The herald., 1898-01-12
Fight Begins and Promises
Racy Disclosures
ALL POINTS BEING CONTESTED
MRS. CREEDE OWNS UP TO SIX
HUSBANDS THUS FAR
A Habitual Morphine Fiend, and
Weak Minded-What the Plain
tiff Expects to Prove

The legal fight over the valuable es
tate of the late Nicholas c. Creede ha
begun, and judging by the preliminar
skirmishes yesterday every point G
contest will be stubbornly combated.
At o'clock yesterday the contes
opened in the probate department of tn
superior court before Judge Clark. TIL
law firm of Finlayson & Finlayson, wit
w. j. Hunsaker as associat
counsel, are representing Mrs. Creede
the contestant in the case, while Henr.
T. Gage, attorney for John T
Jones, in the latter's capacity al
executor of the will, D. r. Weller, of tn
law firm of Jones & Weller, and w. I
Foley, all appeared for the proponent'
for the WILL
Just as a preliminary rattle and tC
open the contest with due eclat Mr.
Gage objected to the reading of the
pleading for the reason that, as he con-
tended, the contestant had no standing
in court. Inasmuch as Mrs. Creede had
confessedly, under the pleadings
signed a paper of separation from the
late Nicholas c. Creede and had signed
away all claim upon his estate, she
had no rights, counsel contended, in the
premises. Numerous authorities were
cited to sustain the claim raised and
then counsel urged that under the law
of RECESSION if the contestant desired to
gain standing the agreement referred to
should be rescinded and the 900 con-
sideration refunded to the estate.
SPARRING FOR AN OPENING
Mr.. Finlayson had a crack at this
proposition, and urged that if a contes-
tant gave notice of an intention to pro-
duce evidence tending to show that
the agreement itself was fraudulent the
law quoted by Mr.. Gage would not ap-
ply. Failing that he conceded that the
court could only assume the contract
to be a valid one, and the rule of recis-
sion would apply. In this case, how
ever, counsel argued that no offer of
RECESSION could be necessary for the
contract is not only voidable but con-
trary to public policy when taken in
connection with the surrounding cir
cumstances that would be testified to.
Mr.. Finlayson conceded that contes-
that if $4,000 was paid it was by way of
advancement; and the law contemplates
that in such cases the heirs receiving
such advancements shall be charged UP
with the amounts.
Judge Clark overruled the objection
to the reading of the pleadings, holding
that evidence might be introduced to
show that the contract had been re-
scinded, had been obtained by duress or
by fraud. The question of RECESSION he
took under consideration as evidence
to go in subject to the objection made.
The court held that it must be first
shown for the contestant that she was
the wife of Nicholas c. Creede, and next
that such circumstances be shown as
would necessarily avoid the legal effect
and binding character of the contract
of separation of Jan. 2, 1897, by which
Mrs. Creede resigned her claim on the
estate.
ONE SIDE OF THE CASE
Mr.. Finlayson then made his OPENING
statement to the court of what he ex-
pected to be able to prove. 1t was quite
a racy resume. Close behind him sat
Mrs. Creede, attired very soberly and
wearing gold-bowed spectacles that
gave her an air of dignity. A lady
friend sat by her side and attended to
her little wants for Mrs. Creede an
peared to be somewhat under thu
weather.
Counsel divided the case into three ul-
innate issues
Was the contestant the wife of Mich |
olas c. Creede?
Is the agreement she signed binding?
Is the will a forgery?
In those three propositions there is a |
basis for such fighting material as would |
suffice to set half of the Los Angeles bar
spatting at one another with all the |
venom of the noted Kilkenny cats. of
sacred memory.
WAS 1T A TRUE MARRIAGE?
1--WE will offer a certified copv of tb.
marriage certificate" continued Mr.
t1nlayson, the ceremony taking place
at Las Vegas, n. NJ, in May, 1893 and
signed by Chief Justice OBrien: about a
1ozen letters written by the deceased
Nicholas Creede, acknowledging CON
.estant as his wife the complaint filed
by him for divorce, in which he alleged
that she was his lawful wife and also
put upon the witness stand a woman
who lived for years with the couple as
cook, in Colorado-for they lived To-
yether as man and wife before heinz
awfully united-and later in New Mex
co. We will also examine Mrs. Creedn
herself.
1--WE understand that the other side
will contend that the contestant had a