Evening journal., 1914-04-13
SEEKS ANNULLMENT
after Is Years
Mrs. Jackson Says She Has
No knowledge Husband
Ever Sought Divorce

An unusual case in which $500 1000
estate is involved, is to come before the
Superior Court of Sussex county today.
Mrs. Bertha E. jackson of Philadelphia
has filed petition asking that divorce
granted her husband, Daniel w. Jackson,
now deceased, on the ground of desertion
he onnulled for the reason that she knew
nothing about the proceeding. She al
leges that the paper showing she had
accepted service in the divorce case was
forged, as she never was served with
notice of the suit.
Although the divorce was granted by
the Sussex county court April Z. 1895,
the petitioner says it was not until Oc-
toher last that she had any knowledge
OF the case. Meanwhile. the husband
was married to Bertha Myers, also OF
Philadelphia. Jackson died April q,
1905, leaving two daughters by the sec
ond wife.
Mrs. jackson No. , was granted let
ters of administration on the estate by
the Register of Wills in Philadelphia
September 2f, 1906. She has since re-
married DR.. Walter n. Miller of Phila-
delphia.
If Mrs. jackson No ] succeeds in
having the divorce set aside, she will
come into a dover Interest," one third
interest for life. The marriage to wife
No. , thus will be void. The original
wife says in her petition. filed here last
Monday, that she first learned of the
alleged divorce from letters of Bertha
Myers jackson found among papers OF
George w. Jackson, brother of her hus-
band, which she allages Showed that
there was a question as to the validity
of said divorce"
John NJ. Richardson, who was the
commissioner said that he remembered
the case distinctly. Although wife No.
alleges that neither she nor her hus-
band was ever a resident of Delaware,
the commissioner stated that Mr.. Jack
son then claimed Milford, Del, as his
home. The commissioner said he took
testimony at one hearing held IN the
parlor Of the Central Hotel. Milford.
which jackson attended. The wife.
however. was not there. There were
a half dozen other witnesses, some of
them women.
Another unusual feature is the appear
ance of George w. Jackson" as a wit.
ness to the acceptance of service by Mrs.
Jackson, August g. 1897 This Mr..
Jackson, now deceased was a brother
of her husband, who she says knows of
her whereabouts, and "at various times
came to see her. A handwriting ex-
/ pert viii, it is declared, endeavor to
find out who signed the wife's name to
the service in the divorce suit.
The late Judge George p Fisher of
the Supreme Court of the District OF
i Columbia from 1865 TO 1870. was coun-
sci for Jackson in the divorce action
Charles w. Cullen of Georgetown was
associated with him.
Wife No. l, whose maiden name was
Bertha Z. Fowler, was married to Dan
iel W. Jackson in Philadelphia. Sep
tember 5. 1873, by the Rev. William f
Downey. When her husband became
"habitually intoxicated she says, and
threatened her with violence. it was de-
termined at family conference that
she should "for her own safety separate
Herself and conceal her whereabouts
from him. This was in 1885 and tho
step was taken, she says, upon the ad
vice of Joseph Jackson, father of heI
husband, who "kept continuously il
touch with her and supplied money to
ward her support"