Delaware County, NY Genealogy and History Site
Court Proceedings of Henry DemeltCopies were made at the Delaware County Court House and on file there.
I have transcribed this from original copies with a lot of very light and illegible hand writing. I have put in periods and question marks so that it is easier to read. Where there are ___ this is where I am unable to make out the words or lines. I am not sure all the pages are here. --Lori O'Dea, January 3, 2005
1 PACKET
Delaware County Court
In the matter of the appointment of committee of the (persons?) of Henry Demelt a supposed lunatic. Feb 25, 1890 a _____________ _________ appearance L T Raymond Atty for Ptrs F Sanderson of Counsel Atty for Henry Demelt. H B Sewell of counsel C H ______ Jury called and __________ to ______ . Case ______ by Hon. F. Sanderson of Counsel for petitioners. Chauncey Demelt called & sworn by petitioners, reside in Richfield, NY am a son of _______ H. D. is 82 do not know when his birthday. Caroline Freer resides in Walton, Delia Gann, Ann Eliza Gafferty, Georgian Whitbeck . Mary Haight am next to oldest, Ellen Harper, Marshall Demelt, Wallace Demelt children of Henry Demelt, am a child of first wife. Also Caroline, Delia & Ann Eliza . _____ _____ ______ _______ 6 or 7 years ago have not _______ ________ _______ since have been here 2 or 3 times. _______ _____was here when my stepmother died. Have been here since 3 or 4 times. I am acquainted with my fathers property. He has a farm of 100 acres in town of Franklin on Walton Road valued at 2500. _____ value $150 per ____ {a claims against Whitbeck a mortgage of $500.00} this in bracket was crossed out and a claim of $512 and interest. Contract for house that which he sold Brown, has been no deed sold or a contract. Do you know how much is due on said contract? I do not know. He sold the place for $600. {I do not know how much} this in bracket was crossed out It was at Ganns house that I saw contract. I have not seen contr since drawn. Paid $80 the day contr was drawn. Paid Sewell since then $27 rent 5 or 6 weeks ago. I told Brown 5 or weeks ago I should want it when due. I heard father say __________ _________ __________. I did not tell him how much was due. How much in your judgement is due on said contract. Objected to improper & calling for a conclusion is not the first evidence loss of contract has not been established that contract is in existence & that petitioners have made no effort to produce it. Objection recorded Respondent except. Must be some $490. I do not know of any other payments. He has a deed of the farm occupied by John Harper near West Brook. And on the agreement did yourself & Wallace have full power to sell the property, collect the rents & profits. Objected it as improper as pooring the contents of a written instrument by parole is incompentent & illegal.
Objection overruled Respondents Except It did not
Were you required by contract to obtain it. Demelts consent before you. Could obtain the rents & profits. Objects same as before & further calling for a conclusion of the witness. Objection overruled Respondents Except It was so talked but I do not know whether it was put in the contract & do not the body of the contract. Was it stated in the written agreement that you were to furnish H. B. Sewell money to carry on suits __ your father & others, then pending objected to as improper as pooring the contents of a written agreement by parole evidence & as calling for a conclusion or witness & that there is no proof of the loss of the original instrument. Objection overruled Respondents except
I do not remember any such agreement. My father had given me as power of atty near 18 of Oct 1889 previous to the lost power. HB Sewell also held this power.
Drawn at Marshall Demelts. Pltt ex no. 2 or B marked for identification, the power of Atty has been revoked by the one of Dec 13 have had ______ this power of atty except the _____ ______ state, father said he gave Marshall one in regard to the foreclosure of a mortgage. I am acting under the power of atty of Dec 13, 1890. I was present {before} this in brackets was crossed out when it was executed before Mr. Sewell. Petitioner offer the power of atty of 18 Oct 1889 & marked Ex 2 or B. Objected to by respdts, as improper testimonial that the evidence now shows that the said power of atty has been revoked & is not positive evidence in the case. Objection overruled respdts except
Power of atty rec'd in evidence. Have no other papers executed by my father in my possession that I recollect. Them papers are in the possession of H B Sewell. Since the power of atty were executed has your father, executed a last will & testament.
Objected to improper testimonial & irrelevant & is no evidence shows insanity & illegal. Objected overruled Respondents except Father mentions he has, I have heard it so talked. Adjourned until 1 P.M.
