The Phoenix index., 1940-10-26
Court Asked To UntangIe Racial Snan In
10000 Will Case
Aged Woman
.Civess1O>O
TO Her Maid
BY LAWRENCE F. LAMAR

10y LA w AtIIlNSL 1N1INhn
LOS ANGELES, Calf .-(NPB)-
Over the weekend Los Angeles ci-
tizenry sat with eyes open, aware
that something in the nature of
the unusual was taking place in its
law courts. In Department 2, of the
superior court, attorneys appeared
with document packed brief cases
to begin arguments on various de-
positions which are calculated to
have important bearing or a
multi contest over the will OF
the late Abigail Stark, who died
November Is, 1899, thirteen days
after making a will leaving $4,000
to her colored maid, and $1,000 to
a scolored porter who had served
her. 4
Also, named as beneficiaries I'm
der the will were Sam B. Smith,
Edward Inch, A.. j. Clark, Jane
Green and her physician, DR..
Roland Cummings, all white. None
of those named in the will were re-
lated to the deceased. The estate
involved under the will to give,
demise and bequeath,' is believed
to amount to the sum of 100000.
AS a result of it's size, 10 white
contestants not named, have ask
ed that execution of the will be
withheld, and that they be named
as beneficiaries since they are re-
lativeS Of the deceased. -
ATTACK. HER MARRIAGE
DR.. Cummings, white, who is the
largest beneficiary under the will
Immediately retained the law firm
of Dockweiler and Dockweiler
prominent attorneys, to resist the
claim of the "heirs," on the
ground that the mother of the de-
ceased, Abigail Stark, was = Ne
gro blood and could not. have been
legally married to her father un-
der the misc egenation laws of
California, which would leave the
issue of such a marriage an ille-
climate child.
Attorneys Hugh and Colbert
Macbeth, representing the inter-
est of Charley Williams, SO, nam
ed in the will to receive $1,000, told
reporters that the mother of de-
cendant Abigail Stark, was the
second wife of the late cattleman
Robert e. Stark, and that the
marriage took place subsequent to
the passage Of the States misce-
genation laws in 1854, therefore in
view of the fact that she was of
Negro blood, no marriage in fact
was consunanated That left the
child who was the late Abigail
Stark, an illegitimate child.
Attorney Macbeth further point
ed out that the. 10 white con-
teStantss could not claim any rela-
tionship to the late deceased, be-
cause they were ali merely the de-
scendantS of the late Robert E
Stark and his first wife. 1t is upon
this ground that DR.. Cummings
through his Attorney Isadore B.
Dockweiler, seeks to prevent the
1e white contestants from sharing
in the benefits of the will.
SEEK RELATIVES
Meanwhile the Eolored lawyers
in the case are seeking any colorec
relatives of the late defendant Abb.
gail Stark, who lived for SO year.
at 723 South Flower street, which
has since grown into the heart O.
the downtown business district
The father of Katherine Stark
mother of the late Abigail, wa
named George Lanity.
The text Of the codicle reads
"A-Sam B. Smith, 723 Soutf
Flower the sum of $2,5O0; B.
Charlie Williams (Colored, Y;
South Flower, $1,000; C-To m,
friend, Daisy Carter of 20 year,
(Colored0 $4,000; D-Friend Ed
ward Inch, $4,000; Friend A
}. Clark, $4,000; Friend Jan,
Green, my real property at 1884,
Glendale Blvd, lot No. 26O of