Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-22
Mrs. John B. Henderson Files
Plea Hitz Order Invalid
Because Girl Was 18.
FAILURE OF PARENTS
TO CONSENT CHARGED
Counter-Claim Says Age Barred
Legality of Action and Bares
$4,000 Trust Fund.

ruTLIleT mQlCaJlOn OF Cne DlCCer legal
fight to be waged over the Henderson
fortune came yesterday when Mrs. John
B. Henderson filed suit in District SUI
preme Court to have her adoption Of
Mrs. Beatrice Henderson Wholean in
1924 declared invalid.
Mrs. Henderson charged that Justice
William Hitz was without Jurisdiction
when he signed the order authorizing
the adoption. The action, brought as
counter suit to proceedings insti-
gated recently against Mrs. Henderson
by Mrs. Wholean, was based to a great
extent upon the contention that Mrs
Wholean, then Miss Beatrice Hender-
son, was not subject to adoption in 1924
because she then was more than ID
years old
Disinterested lawyers agreed, how
ever, that a woman does not attain her
ma jority under the District law until
she reaches the age of 81. They con-
tended the only exceptions to this gen.
eral rule enabled girls to marry at Ia
without the consent Of their parents
and to take a cash bequest under a will
at the same age.
Estates Involved.
The Henderson Wholean litigation
began when Mrs. Wholean brought suit
oCChulB W IcIIlONe MIS-. f1eIlQeTSOIl as
trustee of the extensive estates of her
husband. the late John B. Henderson,
former Senator from Missouri. and her
son, the late John B. Henderson, jr
Mrs. Wholean also demanded that Mrs
Henderson be restrained from present.
ing to the Government a Fifteenth
street mansion for use as a home for
Vice Presidents of the United States.
Through her attorney, George e.
Edelin,, the plaintiff told the court in
her suit yesterday not only that Beatrice
Henderson at the time of the adoption
was more than 18 years old, but that
she had been informed she was not the
subject of adoption as having attained
majority. Failure of the parents of the
girl TO consent to the adoption also was
alleged against its validity.
While assuming the offensive in the
adoption suit, Mrs Henderson also filed
answer to the suit for her removal from
the trusteeship and denied she was in
firm in body and mind. She asserted
she was competent to continue to man.
age the vast estates and had property
enough IN her own name to respond to
any claim that Beatrice Henderson
Wholean may urge against her.
Gift Plan Held Known.
Mrs. Henderson declared the idea of
Vice President had been entertained
by her for 20 years and was known to
Mrs. Wholean and that the money in
vested in property which she wishes 10
present had not come from the estate
OF John B. Henderson, jr., under which
Mrs. Wholean claimed a remainder in
tereSt on the death OF Mrs Henderson.
the life tenant. The point was made that
remainder cannot demand an ac-
counting during the life of the life ten
ant.
Mrs Wholean was accepted by Capital
society as the daughter of Mr.. and Mrs
John B. Henderson, jr., and grand
daughter and heir of Mrs. Henderson
until after the filing of her suit. Mrs
Henderson then declared she had been
informed her accepted granddaughter
was founding After the filing of
the suit it was disclosed that in secret
proceeding more than six years ago
Mrs. Henderson had adopted the young
woman.
Put $675,OOO in Trust.
Mrs. Henderson denied that she had
disposed by gift of large portion of
her estate or that it had become dis
slpated. She admitted making gifts of
small portions Of her property, which
she claimed she had the right to do.
she argued she executed an irrevocable
trust in 1923 and placed securities
worth $675,000 in trust, the income to
be paid to Mrs. Wholean after the death
OF Mrs. Henderson. In addition she
gave Mrs. Wholean $500, 900 in securi-
ties and also other gifts, she declared.
Mrs. Wholean and her husband, ac-
cording to Mrs. HenderSons answer,
sought to persuade her to convey to
them her property at Bar Harbor, Me,
and during 1929 took possession Of the
Summer home to the exclusion Of the
owner and caused her to procure other
quarters at York Harbor Mrs. Hender-
son said she then sold the land since
she could not have the use of it. She
disposed of other properties that were
unproductive. Mrs. Henderson stated,
and will make proper accounting if
required.