I can not say whether it was by my direction that the papers were recorded am not the owner of any real estate, or own one cow. How many sheep have you? Objected to as improper _______ & irrelavent. Objection overruled Respondents except. Have 13 sheep. I have 18 cows. As my son I have 18 two year cows, at least they were when I came away. I do not know whether they are now or not. All my property may amount to $1000.00. Is there a judgement of $150 held by H C Johnson formerly of Franklin NY against you.
Objected to as immaterial & irrelevant & no evidence to show that Henry Demelt is a lunatic. Objection overruled Respondents except I do not know it. I do not know as he sued me before S L Slade Justice of Franklin NY. I do not know as there are any other judgements in Del Co against me.
Cross ex. by Respdts atty
The agreement was made Marshall Demelt the ptr. and at his home & in the presence of Wallace Demelt & was acquired is by both parties was read over. No objection was offered the mort agst Whitbeck ____was there delivered to H B Sewell.
What direction did he give me in relation to that mortgage? Objected to as immaterial & improper. Objection overruled He told Mr Sewell to take the mortgage & see if he could compromise, make out a new mort. & let them pay for it. ie the land. He has a deed all he has in court. Amend under the direction of H. B. Sewell to the parties who hold the mort. He asked the parties to take the deed & pay Demelt. Do not know whether it is due, the interest for that has not been paid. Whose duty is it to pay interest on mort.? Henry Demelt gave a copy of _______between Henry Demelt, Freer, Haight, under the contract it was the duty of Mary Haight _____ for Henry Demelt. Has she been called upon to perform services for him under conditions of the court? Objection as immaterial withdrawn All I know is what father said. He told me he had sent for her 2 or 3 times & that she had paid no attention to it. He told me I have collected $27. I gave Sewell 7 gave father 10 paid Mrs Gann $10 for board. Gann a foreclosure has been cross examed on Whitbeck mort. Have heard record the answer of Whitbeck mortgage to Wallace Whitbeck & Henry Demelt marked Ex 3 or C for identification.
H Sewell on the complaint of the Supreme Court. Henry Demelt vs Warren Whitbeck et al marked Ex 4 of D for identification also _____ to same marked Ex 5 or E for identification.
Re, direct by Raymond atty for Petitioner
I do not remember the conversation what did he say she was to do. - She has to care for him what did your father ask when was this agreement to go into effect. Objected as immaterial & improper & is an attempt to prove the date of a written instrument or questions withdrawn.
My claim agst the estate of H Demelt does not exceed $60 $6. I know the handwriting of H Sewell. Ex marked ex 6 or F for identification.
J T Grant sworn Ex no 6 is my handwriting & was executed by the parties thereto . Upon what date was the ex. drawn objected to improper & given one proof of a written instrument.
Objection overruled Respondents except
12th Oct 1889 as my recollection is Mrs Haight & Demelt were present & I saw them sign. I do not recollect who else were present. A lease of Henry Demelt to Mary Haight offered & rec'd in evidence.
Dr G A Darci sworn I reside in Sidney Centre as a MD have practiced since 1874. Have practiced in Unadilla & am acquainted with Henry Demelt. I saw him the 3 day of Dec at Mr Ganns at night. {Witness telling} this in brackets crossed out. Sometimes saw him at Marshalls.
Mary Haight sworn I reside in Hancock NY am a daughter of Henry Demelt. The agreement was as I have heard it read. He has not called upon me to support him. I have not entered into any agreement to cancel this. He acted like a boy he was lying on the bed & kicked up his heels & said Mary we will take some comfort not yet. One thing he called me he put his arm about my neck & said Mary I have sold that place it was not my will it was to satisfy defrayed nature. He said your cold hands how they strike me , got ____ them if you wish to get me out of trouble. {Did you rec a letter} this in brackets crossed out He told me he had willed me $800 he said I have willed you $800 but 9 _________ wish you to have but $400. Chauncey brought be a card & edged me to write to Marshall that father was not capable of doing no business. My father wished me to take his mortgages & keep them, he wanted me to do his business, the next day after he said to Mr Gann will you take the place? Saw father at that time 2 after that once at sisters.
Postal card directed to Mrs Enoch Haight marked Ex 7 or G for identification
I think it was in my sisters handwriting. I asked my father what the matter was. He appeared in trouble, he was on the bed after he went to sleep, he woke he said all he had would not keep him there a year. He wanted me to attend to his business. His acts were irrational. I am not a party to the proceedings. I saw my father he _____ took to speak to him. Mrs Gann told me to let him alone. My father did not speak when I spoke to him. Ex no 8 & 9 of two letters for identification.
