Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-21
Mrs. Henderson Holds Justice
Hitz Was Without Juris-
diction in Case.
HEIRESS WAS OVER 10
AT TIME, SHE CHARGES
Bill Declares Widow of Senator
Has Estate Extensive Enough +.
to Meet Any Claims.

Charging that Justice William Hitz of
the District Supreme Court was without
jurisdiction when he signed the order
authorizing her to adopt Beatrice Hen
derson on December 80, 1924, Mrs. John
B. Henderson, 80 years old, widow of
the former Senator from Missouri, to-
day filed counter suit against Mrs.
Beatrice Wholean, the former Beatrice
Henderson, who recently asked the court
to remove Mrs. Henderson as trustee of
the extensive estates of John B. Hen
derson and John B. Henderson, jr. Mrs.
Wholean also sought to prevent Mrs.
Henderson giving away the mansion at
2437 Fifteenth street to the United
States as home for the Vice President.
The counter suit charges that Beatrice
Henderson in 1924 was over the age OF
ID years and not subject to adoption
being no longer a minor. There waS
lack of consideration, it is charged, be-
cause Mrs. Henderson was not then able
to command, and Beatrice Henderson
was unable to give the proper consid-
Grafton for such adoption--ttat is, the
affection, duties and obligations that a
minor child owes to its parents-be-
cause she had reached adult age.
Parents Consent Lacking.
Failure of the parents of Beatrice
Henderson to consent to the adoption is
given as an additional reason why it is
not valid, and the point is made that
a guardian ad Item was appointed De-
cember %, 1924, and his report made
prior to the date of filing of the ap-
plication, December 80, 1924. The lock-
ing up of the papers for period of SIX
years and the failure to spread the
order of adoption on the minutes of the
court are also urged against the validity
of the adoption.
Mrs. Wholean was accepted by society
as the daughter of John B. Henderson,
jr., and granddaughter and heir OF
Mrs. Henderson until after the filing OF
her suit several weeks ago. Then Mrs,
Henderson declared she had been in
formed that her accepted granddaughter
was a founding 1t was disclosd at
that time that Mrs. Henderson in a
secret proceeding had asked for and
obtained papers to adopt Beatrice
Henderson in 1924.
The counter suit attacking the validity
of the adoption proceedings accom-
panied the answer to Mrs. Wholean's
suit for removal of Mrs. Henderson as
trustee of the estate, also fled today.
Denies Incapacity Charge.
In answer to the trusteeship suit
Mrs. Henderson denies the charges OF
Mrs. Wholean that she Is physically
or mentally incapable of handling the
estates. While she admits she has had
occasional illnesses during the past 10
years, she asserts that she Is not infirm
and weak either phyically or mentally.
She declares that she Is physically able
to do anything that any one in her
station of life is called upon to do.
She deades that her Judgment is I'M
paired and asserts her ability to con-
tinue to manage the estates.
Through Attorney George E. Edelin,,
Mrs. Henderson also moves the court
to dismiss the petition of Mrs. Wholean
as being vague, uncertain and indefinite
and because made by person having
only a contingent remainder In the real
estate and not entitled to a discovery
or accounting prior to the dsath OF Mrs.
Henderson, the life tenant. She also
points out that she has complete power
of sale under the will of her son, John
B. Henderson, jr.. and may not be di-
vested of that power.
Mrs. Henderson tells the court that
she made an irrevocable trust February
10, 1923, setting aside securities then
valued at S675,O00 from which the in
come is to be paid to Mrs. Wholean
after the death of Mrs. Henderson.
During the year 1926, she says she gave
the young woman securities worth
100000 and has at other times given
her large sums OF money: She asks
the court to vacate the order of adop-
ton of December 80, 1924, and to grant
her permission to withdraw her appli-
cation.
Denies Mansion is Involved.
Mrs. Henderson admits that she has
made no division of the real estate
under the will of her husband, and that
during the life of the son they used
the fathers estate as owners of an uu-
divided half interest, and since the
death of the son, Mrs. Henderson has
continued the control of the properties
as she has q right to do under their
wills. The ecourt is told that Mrs.
Wholean had never called upon Mrs.
Henderson for advice or information as
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