The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-24
MRS.. LESLIE'S NAME
CLEARED BY COURT
Surrogate Fowler Riddles At
tempt to Show She Was
Daughter of Slave.
CLAIMANTS AGAIN LOSE

The application BY the heirs a. law OF
decree admitting the will OF Mrs. Frank
Leslie TO probate and TO contest Its Waldo
itv was denied yesterday by Surrogate
Fowler. While the S~urrogate's ruins
was based OF the law OF the case, he
commented sharply on the evidence IN
support of the contention that Mrs. Les
Hes mother was a slave and could have
no heirs OF her own because 'the only
parent through whom such could claim
was by the ante bellum law Of this coun-
try prior TO 1851 held in a serytle
status"
Commenting OH the charges concern.
ing the parentaee of Mira Leslie the
Surrogate said:
Such a claim Gems to us now at this
la pse OF time a morstrous claim. But
ever II not monstrous in law, 10 my
mind the evidence purportinE tn support
the claim IN this instance is OF the most
Inadequate and nebulous kind. Besides.
the claim OF Mr.. Leslie's heirs Ia met on
the part OF those claiming to be either
heirs at law and the legatees or oe'1sees
OF Mrs. Leslie with most indignant ana.
20 my mind. complete deniais.
In all countries where a servile status
has once existed the free born and their
descendants are for a long period OF
time thereafter outraged by charges de-
tracing from their own superior status.
or by what they regard as an unjust
attempt TO include them. being Of the
higher caste, with the ranks Of the SER
vile caste. In view Of this we'll known
fact. II for no other reason. this general
indignation Is not to be ignored In a
court OF justice.
ION the merits OF the papers pre-
: scented in this matter. IL would seem that
the origin. life and emo Of he de-
ceased lady are most uniustly attacked.
IL appears therefrom that all ner lie
she was entirely free from association
with persons of serviie status that size
associated exclusively with persons not
OF that status, some OF them more or
less eminent as people OF letters or IN
other walks Of lie. That she bore no
trace whatever " the origin asCribed 70
her by the heirs ~ law % her late hus-
band IL apparent from the papers before
me. The OF the highly respect
able southern family claimed by Mrs
Leslie AZ her own. and by whom she was
claimed, repudiate in substance all such
assertions. | must say that on the
papers submitted to me ne contention
Of Mr.. Lesll.'s heirs at law In respect
10 Mrs I.eslio's status l. entirely dis
proved
In his opinion the Surrogate said tha'
NE application Of the Frank Leslie heir
1t law MS based on a law passed n
lS96. providing that when an estai'
comes TO a wife from a deceased husband
the Inheritance shall descend TO th'
heirs OF the husband II the wife leave,
no heirs entitled to take the property
The Surrogate holds that this law can
not be construed Ia such a waY that thu
heirs OF Frank Leslie can have an!
standing in court 10 contest the probat'
Of Mrs. Leslie's Will.
If the decision OF Surrogate Fowler j
upheld hv the higher courts The Fran
Leslie heirs VIII Ice compelled 20 prose
cute tNe," claims IN I'll" supreme 'our,
tp to tNe present time IN" cause q
4 woman suffrage. 20 which the bulk o
/, Mr.. L.rSi.e'a sl.Spo.0n0 estate was be
uueltrni, has won a. every step