Looks like the writing of Delia Gann. Ex 12 for identification rec'd
Looks like Delia Gann writing. Since I have been away. I have been here 2 a year. He has always rec'd me in a friendly. What is your fathers physical & mental condition as compared to his condition over year ago? Objected to as improper & is seeking to how the years condition of the mind of H. Demelt & not such as derived from facts to which she has testified that she is in competent to give evidence.
Objection overruled Respondents except
Cross Ex by Respdts Atty
Contract of Oct 12, 87 was drawn in my presence. It was drawn by my request of my husband on request of Henry Demelt. I told him he had better not sell the place. Were you ____ ____ ___ a ___ in the ___. In the presence of myself & Mrs Gann.
Objected to immaterial Objection sustained
Why did you put that in care of the party of the first_____ _____. Invalid she should have extra compensation.
Objected to as irrelevant & immaterial as the contract is the best evidence.
Objection sustained Respondents except
Do you expect to fulfill on this contract?
Objection to as immaterial Objection sustained Respondents except
He said he wanted me to have ___ $400 under the will. I did not know the contents of the will at the time of making the contract. You did not insist on the fact of having $7 a week or $1 per day.
Objected to as improper irrelevant
Objection sustained Respondents except
Albert Bedell sworn Mrs. Haight recalled. I heard my father say he would not trust Chauncey any quicker than he would the devil. He had given Chauncey the (rest of page cut off)
Do you know that a foreclosure has been commenced on the mort.
Objected to as immaterial
Objection sustained Respondents except
{Did you make any statement that your father was} this in brackets was crossed off He told me he would bid me goodby forever. It was the first time that they were at my house. He has eat in more or less for 25 years of my married life. Have you any interest in this matter Mrs Whitbeck ans. I have not. Do you care whether Henry Demelt is made a lunatic or not?
Objected to irrelevant & calling for a conclusion
Objection sustained Respondents except
If Henry Demelt is declared a lunatic by the jury do you expect to recv any benefit from it.
Objected to irrelevant Objection overruled
Only the benefit in knowing that he will be properly cared for by responsible parties. Am wife of Marcus Whitbeck were married in 1861. I think I said to H D the mort had been lost whereas Chauncey & father were at my house the first time. Did you say it was lost that Chauncey must have stolen it ie the mort. Said it had been missing nearly a year from my father. Did you state that the mort. Was void on a/c of (losing)?
Objection to as immaterial Objection overruled
I do not recollect telling him so. I may have made such a statement. Redirect My father after looking for the mort. He gave me a receipt.
Recross The papers were in a piece of cloth sewed up.
Wm Whitbeck sworn I am a grandson of Henry Demelt. I went to see Henry Demelt on the mort. foreclosure, he said he did not order Sewell to foreclosure. He told him to make a new mort. & have them sign it as Sewell only wanted to make cost. Had not had any trouble with my father, He cried & said he would not have happened for the world he said he had nothing to do with the mort. At that time it was out of his hands.
This is off to the side:
Respdts object on the ground as improper that authorized by code what ptrs have already have had photo.
{Petitioners ask that the Commission direct the examination of the respondents Henry Demelt by Drs {McKinnons of ____ ___ & practicing Physician.
X Petition granted Respdts except
After the mort foreclosure had been be ___ said he would like to come & settle the matters up.
Cross ex by Sewell
After the foreclosure papers had been served did your father or others go upon the premise & ___ once to cut the
Objected to as irrevelant
Objection sustained Respondents except
Melvin Pomeroy sworn reside in Sidney Centre have been acquainted since he has lived here. In his action at that time he acted in a weak minded manner.
Cross ex by Sewell
Mrs Stetson sworn I reside in Sidney near Demelts have known him since he lived there. I was at his home. He was on the lounge his wife said he was not sick—he wanted to go back on his farm he said. He would get a place for him in the Village. I consider his language inconsistent. Seemed feable.
Cross Ex
Mr S Nettles sworn I have resided in Sidney all my life. Know H Demelt since last summer. Have seen him several times during the summer. He talked about his children & about a farm he had on the hill. He called 2 or 3 times. He is quite a talker, he wanted me to write & get a copy of a contract in Walton. Did not get an answer, said he had made one will but wished to make another. From his general talk & appearance I considered him incompetent.
