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Ferris Administrator of the Estate of JS, Hancock Co., IL, Probate Court, 1848–1852
During Joseph W. Coolidge’s administration of the JS estate, Babbitt filed a claim on behalf of the Lawrence children that was allowed by the court for $4,033.87. (Docket Entry, Allowed Claim from Almon Babbitt, 6 May 1845 [Coolidge Administrator of the Estate of JS]; Affidavit, 8 Aug. 1848 [Ferris Administrator of the Estate of JS].)
See Introduction to Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS; George Miller and Newel K. Whitney, Certificate of Election, 24 Jan. 1846, Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 2, p. 144, microfilm 954,776, U.S. and Canada Record Collection, FHL.
U.S. and Canada Record Collection. FHL.
Coolidge left the state of Illinois with the body of Latter-day Saints in 1846 and was residing in Council Bluffs, Pottawattamie Co., Iowa, at the time of Ferris’s appointment. When next of kin or creditors were unavailable or unwilling to administer an estate, the state could appoint a public administrator in each county. Ferris evidently was a public administrator for Hancock County. (See Introduction to Coolidge Administrator of the Estate of JS; Docket Entry, Administration Papers, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; and “Wills,” Revised Statutes of the State of Illinois, pp. 541, 547–548, secs. 21, 55–58.)
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
“The Memoirs of President Joseph Smith,” Saints’ Herald, 29 Jan. 1935, 145.
Saints’ Herald. Independence, MO. 1860–.
Emma Smith Bidamon, Nauvoo, IL, to Lewis Bidamon, [Sacramento, CA], 7 Jan. 1850, CCLA.
Bidamon, Emma Smith. Materials, 1842–1871. CCLA.
The notice was apparently published in four consecutive issues of the Hancock Patriot newspaper between 12 August and 2 September 1848; however, these issues are apparently not extant. Ferris filed proof of the notice of publication on 17 April 1849. (See “Wills,” Revised Statutes of the State of Illinois, p. 558, sec. 103; Certification, ca. 2 Sept. 1848 [Ferris Administrator of the Estate of JS]; and Docket Entry, Notice of Publication, 17 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].)
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
Edward Holbrook of the firm Holbrook & Ferme presented two 1 September 1837 notes for $269.81 and $287.05 that the court allowed for $875.14. Attorney Nehemiah Bushnell on behalf of the firm Halsted, Haines & Co. submitted two 1 September 1837 notes that the court allowed for $7,349.10. An 1839 judgment rendered in the Geauga County, Ohio, court of common pleas in favor of Halsted, Haines & Co. was allowed for $2,354.59. (See Introduction to Halsted, Haines & Co. v. O. Granger et al.; Introduction to United States v. Haws et al.; Promissory Note to Holbrook & Ferme, 1 Sept. 1837–A; Promissory Note to Holbrook & Ferme, 1 Sept. 1837–C; Docket Entry, Allowed Claim from Edward Holbrook, 16 Sept. 1848 [Ferris Administrator of the Estate of JS]; Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–B; Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–C; Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 Sept. 1848 [Ferris Administrator of the Estate of JS]; Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 Nov. 1848 [Ferris Administrator of the Estate of JS].)
Edmunds served as master in chancery for the United States Circuit Court of the District of Illinois and solicitor for the Smith family and for Ferris in United States v. Joseph Smith III et al. (See “Wills,” Revised Statutes of the State of Illinois, pp. 560–562, secs. 114–115, 124; Docket Entry, Claim Withdrawn, 5 Feb. 1849 [Ferris Administrator of the Estate of JS]; Notice, 6 Feb. 1849 [Ferris Administrator of the Estate of JS].)
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
“Wills,” Revised Statutes of the State of Illinois, p. 560, sec. 114.
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
Notice, 6 Feb. 1849 [Ferris Administrator of the Estate of JS]; Docket Entry, Allowed Claims from Phineas Kimball, 3 Apr. 1849; Fee Bill, 3 Apr. 1489 [Coolidge Administrator of the Estate of JS, Assignee of Buckwalter v. William Law]; Fee Bill, 3 Apr. 1849 [Coolidge Administrator of the Estate of JS v. Heirs of JS]; see also Introduction to Coolidge Administrator of the Estate of JS.
