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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 530   View pdf image (33K)
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530 HELMS v. FRANCISCUS.—2 BLAND.

born on the 27th of August, 1807, after her marriage with Bauer;
this sister of the testator never had any other children; and that
Anna G. Bauer was, on the 23rd of November, 1826, married to,
and is now the wife of Diederich Meier.

It farther appears, that the other sister of the testator, one of
these plaintiffs, Anna Gebetha Margaretta Newhaus, was born in
Germany, and christened there on the 17th of February, 1775;
that some time before the year 1800, she had an illegitimate child
named Frederick A. Wandelohr, who is now living; that prior to
the year 1815, she and her child came over from Germany to Mary-
land: and some time previous to the year 1816, having put off the
name of Newhaus, she went to reside in Chambersburg, in Penn-
sylvania; and there kept a small store; and was much respected
by the name of Mrs. Waudelohr. At that place, on the 12th of
October, 1819, in the forty-fourth year of her age, she was married
to this defendant Lewis Helms. In the latter end of the month of
November following, Helms and his wife came to Baltimore; and
in a few days after their arrival, lie caused a power of attorney, and
a last will to be prepared by a notary public, intending them to be
executed by his wife, for the purpose, as he supposed, of effectually
conveying to him all her interest in the estate of the late Carsten
Newhaus. She positively refused to sign and execute those instru-
ments; and was much distressed at *her husband's propos-
557 ing that she should do so. Soon after this, she returned to
Chambersburg; and he remained in Baltimore. He has produced
in evidence, some of her letters to him, all of which, do credit to
her understanding; and the first of them dated on the 18th, 21st,
and 29th of December, 1819, are expressive of a warm affection
for him; except, that shortly before the date of the last, it seems
as if he had written to her something calculated to vex and dis-
tress her. In the same winter, or in the ensuing spring of 1820,
she returned to Baltimore, and there had a meeting with her hus-
band, and after a most boisterous quarrel, they parted, and have
met no more. Letters and messages have since passed between
them; but they have never since cohabited; nor even interchanged
the common civilities of life.

The causes of this angry separation, would seem to have been
her having, by a perusal of his family papers as he called them,
obtained a knowledge of his really vicious, sordid character, as
disclosed by those papers; and his pressing efforts to get possession
of her fortune, which, with his character, as developed to her by
his papers, had produced a conviction on her mind, that he had
married her only for the sake of her money; and her representing
herself to him as being, previous to their marriage, a widow, when
the fact was not so. These causes of animosity have since, from
time to time, been re-kindled, and more and more heated, until a
state of settled dislike has been produced, which, as was admitted

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 530   View pdf image (33K)
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