The Savannah morning news., 1900-11-11
TOMBSTONE CASE DISMISSED
PLAINTIFF ABANDONED ITS FUR
THEIR PROSECUTION.

THEIR PROSECUTION.
order Passed by Judge FerriIi In tn
Oourt of Ordinary Plaintiff
Claimed 20 ne the son of Mrs. Mary
NJ. TaIiaferre aud Had FILED Two
suit. Against Her Executor and
Trustee Case An the superior
court Went on on "A Demurrer and
the Plaintiff Has Abandoned the
other-No Evidence Has been In
troduced 20 Establish his Com
tentioBs.
The case OF Fiorance Barclay Johnstone
agalntt C. c. Taiiaferro. executor o. the
will o. Mary II. Taliaferro. that has been
pending for more than three years 81 the
Court o. Ordinary was dismissed yester-
DAY by Judge Fcrrill.
THE order dismissinE the suit recites.
1t appearing 10 the court that the plain
TN has abandoned his case. IL is ordered
aud adjudged that the said case be hence
dismissed This Is the bare statement OF
the fact. behind It Hes a story OF thrilling
and sensational interest
Three years ago two suits we're hlet
against Mr.. Tallaferro. one IN the super
tor Court. IN which he wns sued as the
trustee under tho Will Of his dead wife.
and ore in the court Of Ordinary. IN
which he was sought 10 be conf elled 20
offer for probate % solemn form the vii
Of Mrs. Talaferro. 20 that The plaintiff.
Faorance Barclay tombstone. might n
his eavoat thereto. The plalntn. tho
same ia both cases. claimed q lie tho
nlegitlmate son Of Mrs Taiaferro. ami
his claim 20 a share Of the estate who
she left al her death was based o. tuls
contention
The plaintiff has been represented b.
Messrs. Mercer q Mercer. Burton
Smith and a. t.. Wright and the defend
ant by Messrs Saussy a. Saussy. and
duBignon a stephens.
The case In the Superior Court went on
90 a general demurrer, filed BY counsel
for the defendant. TO tho petition. The
point Of that case turned upon a clause In
the will Of Mrs. Mary Marshall. who had
adopted the mother Of Mrs. Taiaferro.
This clause provided that the property OF
Mrs Marshall should 20 to the children
OF Mrs Tallaferro. II was contended IN
the demurrer that admitting. for the
rake OF tho argument, the truth OF the
plaintln's contention OF fact. he yet was
not entitled to inherit under the will, as
"a could not be construed to mean lie
gitimhtc children.
This demurrer was filed by the attor-
neys for the defendant because they knew
that the same question OF fact would be-
presented for determination IN the case
pending In the Court OF Ordinary. The
case was carried. on tho question raised
by the demurrer. TO the Supreme Court.
which tribunal decided that tho point
made by tho defendant was well taken.
In both cases a large amount OF test-
mony has been submitted on behalf Of the
defendant. ell OF which goes to show the
untruth OF the allegations made by The
plaintiff on the other hand. no evidence
has ever been introduced 10 show that
his contentious we're matters Of fact.
other than the allegations IN his petition.
there Is not IN the record % either case
any evidence.
The evidence introduced by the de-
fendans was 10 the effect that the boy
was tho son OF parents who died in Mem
phis. within a few weeks OF each other.
during the yellow fever epidemic that pre-
vailed there IN the summer OF 1875 II ap-
peared that the woman who had nursod
the father and mother Of the baby boy
had written 20 Mrs. Taliaferro. then Miss
Mary Barclay. and had asked her TO
man OF very large means and OF known
benevolent pr0clivities. At the time she
adopted shis hoy she was supporting
little japanese Ia japan. The defendant
contentious as 20 the paternity OF the boy
have been borne out by all the evidence
thas has been introduced during the sew
eTai trials OF the case.
The case that Judge Ferril has dis
missed was based on the allegation, Hself
resting on the claim that tombstone was
the son OF Mrs. Talaferro. that undue
influence had been exerted IN the matter
of her win and that it did not express her
real wishes as to the disposition OF her
property. The estate is estimated TO be
worth $50 Oo0
II Is evident that young Johnstone has
totally abandoned any contention he
might once have made when last heard
from he was in the Philippines and his
own counsel have not heard from him
for more than a year. The conclusions
stated in the decision OF Judge Ferrlil
express self-evident fact. II IL a matter
OF general public oongratulation that the
name ard good fame Of a dead woman
has thus been freed % re9roach.
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