Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-12-19
CLAIMS MISS MARSHALL
IS LEGAL NONRESIDENT
attorney for KcrnOcl,an Gives State
nent In Regard to Marie
Marshall Taxes.
jALIs AFFIDAVIT "A "MIsTAKE"
trustee of Insane Woman Claimed I'm
New York She Was Resident of
virginia, and in Virginia That She
Was Resident of New York.

virginia, and in Virginia That She
Was Resident of New York.
inc attitude Of the representatives
the Marie Marshall estate in the
'ehding controversy over the claims
hade by the Commonwealth Of Vir-
'ihia and the city of williamsburg for
'ack taxes amounting to 100000 al
eEcd |" be due IL explained by Nor
ell l." Henley. senior member cf the
Il" nrm OF Henley, Anderson Y Hall,
With offices in Richmond and VII
iamsburg. in statement issued yes
erday.
Mr.. Henley says:
MY arm was retained by Mr.. kcr-
ioch;n several weeks ago, ar De-
'ember had been selected as the date
Upon which n bin would be PRESENTED
the District Court Of the United
states for the Eastern District Of Vir-
|,inia, asking for an Injunction TO re-
strain the Commonwealth OF Virginia.
,S well as the city OF Williamsburg,
Ind their officers. from undertaking TO
Enforce the collection Of State and city
axes alleged TO be illegally and i'm
properly assessed against Inc estate
pc Marie Marshall. Al the ..qu.s, OF
he Commemorative ATTORNEY for the
F:ity OF Williamsburg. and .yInty OF
James, city who was also one OF
counsel representing the Ci.y aside
orncy. submission of the nil to the
court at that time was deferred.
PROCESS SERVED Oh
ItERNOCHAN IN VILLA MSDURG
"A few days ago our client. Mr. Kcr-
iochan. came from his home in New
York on a visit TO the city Of VIII
iamsburg for the purpose ~ skiing
.farie Marshall, and much TO on: sur
prise, while so visiting In said city
process was served on him IN suit
brought b. the Commonwealth
mot withstanding the suit. nNl has
.lready been prepared and notice has
ieen given counsel for the state OF
'irginia and the City OF williamsburg.
md their officers charged with no duty
~ imposing and collecting taxes. that
he bill would be presented to the
District Court OF the United sta :cs for
he Eastern Dtst.ic, OF Virginia. at
Richmond on "Wednesday, December
2. The contention Viii be mad, that
he Federal Court has jurisdiction TO
,ear and determine the Ihattcr In con-
roversy, by reason OF the fact that
Fir. Kcrnochan is "a nonresident OF tho
State OF Virginia; that tn. collection
pr the taxes assessed against him a.
ommittee OF Marie Marshall is r"pug-
hant to- and in violation OF IN. Con-
titution OF the United states; that
he situs for the purpose OF taxation
|,f intangible persona! propcrty belong
|ng to an insane person is tho residence
II the committee, and. moreover, that
iiss Marshall is now. and has always
,cen, a resident OF tn. CITY Of New
fork, and state OF New YORK
ACTS AS TO RESIDENCE
or MISS MARSHALL.
THE facts in connection with the
csidcnce of Miss Marshall. as viii be
ontended. and as alleged In the bin,
re- these:
That MISS Marie Marshall was born
n the ci,y OF New Orleans La, near
500, ana that about siH years there
tier her father. john X Marshall and
.er mother. Evelyn O. Marshall, moved
% the city y: New York, taking with
hem their daughter. WHERE she con-
inuously resided with her parents
Until on or about March s, 1872. when
he was admitted. rs pay patient.
II the Eastern State Hospital. then
inowu as the Eastern I.unat!c Asylum.
coated AT williamsburg, under the
,rovisions OF the statute law Of the
itatc OF Virginia then IN force, which
sc shall contend authorized the board
II directors OF the said asylum TO re-
Give patients into the asylum, whether
csidcnts of the State o! Virginia or
lot. under certain conditions pre-
crlbcd by said statute Miss Marshall
las continuously remained u pay pa
lent in said hospital since her admIs-
nission she was only twenty-five years
Il age. and had been suffering from
mental breakdown for several years
,rior thereto.
AFFIDAVIT
WAS \ "MISTAkE"
IN making this contention we are
lot unmindful of tie affidavit alleged
o have been made by our client, to
he effect that Miss Marshall was a
esidcnt OF the State of Virginia. We
10 not think that the affidavit will bear
he construction placed upon Il b. the
attorneys representing the Common
wealth OF Virginia. and the city of Will
iamsburg. nor is II entitled to the
publicity given It, but even If II does
{ was a conclusion OF law rather than
question OF fact At that time Mr..
.ernochan had not investigated the
aw bearing upon the question. and
nly recently has he had his ATTORNEYS
10 so. Mr.. kernOchans mistake was
iutte natural one. and Is in our
opinion, the same under which the at
orneys, now representing the Com
8nonwealth OF Virginia and the CITY OF
Williamsburg. are at present labor!nS
The papers have from time to time
stated that the city of 'i'e,ersburr
night he entitled to taxes from thr
estate OF Miss Marshall. and we have
card various expressions to the eTec;
hat Petersburg. and not Williams
lurs. should collect the taxes The
'nly possible basis upon whicn Peters
,urs has any claim is duo to the fact
nat for short time prior to her adj
mission to the hospital Miss Marshall
vas visiting her relatives in Peters
,urg. The occasion OF her presence in
'etersburg was that she was travel
ng with her father and mother. and
vas ieit there as matter OF tenn
)orary convenience.
Nn ySrIr S,JynS ,rn
DODGE TAXES
Much has been said about tax
lodging In connection with This mat
er. and in our opinion, any such talk