Before submitting his claim against the estate, Green filed suit against Ferris in March 1849. The court ruled the case nonsuit. (Declaration, ca. 25 Mar. 1849 [Green v. Ferris Administrator of the Estate of JS]; Docket Entry, Demurrer Overruled and Nonsuit, 19 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS].)
In December 1850, Ferris stated the petition was “still pending undetermined” in the probate court. (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 625, 673–674.)
Ferris later recalled that the total allowed claims against the estate amounted to about thirty thousand dollars. (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], p. 624.)
See Introduction to Coolidge Administrator of the Estate of JS; and Introduction to Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS. First-class claims encompassed all funeral and “last sickness” expenses, while second-class claims included estate administrator expenses and “the physician’s bill in the last illness of the deceased.” Third-class demands involved administrator or guardianship monies to be paid from the estate; fourth-class claims were all other debts “without regard to quality or dignity.” (“Wills,” Revised Statutes of the State of Illinois, pp. 561, 562, secs. 115, 122.
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
The petition, which likely contained a list of properties described in the inventory, is apparently not extant. (Inventory, 26 Dec. 1848 [Ferris Administrator of the Estate of JS].)
State statute granted courts the right to appoint a guardian ad litem to represent infant defendants in matters in chancery. Sibley was a defendant in United States v. Joseph Smith III et al. (Docket Entry, Appointment of Guardian ad Litem, 19 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS]; “Chancery,” Revised Statutes of the State of Illinois, p. 93, sec. 4; p. 99, sec. 47.)
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
The amended petition is apparently not extant. (Docket Entry, Demurrer, 21 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Amended Petition, 24 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.].)
The amended bill of complaint is apparently not extant. (Docket Entry, Demurrer Sustained and Leave to Amend, 22 Sept. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].)
Docket Entry, Demurrer, 19 Apr. 1850 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Continuance, 26 Apr. 1850 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Continuance, 13 Oct. 1851 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Continuance, 12 Mar. 1852 [Ferris Adminisrator of the Estate of JS v. Heirs of JS].
“Wills,” Revised Statutes of the State of Illinois, p. 558, secs. 101–102; Plea, ca. 16 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS]; Letters of Administration, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; Oath, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; and Bond, 8 Aug. 1848 [Ferris Administrator of the Estate of JS].
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.]; Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.]; Hiram Kimball for Phineas Kimball to Edmunds, Warren, and Skinner, Agreement, 26 Apr. 1849, Hiram Kimball, Collection, CHL.
Kimball, Hiram. Collection, 1830–1910. CHL.
See Historical Introduction to Mortgage to Mead, Stafford & Co., 11 July 1837; Letter to Oliver Granger, 4 May 1841; Letter, Joseph Smith III to John H. Hansen, 19 May 1875; Letter, Joseph Smith III to Israel A. Smith, 31 Mar. 1910, Miscellaneous Letters and Papers, CCLA; and “The Memoirs of President Joseph Smith,” Saints’ Herald, 19 Mar. 1845, 368.
Miscellaneous Letters and Papers, 1860–1968. CCLA.
Saints’ Herald. Independence, MO. 1860–.
Probate courts by law could render judgments, issue executions, or give final process for any filed claims or suits brought against administrators. (“Wills,” Revised Statutes of the State of Illinois, p. 561, sec. 117.)
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
Hiram Kimball for Phineas Kimball to Edmunds, Warren, and Skinner, Agreement, 26 Apr. 1849, Hiram Kimball, Collection, CHL.
Kimball, Hiram. Collection, 1830–1910. CHL.
For a description of the filed exhibits, see Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.]; and documents calendar for Kimball v. L. C. Bidamon et al.
Emma Bidamon, Elisha Dixon, Julia Dixon, Lorin Walker, and John M. Ferris were served by summons while Lewis Bidamon, Alanson Ripley, William Clayton, and Joseph W. Coolidge were served by publication. Although the printed notice has not been located, Kimball by his solicitor filed his notice of publication with the court on 17 September 1849. (Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.].)
Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.]; “Wills,” Revised Statutes of the State of Illinois, p. 544, sec. 39.
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
Docket Entry, Answer, 26 Apr. 1850 [Kimball v. L. C. Bidamon et al.]; see also Hancock Co., IL, Circuit Court, Chancery Court Records, 1838–1924, vol. D, p. 265, microfilm 955,134, U.S. and Canada Record Collection, FHL.
U.S. and Canada Record Collection. FHL.
