The comet. (Johnson City, Tenn.) 1884-1916, 1914-10-22
THE GAINES WILL CASE.

The most remarkable will case evel
brought before the United States court
was the litigation started by Myra
Clark to recover the large fortune
left by her father from the City Of
New Orleans and from other sources
For more than fifty years this woman
fought the case for what she held was
. her rights and died with the result OF
her labors still in doubt.
Myra Clark was born in 1906 and
died in 1885 During the better part
of the eighty years of her life she had
inspired and pursued continuous liti-
cation. She was the daughter of Dam
lei Clark, who died in the City of New
Orleans in the year 1913. During half
a century and over in the Probate
Court, in the Supreme Court of her
native Louisiana, in the Federal Cir
cult court and in the supreme court
of the United States, she prosecuted a
score of suits to establish her right
to the enormous estate left by her
father.
Daniel Clark emigrated to Louis
lana from ireland when quite young
man. He was American Consul at
New Orleans for many years until this
country acquired the Louisiana terri
tory His wealth in money, slaves and
land was great as the times went.
Directly after his death a will was
found among his papers, dated May
20, 1911, in which he left his fortune
to his mother, Mary Clark, at the time
living in Philadelphia.
A few years later allegations were
made by friend of Clark that later
will had been made, and petition
was presented to the Court of Probate
asking that the different notaries of
the city be cited to appear and certify
whether any such instrument had been
lodged with them by Clark. But as
none such was produced, the will of
May 20 was probated. Clark's sur
viving partners were named as ex-
ecutors, but no final report of their
conduct of the trust had been present
ed to the court up to the year 1884.
One of the members of Clark's fam
lily was young girl named Myra, who,
1t was presumed, was his daughter,
and later it was found that this was
the case. She had been born in New
Orleans in 1906, shortly after which
she was placed in the family of a |
friend, Col. Davis, of Philadelphia. In
1882 Myra was married to William w. |
Whitney. Shortly after her marriage,
as she was going over some old family
letters, her parentage was reveled to
her. This correspondence also includ-
ed letter In which it was stated that |
Clark had left will executed just be-
fore his death, by which he acknowl-
edged Myra to be his legitimate
and made her sole devisee,
saving an annuity to his mother.
From that year until her eyes closed
in death Myra strove for the vindica-
ton of her legal rights.
In September, 1884, tract of land
of lis acres owned by Clark at his
death was sold to the city of New
Orleans by the men to whom it had
been conveyed by Clark's executors.
In June, 1884, Myra, with her husband
made her first formal appearance in
the courts, when she filed a petition /;
praying that the will be annulled and
the executors be required to surrend-
err to her possession of the estate. Mr.. II
Whitney died while this litigation was
in progress. Two years later, in 1889,
she married Edward Gaines, who died
IN 1847. 4
Mrs. Gaines first direct action was
against the city of New Orleans, and
was commenced in 1886. Other suits ,
we're instituted against individuals
who had obtained property from :
Clark's executors. Appeals in many,
+ not all, of these actions were car /;
led to the supreme court of Louisiana !
Ind the United States supreme court. !
Down to the year 1855 nothing sub I
;tantial had been accomplished, but I
he rulings and limitations of the SUI y
)reme court of the United States had =
given degree of encouragement
In chat year Mrs. Gaines filed a !
PETITION in the Probate Court of New
orleans praying leave to make early
roof of the last will of her father, :
made in 1913, but which had been sup \
PRESSED and destroyed. This proof q
vas formally made and decree an :,
lulling the will of 1871 was declared. I
t looked for number of years as If h
he daughters hopes were shortly to
'e realized. That hope was disap- T
'ointed, for in 1869 suit was COM n
nenced against Mrs. Gaines in the !,
;ourt of Probate of New Orleans by h
hat city to revoke the will of 1913, !,
nd re-establish the will OF 1911. And n
he Federal Circuit Court in 1873 re: 2,
oked that this will in her favor. But n
hat decision was reversed by the Uni
ed States Court in 1876, and in April, n
ST. the will of 1913 was again pro- Il
ated. a