost TO
q run-was taken yesterday. The diminu-
tive Miss Dorothy, through her attorney,
comes gravely to the front to announce
the fact that she believes that the will pur-
porting to have been written by her adopt
ed father is a forgery. This will leaves her
q large slice of the fortune, but gives be-
quests to the family of Creede's brother
tn-law, Sherman Phifer. and to others.
This will has already been contested by
Nancy Creole, the widow, and her protest
Is still under consideration by Judge Clark.
The story of the battle between Mrs.
Creole and the estate will still be remem-
bered. She and Me Creole had domestic
troubles and agreed to separate. Mrs.
Creole signed a written agreement relin-
gushing all claims to the estate and ac-
cepted $40, 900. Later Creole died, and
will was found providing as stated above.
Mrs. Creole denied its validity and repudi-
ated the contract
These issues were tried in what was
most remarkable lawsuit Mrs. Creede
maintained that her contract was nopera-
tive for several reasons. One was that she
had merely signed 1t as temporary meas
ure intending to go back to Creole when he
had recovered from his anger. For anoth-
er thing, she claimed that she had been
forced into the step. But most sensational
of all was the plea that she was con-
frmed dope fiend" and was not mentally
capable of such an important move. AS a
distinct feature OF the same case was the
will contest. Both issues were taken unoer
adyisement by Judge Clark, and decision
has not yet been rendered.
Now. If the will be declared invalid, the
Phifers and the rest of the outsiders VINO
claim bequests will be summary dropped
out. AS by the contract, Mrs. Creede mas
shut herself out little Miss Dorothy would
doubtless inherit the whole. If the contract
be declared null and void, Mrs. Creede will
be back for her part in the spoils, and wild
ow and adopted daughter will both have
share. That is little Dorothy's position. L.
seems that no Vaccinations can shut her
out Hence her sudden and alarming pop
ularity.
When Creede died the little girl was, of
course, legally alone in the world. The al
legged will made Sherman Phfer her tesla
mentary guardian. but so cogent is the milk
of human kindness that at least five per-
sons, who insist that they love children
very INDEPENDENTLY children with
about 800, 0oO-are eager to guide her steps
through this wicked world.
Mrs Creole wants her. She admits that
she objected to having Creole adopt her
and that they quarreed about her, but says
that she learned 10 love her tremendously
and yearns for her baby society.
Maggie Kearney. domestic in the Creede
household, would like to have her, because
she brought her up. Sherman Phifer has
died lately, but his family do not desire to
relinquish his claims.
W. T. S. Hammond Of the First National
bank also wants to be her guardian. Mean
while the little ones mother, who since
married a Mr.. Bashford and Is in a salts
factory financial condition, wants her child
again.
The guardianship question came up yes
terday in Department two, but was contin-
ued until today. Judge Clark stated signifi-
cantly, however, that he should award the
child to her mother unless her manifest un-
fitness could be shown.