Morrill became the official guardian of JS and Emma Smith’s sons on 5 August 1851. (Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.]; Hancock Co., IL, Probate Journals, 1839–1923, Probate Journal, 1850–1855, vol. 3, p. 102, 5 Aug. 1851, microfilm 927,936, U.S. and Canada Record Collection, FHL; Hancock Co., IL, Probate Records, 1831–1912, Administrator, Executor, and Guardian Bonds, 1849–1865, vol. 1, pp. 60–61, microfilm 947,481, item 1, U.S. and Canada Record Collection, FHL.)
U.S. and Canada Record Collection. FHL.
The properties submitted as exhibits in the Kimball case were some of those listed in Williams’s complaint for the United States’ case. Williams filed a release of the defense of the United States on 9 Mar. 1852. (Docket Entry, Motion, 24 Sept. 1850 [Kimball v. L. C. Bidamon et al.]; Docket Entry, Withdrawal of Exhibits, 9 June 1851 [Kimball v. L. C. Bidamon et al.]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 486–506; Docket Entry, Motion, 3 Mar. 1852 [Kimball v. L. C. Bidamon et al.].)
Gregg, History of Hancock County, Illinois, 240; Docket Entry, Continuance, 18 Oct. 1851 [Kimball v. L. C. Bidamon et al.]; Docket Entry, Motion, 3 Mar. 1852 [Kimball v. L. C. Bidamon et al.]; see also Hancock Co., IL, Circuit Court, Chancery Court Records, 1838–1924, vol. D, p. 425, microfilm 955,134, U.S. and Canada Record Collection, FHL.
Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.
U.S. and Canada Record Collection. FHL.
Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.]; see also Bond, Erie Rhodes to Robert D. Foster, 4 Mar. 1841; Deed, Robert B. and Mercy Thompson to Frederick Smith, 24 July 1841; Deed, Robert B. and Mercy Fielding Thompson to Joseph Smith III, 24 July 1841; Deed to Julia M. Smith and Others, 17 Mar. 1842; and Deed to Emma Smith and Others, 12 July 1843.
Illinois law granted courts the right to appoint a special commissioner when a decree made in a suit in equity directing the execution of a deed was not attended to within six months. (Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.]; “Chancery,” Revised Statutes of the State of Illinois, p. 98, sec. 43; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.].)
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
Edmunds also served as solicitor for Emma Smith Bidamon and her children in United States v. Joseph Smith III et al. (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], p. 523.)
The public sale included properties correlating to withdrawn exhibits A, I, and M that formerly belonged to Erie Rhodes, Emma Smith, and the Smith children. (Deed, 5 June 1852 [Kimball v. L. C. Bidamon et al.]; Hugh Rhodes administrator of Erie Rhodes to William Clayton, Deed, Hancock Co., IL, 12 Oct. 1843, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 83–85, microfilm 954,600, U.S. and Canada Record Collection, FHL; Deed to Julia M. Smith and Others, 17 March 1842; Deed to Emma Smith and Others, 12 July 1843).
U.S. and Canada Record Collection. FHL.
The 1789 statute establishing the federal judiciary stated that all federal circuit courts operated as both courts of law and courts of equity or chancery and had original jurisdiction for all civil suits where the United States was plaintiff and the damages totaled $500 or more. The rules governing legal process for federal chancery cases at the time of this suit were established in March 1842 by the United States Supreme Court. (An Act to Establish the Judicial Courts of the United States [1789], Public Statutes at Large, 1st Cong., 1st Sess., chap. 20, pp. 78–79; “Rules of Practice in suits in Equity in the Circuit Courts,” in Howard, Reports of Cases Argued and Adjudged,, 1:xli–lxx.) The defendants in this case are named in Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.].
The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.
Howard / Howard, Benjamin C. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 25 vols. Various publishers. 1843–1860.
Justin Butterfield, Williams’s predecessor as United States district attorney for the state of Illinois, had reviewed JS’s mid-April 1842 petition for bankruptcy and stated that JS’s sale of property to his wife and children after submitting his application for bankruptcy was a fraudulent conveyance. Williams likewise deemed these property conveyances questionable in his bill of complaint. (Introduction to Joseph Smith’s Bankruptcy.)
