Page:The Green Bag (1889–1914), Volume 18.pdf/113

 THE GREEN BAG old letters, then put in her hands by Davis, died in 1837. His widow married General her parentage was first discovered. This Edward Gaines, in 1839. He died in 1847. correspondence included a letter written Children were born of both marriages. She years before to Davis by an old-time friend was not married again. of Clark, then residing in Cuba, in which Her first direct action against the city the writer asserted that Clark had left a of New Orleans was commenced in 1836. will, executed just before his death, by Other suits were instituted against indi which he acknowledged Myra to be his legit viduals who had obtained property from imate daughter, and made her his sole de Clark's executors. Appeals in many, if visee, saving an annuity to his mother. not all of these actions were carried to From the hour of that discovery until her the. Supreme Court of Louisiana, and the eyes closed in death, Myra strove, without United States Supreme Court. shadow of turning, for the vindication of Down to the year 1855, nothing sub her legal rights. She and her husband stantial had been accomplished, but rul speedily visited the Cuban correspondent; ings or intimations of the Supreme Court upon further information which he im of the United States had given a degree of parted, they went to New Orleans, begin encouragement. In that year, prompted, ning instant investigations. Presently the perhaps, by these rulings, Mrs. Gaines filed friction landed Whitney in jail. More a petition in the Probate Court of New rational and systematic tactics were then Orleans praying leave to make oral proof adopted; her husband was released from of- the last will of her father made in 1813, prison, and a contest initiated, which, just before his death, but which had been like the family altar fires of the ancients, suppressed and destroyed. Seasonably this proof was formally made, and a decree outlasted her four-score years. In September, 1834, a tract of 115 acres, entered establishing the will last made, owned by Clark at his death, was sold to declaring that of 1811 null and void. On the city of New Orleans by the man to appeal to the Supreme Court of Louisiana, whom it had been conveyed by Clark's that decree was affirmed, and in December. executors. The city bought the tract in 1856, formally entered in the Court of Pro order to control the location of streets, bate. In the next succeeding appeal — the and to subserve other public improvements. In June, 1834, Myra, with her husband, sixth — to the Supreme Court of the W. W. Whitney, made her first formal ap United States, in the course of this litiga pearance in the courts. This was twenty- tion, in the year 1860, when threatenings one years after her father's death. She then of the Civil War were growing louder and filed a petition in a case then depending in more loud, Mrs. Gaines achieved a momen the Probate Court of New Orleans, insti tous success. This was the case of Gaines tuted by a creditor against Clark's exec v. Hennen, 24 How. 554. The opinion, utors for not accounting and settling up delivered by Mr. Justice Wayne, closed his estate. In this intervening petition, with these words: Myra alleged herself to be the child and "When hereafter some distinguished heir of Daniel Clark, praying that the will American lawyer shall retire from his prac of 1811 be annulled and set aside, and the tice to write the history of the jurispru executors be required to surrender to her dence of his country, this case will be reg possession of the estate. These executors istered as one of the most remarkable in were cited to answer the petition, but it the annals of its courts." Again, in 1867, that august tribunal, in was looked upon as a visionary claim, and created no public impression. Whitney the seventh of these successive appeals.