The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-01-02
MRS. HARRIET ALLEN WINS.
Judge McKim Decides In Favor Of
Portland Woman.


Bost,n, January LIN the Allen will
casa, Judge McKiin decided today that
tine son OF Mrs. Hattie Allen 10 the legal
heir Of Elbriags Allen and that Mrs.
Hattie Allen Is the lawful wife.
The case has attracted wide attention.
The presentation of evidence was CON-
cluded last Saturday and the morning
session Of the court today was devoted TO
arguments. When the lawyers had CON-
cluded, Judge Mckim said:
This case presuppossd that there are
persons who do not know the law regard
ing marriages. Mis- Harriet Allen says
che was married In Park strest church.
Ehe believes she was married.
He then de,idsd the son Of Harriet
Allan to be the legal heir. Mrs. Harriet
Allen to be the lawful wife and decided
the case in her favor.
Judge McKIm. In delivering his deois-
ion, said that there were two petitions
before the court. The petition Of Harriet
k. Allen presupposes that there are pso-
pie who get married and do not know
the requirements of this Law regulating
marriage, and who think when they have
gone to the clergy man 10 be married
aud the ceremony 10 performed ali the
legal req uirsmsnts have been carried out.
Ths testimony of the petitioner, Har-
riet E., was that she had gone to the Park
street church and been married by Rev.
MIR. Murray, the pastor. That testimony
was oorroborated by q disinterested Wit.
ness, Mrs. Blake, whose testimony had
neither been COZ tradictsd nor successful
Iy impeached.
Mrs. Blake had lived In Boston forty
or fifty years, and II her character was
not good 1t could have been impeachsd.
Bot 1t was net done.
al think, therefore" said Judge Nc
kim. "that these parties were legally
married, ard that they lived together as
man and wife until Allen became salts
fled that there was no record Of the mar
riags, when he married again.
''Ths absence Of Mr.. Murray ID, to my
mind, proof that they were married by
him. He is not dead. They have fixed
. marriage upon a man who is living.
and whose deposition might be taken,
even II be could not have been brought
here himself.
"He might not have remem bered the
marriage after "a years, but he could
sy whether he had ever married any one
without a license. II ne could have said
OF the greatest advantage in the case.
al think, therefore, that this was q
legal marriage. and that the son by this
marriage is the only heir.
"The first petition Is carried. and the
second one dismissed.
All the parties then left court, Mr..
Cove smiling happily, as did Mrs. Har-
riet E. Allen.
Superintendent Allen committed sui
eide by shooting In q New York hotel
last September. Mrs. Harriet X. Allen
of Portland, Me-, last week petitiensd
the court to be appointed administrative
claiming rights as the legal widow of the
deceased for herself and SO year old son.
She claimed that she had come from
Portland to Boston with Mr.. Allen and
was married in 1872 by Rev. Mr.. Murray
Mt Park street church, but had no records
Of the union. neither were any found In
the public records o, the oity. Opposing
the petition Of wifi, No. was another
entered by Mrs. Flora E. Allen who was
married publicly to Mr.. Allen In New
York last January. She claimed to be the
lawful widow and declared that the wo-
man from Maine had never been ma rried
TO Mr.. Allen. In turn the tirst wife
sontended that as her husband had never
received divorce from her, he had NO
right to marry ssoond time, ana there
fore she claimed that her rival had no
Slain ~ her marriage was Illegal. 1t Is
thought likely that the case will be car
ried to the Supreme court on appeal. The
Allen estate 10 estimated as being about