The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-29
MONEY IS ORDERED PAID
ANOTHER CHAPTER IN THE CASE
OF A TwICE-MARRIED COUPLE.
Probate Commissioner Walker De-
eide, I'm Favor of Young Mrs. Bessie
Curtis-A History of the Case.

In the case Of the guardianship of Bessie
E. Smith, now Mrs. Joseph A Curtis, Pro-
bate Commissioner Walker issued an order
yesterday requiring the guardian to account
TO her for funds in trust within five days.
On Nov. Is Bessie Smith and Joseph A.
Curtis were married in the office OF Justice
of the Peace Smock. The:' had once be-
fore been married in Hancock county, but
before she was or the legal age, eighteen
years. and on this account her mother. as
guardian, and the Indiana Trust Company
refused upon her application to turn over
about $1,000 held in trust for her. on the
ground that the marriage had not been with
the consent of her guardian and was there
fore not a legal marriage.
In order to overcome this objection the
couple were again married by Justice Smock
e few days after her eighteenth birthday,
and then she applied again for the payment
Of the money. The mother and trust COM
pany again declined TO make payment and
the hearing was set for yesterday. resulting
In the order by Commissioner Walker.
Lawyer II. E. Ne2ley. who has had charge
of the case for Mrs. Curtis, in speaking OF
the matter yesterday. said: There is an
other side to this story which has not been
told. and from what / can learn a great in
Justice has been done both Mrs. Curtis and
her husband. Mrs. Curtis, whose maiden
name was Bessie z. Smith, was a daughter
of Henry l.. Smith, who committed suicide
last spring while in the plumbing business
on Massachusetts, avenue. He had placed
81, 900 in trust for her and his wife was made
guardian of the young woman.
She says that after the death of her ia
Their, whose ~favorite she was, her mother
treated her so cruelty that she was COM
PEELED TO leave home. She had been engaged
to Curtis for quite awhile. and they con-
GUIDED to get married, and did a
few days before she she msiber eig noSi1
not pay over the money held In trust
for her, / was employed and filed a petition
for an accounting by her guardian, whose
authority over her ends upon marriage 10
a mar of full age. The trust company and
Its attorney, OF course, taking the side OF
the mother, claimed the marriage was not
legal. as a female ward, under aw, could
not marry without the consent of the guard
ian. and the marriage was, therefore. noe
legally a marriage. This, i think was par
taiiy because the mother claimed Curtis,
to whom her daughter had been married,
was not a proper person 10 have control of
the young woman's money, and the trust
company and guardian said they would
appeal and appeal again in order TO keep
her out of the money until she was twenty
one years OF age. The young woman Is a
pretty blonde of pleasing address and well
educated. Curtis is in a responsible posi-
ton with the L. G. Tyler instaIlment house,
and. / understand, has been with them for
nearly two years and is we'll liked. being a
young man OF industrious and frugal hab-
its. Mr.. Tyler, the head OF the concern.
speaks very favorably OF hin l think there
will be no appeal from the order Of the
commissioner. and Mrs. Curtis will get her
money