The Phoenix index., 1939-12-09
Dover
80. il %
Petition
Filed
Step-Daughter
And Step-Grand-
Daughter Oppose

(SNS) = Mrs. Daisy Ellis
worth. and her daughter.
Mrs. Gladys Lloyd, in peti-
tion filed in District Court
here Saturday to dismiss the
suit of Mrs. Lavinia G.
Holmes, widow of Ottoway
Holmes, reputed millionaire
and operator of the excursion
steamer, E. Madison Hall
whose estate has repeatedly
dwindled to a mere trifle of
100000.
Mrs. Holmes is suing for as
signment of lower. Her STEP
daughter and step-granddaughter
through Elwooa G.. Hubert, their
attorney, take the position that
her complaint is a mere petition
for specific performance of an un-
written postnuptial contract.
Mr.. Hubert advances three
grounds as the basis of his mo-
tion to dismiss the suit.
NOT NECESSARY
The first Is that assignment OF
-dewer' in marriage which lasted
for twenty years is not necessary
under the District code and that
if it is required it should be set
aside by. the court at the time of
the accounting of the National
Bank of Washington, the execu-
tor Of the estate.
His second is that the oral gift
Of their home to her as a we'd
ding present violates the statute
of frauds, which requires gifts OF
real estate to be made in writ
ing. ~
His third is that her suit is
barred by the statute of limita-
tions because of the period of
time which has elapsed since her
right of action arose.
At the time, of his death, Mr..
Holmes left real estate valued at
SLOT ,615, subject to a blanket deed
CT trust. of $4,000 securing an in
debtedness of about $42,500. He
also left personal property valued
at $4,000. ....
SAYS HE'S REAL OWNER
In her suit, Mrs. Holmes claims
she is the real owner Of property
at 811 Twenty-first Street. North
west, of which he was the record
owner. She and Mr.. Holmes were
married ir the house at that ad-
dress on August Is, 1914.
In the presence of about two or
three dozen persons at the mar
riage, Mrs. Homes alleged that
her husband proclaimed he was
making her a wedding gift of
the property.
When the will Of Mr.. Holmes
was filed for probate. Mrs.
Holmes says she renounced TAX
ing what the will gave her and
elected to take what the law gave
her. She claims she should re-
,eive about $4,000 when the es-
tate is settled.
The property which Mrs. Holmes
claims was given her as a we'd
ding present by her husband was
bequeathed by him to his grand
daughter
At the time she married Mr..
Holmes, his widow claims she
owned a profitable grocery busi-
ness and several parcels of real
estate. She AYERS she sold the
business, real estate, term inSur-
ance and Government bonds
amounting to more than $4,000
and gave the proceeds to him. He
never paid her back, she asserts.
In the settlement of Mr Holmes
estate 19 parcels of his real estate
have been, sold The property de-
vised to. Mrs. Holmes has a, deed
OF CruSG OF $4,UOO on IL. ltS as
sessed value Is '$9,925. The esti-
mated value of the estate at this
time is $2s, ,754.37.
Mrs. Holmes says she is SEN
tiinentally attached to the prop
erty her husband gave her as
wedding present and where he
and she spent their married lives.
She states she is willing to ac-
cept this property with the per-
sonal property in it, free and
clear of all encumbrances. in full
satisfaction of her dover rights.
Mr.. Holmes died September "a,
1884. For a long number of years
he operated the steamer E. Madi-
son Hall, an excursion boat, on
the Potomac River.