See John and Sarah Cleveland to Emma Smith, Deed, 29 Sept. 1841, Adams Co., IL, Deeds, 1825–1886, vol. R, pp. 419–420, microfilm 967,542, U.S. and Canada Record Collection, FHL; Deed to Julia M. Smith and Others, 17 Mar. 1842; Deed to Emma Smith and Others, 12 July 1843; Hugh White to Alanson Ripley, Bond, 30 Apr. 1839, Bonds and Mortgages, 1840–1848, vol. 1, pp. 31–32, microfilm 954,776; Hugh White to Robert B. Thompson, Deed, 14 July 1841, Hancock Co., IL, Deed Records, 1817–1917, vol. I, p. 358, microfilm 954,598; Robert B. Thompson to Emma Smith, Deed, 24 July 1841, Hancock Co., IL, Deed Records, vol. I, p. 354, microfilm 954,598, U.S. and Canada Record Collection, FHL; Deed, 1 July 1845 [Coolidge Administrator of the Estate of JS]; Deed, 4–5 July 1845 [Coolidge Administrator of the Estate of JS]; and Introduction to Clayton v. E. W. Rhodes et al.
U.S. and Canada Record Collection. FHL.
“U.S. District Judge for Illinois,” Illinois Daily Journal (Springfield, IL), 7 Feb. 1850, [2].
Illinois Daily Journal. Springfield, IL. 1848–1855.
According to Illinois statute, claims were to be paid in the order of their assigned classes. Ferris’s executor claims, which were class two and three, superseded the class-four claim of the United States. (“Wills,” Revised Statutes of the State of Illinois, p. 561, sec. 116.)
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
The rules governing federal chancery court procedures required courts to appoint either a standing master in chancery for the court or special masters for specific cases. These masters were ordered by the court to review estate accounts to determine what debts remained outstanding and what property was available. They had the power to review evidence, conduct hearings, and interview witnesses as part of their investigations. (“Rules of Practice,” in Howard, Reports of Cases Argued and Adjudged,, 1:lxiv–lxviii.)
Howard / Howard, Benjamin C. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 25 vols. Various publishers. 1843–1860.
See Deed from Stephen and Hannah Hogaboom Markham, 15 Mar. 1842; Deed from Knowlton Hanks, 24 Sept. 1842; Deed from Joshua Moore, 24 July 1843; Deed from Isaac and Lucy Gunn Morley, 27 July 1843; Deed from James and Harriet Denton Adams, 29 May 1843; and Deed from William A. and Dolly Eaton Wightman, 8 Dec. 1841.
Williams apparently ignored Illinois law in force during JS’s lifetime that allowed for church trustees to hold up to forty-five acres of property as well as an 1845 state law that specifically granted ex post facto legal status to all of JS’s transactions as trustee that were “made for a valuable consideration in good faith and without fraud.” (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 619–622; “Corporations” [3 Mar. 1845], Revised Statutes of the State of Illinois, p. 120, sec. 44; An Act to Amend “An Act in relation to Religious Societies” [2 Mar. 1839], Laws of the State of Illinois [1838–1839], p. 267, secs. 1–2; An Act concerning Religious Societies [6 Feb. 1835], Laws of the State of Illinois [1834–1835], pp. 147–149; An Act to Legalize the Sale of Property made by Joseph Smith [28 Feb. 1845], Laws of the State of Illinois [1844–1845], p. 134.)
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
Laws of the State of Illinois, Passed by the Eleventh General Assembly at Their Session Began and Held at Vandalia, on the Third of December, One Thousand Eight Hundred and Thirty-Eight. Vandalia, IL: William Walters, 1839.
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
Laws of the State of Illinois, Passed by the Fourteenth General Assembly, at Their Regular Session, Began and Held at Springfield, December 2nd, 1844. Springfield, IL: Walters and Weber, 1845.
“Court Calendar,” Daily Illinois State Journal, 28 Aug. 1855, [2]; An Act to Change the Times of Holding the United States Courts in the Southern District of Illinois [23 Apr. 1856], Statutes at Large and Treaties of the United States of America, chap. 18, p. 4, sec. 2; U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 718, Records of District Courts of the United States, Record Group 21, National Archives at Chicago.
Daily Illinois State Journal. Springfield, IL. 1855–1859.
The Statutes at Large and Treaties of the United States of America. From December 3, 1855, to March 3, 1859. . . . Edited by George Minot and George P. Sanger. Vol. 11. Boston: Little, Brown, 1859.
Records of District Courts of the United States, Record Group 21, National Archives at Chicago
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