Rose did not have a will when she drowned off the Port of Cape Fear
near Wilmington, North Carolina. In a deposition given after her death
a Lawyer named A.M.Waddell
came forth and testified that that Rose had given him a will during her
return voyage on the Condor from Europe. He testified that when the
lifeboat capsized he had the will in his jacket pocket.
As the boat overturned one of the members on board grabbed for
something to cling to and caught his pocket, ripping it and the
enclosed will from his person. The court ruled that without being able
to produce the will that Rose died intestate and her belongings were
sold at public auction.