Cross Ex by Sewell
I did not give any reason for not wishing to draw a will.
H M Cooper sworn I reside in Sidney am some acquainted with Henry Demelt. He was in his yard mowing ___ wk saw him & he was gone in mind & body. He said I had rather live with ___
Ewirn Nettles sworn reside in Sid Cr have reside here 15 years have known H D 10 or 12 years. He was here in Sep wished to sell some cow, fodder. I thought there would be 2 loads. I sent a man to draw it down. There was one respectable shock I bought two loads.
Cross ex he said there was two loads. I do not think he would be liable to squan any property.
Redirect From the objects I would characterize his actions as irrational Feb 26, 1889.
Dr Geo McKinnon sworn I reside in Sidney NY am a MD. Graduate of the University of City of NY. I have made an examination of Henry Demelt. I find him very feeble in mind & body & is very liable to be influenced due to old age.
A certified copy of an agreement between H Demelt & Chancy, Wallace Demelt.
Objection B off to the side
Offered in evidence
Objected as improper that there is no proof of the loss of the original & no effort has been made to produce the (rest cut off)
I noticed that he put salt in his tea. Cross ex I do not know what day it was it was in Oct. It as after the contract for the sale of the place. Wallace was present he said he did not care as he had property enough of his own. You made quite a disturbance about a shovel did you not.
Objected to as irrelevant
Objection sustained Respondent except
The week the agreement was made he said he wished Marshall would come up. Their relations have been friendly.
Albert Bedell I went up to Ganns some 2 or 3 weeks ago. I went on Marshall invitation. Wallace went into the old mans room & inquired why he did not get a pair of pants with the $5 I gave you? He said he wanted to find it on interest. Cross Ex by Sewell I thought he acted childish. Marshall did not pay him any money.
Re-direct by Raymond
He did not say who had taken his property away.
John Strossing sworn
I sent the papers on Henry Demelt a few days ago, he said. I will not put any attention to it. We have a man appointed already to it.
Enoch Haight sworn I am a son in law of H Demelt & the husband of Mary Haight. We were asked by a letter to come over by Caroline Freer. Letter marked Ex no 10. We went to Ganns house.
Cross ex by Sewell I stayed at Ganns 3 days or from the 10 until the 14th of Oct, 1889. I saw him next in Nov. I was there & should ½ or ¾ hours.
Mrs Ella Harper sworn I am a daughter, Henry Demelt live in Town of Walton. I did not ___ ___ to speak to him. I last saw him in Nov, I think. I was alone at Ganns. He said why does not Marshall come & was crying like a child, he cried about all the time I was there. I said Marshall will come. He said he went. He went over to get his consent to have the writings fixed. There is back $145 on the contract he said it was all right. I could not make him understand what I wanted. They (Chauncey or Wallace) have not bee to get me to pay it. I gave Wallace a copy if he would keep it. I would characterize his action as irrational, he was wild eyed & pitiful.
Cross ex by Sewell I was at Whitbeck house when I signed these papers. I have not the contract with me, there is a mortgage against the place. Amount was $600 have paid $50.—The mortgage is against Demelt.
He made wrong endorsements he corrected it afterwards—we had not the endorsements drawn the first time. Have had no deal with Chauncey--. He went to place a mortgage on the old farm. How do you know this {Objected to as immaterial objected} this in brackets crossed out What I know someone else told me. There was present at Whitbeck, Raymond Whitbeck, J Grant, adjourned until Feb 26 at 9 am 1890.
Delaware County Court
As to the supposed lunacy
of Henry Demelt
Appearances as Feb 25, 1889
Chauncey Demelt recalled
Exhibits 8 & 11 shown witness. I do not know who wrote them. Ex 8 is I think my fathers writing. No 11 I do not know. Ex 12 shown witness. Do not know whose writing. I do not think it is my fathers writing.
Mrs Georgiana Whitbeck sworn I am a daughter of H Demelt by second marriage, I recollect seeing my father previous to the time he sold the farm to Brown. Was at Ganns once & he as at my house two different times. Chauncey produced a paper at my house, the Thursday previous to the time they came to make writings at Sewells. The proceedings were a mort foreclosure of ___ ____ ____.
Did Chauncey produce a paper at that time?
