Arizona republican., 1914-06-20
THE GAINES WILL CASE

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 re- suit of her labors still in doubt
 Myra Clark was born in 1895 and died in 1885, During the better part of the eighty years of her life she had inspired and pursued continuous liti- gation. She was the daughter of Dan iel 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 circuit 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 Louisiana from Ireland when quite a young man. He was American consul at New Or l leans for many years until this country acquired the Louisiana territory His wealth in money slaves and land was great as the times went. Directly af- | ter his death will was found among 1 his papers. dated May 20, 1911. in which i he left his fortune to his mother, Mary | Clark, at the time living in Philadel- phia.
 A few years later allegations were made by friend of Clark that later will had been made, and a petition was presented to the court of probate ask ing 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 surviv- | ing partners were named as executors.
 but no final report of their conduct of
 the trust had been presented to the
 court up to the year 1884.
 One of the members of Clarks fam fly was young girl named Myra, who.
 is was presumed was his daughter, and later it was found that this was
 the case. She had been born in New | Orleans in 1895, shortly after which | friend, Colonel Davis, of Philadelphia
 In 1892. Myra was married to William
 W. Whitney. Shortly after her mar
 riage. as she was going over some old
 family letters. her parentage was re-
 vealed to her. This correspondence
 also included letter in which it was
 stated that Clark had left a will exc
 cuted just before his death, by which
 he acknowledged Myra to be his legiti-
 mate daughter and made her sole de-
 visee. saving an annuity to his mother
 From that year until her eyes closed
 in death Myra strove for the vndca
 tion of her legal rights
 Tn September, 1894 tract of land ot
 115 acres owned by Clark at his deatf
 was sold to the city of New Orleans by the men to whom it had been con- veyed by Clarks executors. In June 1894. Myra with her husband. made hel | first formal appearance in the courts
 when she filed petition praying that
 the will be annulled and the executors
 be required to surrender to her pos session of the estate. MT. Whitney
 died while this litigation was in prog ress. Two years later. in 1899. she mar ried Edward Gaines. who died in 1847 Mrs. Gains first direct action wa. against the city of New Orleans, ant was commenced in 1886 Other suit. were instituted against individual! who had obtained property iron Clark's executors. Appeals in many if not all, of these actions were car. ried to tie supreme court of Louisiana and the United States supreme court Down to the year 1855 nothing sub stantial had been accomplished bu the rulings and intimations of the su
 preme court of the United States hat
 given 2 degree of encouragement
 In that year Mrs. Gains filed ne { ttion in the probate court of New Or ! leans praying leave to make earl, ! proof of the last will of her father ! made in 1913. but which had been sup ! pressed and destroyed. This proc was formally made and a decree an ! nulling the will of 1911 was declared { It looked for a number of years as { the daughters hopes were shortly t pointed. for in 1869 suit was com I court of probate of New Orleans b
 that city to revoke the will of 1913. an, re-establish the will of 1911. And tn federal circuit court in 1873 revoke
 this will in her favor. But that de
 cision was reversed by the Unite
 court in 1876. and in April. 1877, tn will of 1913 was agoin probated.
 Before the case was definitely close
 and ere that woman of ,indomitabl
 will had realized the material fruits o
 repeated victories her tireless spiri
 was arrested in it's course. judg
 ment of nearly s2.000.000 had bee
 rendered in favor of Mrs Gaines f i the United States circuit court O |. Louisiana against the city of New Or
 lears in May. 1883 over six year
 later the judgment was reduced t
 something less than $600,000. Mrs
 Gaines died on January g. 1885, whil . on a visit to New Orleans.
 Tomorrow-Trial of Dick rurpin.