Objected to as immaterial & improper
Objection sustained
I wish you children would get together & have the judge appoint a committee as I am all broken up & confused. He arose from the table & danced on one foot & said it was a pity all the rulers of the world cannot rule the world. What did Henry D say if anything in relation to Chaunceys doing his business? Said he was as afraid of him as he was the devil. I should characterize his actions as immaterial.
Cross ex by Sewell
Chauncey Demelt & my father were at my house in Oct near the ___ the paper were a mort& you were at my home. I do not recollect just when. Did I present to you a mortgage & bond to be signed by you in the place of the mort, which had been running against your place for more than 20 years.
Objected to as irrelevant unconditional
As to conversation between witness & atty
Objection sustained respdts except
Were you made a party to the mort. foreclosure?
Objected to as immaterial
Objection sustained Respdts except
Objection overruled Respondents except
The certified copy offered & rec'd in evi as one means of testing his mental capacity. Did you talk with him in relation to this certified copy?
Objected to as improper that the papers was taken into the presence of H D, in violation of the order of the court & is not the paper executed by HD & was not papers which had been introduced in evidence at the time. Examined by him & without his or his atty's consent?
Objection overruled Respondents except
He state he was one of the committee. Gave objection to on the same grounds as objection B to the giving of evidence in the power of Atty of Oct 18, 1889.
Objection overruled
I a man has 2 shocks of ____does his mental powers ever recover this usual & former vigor?
Objected to as improper immaterial
Leading assumes a fact not proven.
Objection overruled Respondents except
I do not think they ever regain their mental facilities as they were formerly.
Cross ex
Redirect he gave a description of a trouble he had.
Dr J J Sweet sworn reside in Unadilla. Have been a practicing MD for 30 years. Am a graduate of University of City of NY. I found him feable in body & mind, he was receptible of slight influence, that he might be thrown around him. I do think he could be easily mislead as the contents of a legal document.
Would a person who had been allicted with parlayama(?) be a competent as though he had not had it?
Objected to as before
Objection overruled Respondents except
He would not.
Cross ex
Mrs Marshall Demelt sworn I am wife of Marshall Demelt, reside in Sidney, NY. H Demelts wife died the 18 of August. I think he has lived in our family. H Demelt told me he had paid Ganns people $50. He had been there about 10 weeks.
Cross ex
Marshall Demelt sworn Here as son of Henry Demelt am 36. My father is about 82 years of age. The farm on Strong(?) his is worth about $2500.00. After the death of my mother, father came to live with me. He H Demelt said he was afraid it would outlaw & ought to be attended to. He said H B Sewell said he thought the mort. would outlaw. State the substance of the power of atty.
Objected to as improper & proving the contents of a written agreement by parole.
It revoked Chauncey, power of atty & put me in his stead. This proceeding was commenced by his H D request or acquience.
Cross ex You have used every effort to have parties come here & testify in these proceedings.
Objected to as irrelevant
Objection overruled Respondents except
I have not
How many people have you requested in Sidney Centre & vicinity to come & swear that your father is insane?
Objected to as irrelevant
Objection sustained Respdts except
What did Mrs Whitbeck say to you about my going there to get a new mort signed?
Objected to as improper & irrelevant
Objection sustained Respdts except
Evidence is offered to contradict Mrs Whitbeck. Overruled Respdts except
Henry Finch sworn I reside in town of Sidney 4 years am acquainted with H Demelt. Saw him in June or July last. The old man was free to talk. He used to tell me he was very poor. In the conversation with H Demelt was his talk become incoherent or rambling?
Objected as improper & leading
Objection overruled Respondents except
I thought he had his mind well enough but could be easily influenced.
Cex No 8 offered & rec'd in evidence.
Petitions rest with the understanding that Mrs Mary Haight who being sick is to be recalled by petitioners, with priviledge of ___ by Respdts.
Respondents object Objections overruled
Case in the hands of
Respdts
Dr J H Foote sworn reside in Franklin am a practicing MD for 39 years. Am acquainted with Henry Demelt for 38 years. Have had conversations with him was called by Raymond because Demelt made the ex. From the facts & conversation I should think he was perfectionly rational. I could see nothing why he was not as competent as ever.
Cross ex by Sanderson
Tell the jury the difference between a ______ {ation & illnesses} this in brackets was crossed out & delusion. {What is a delusion} this in brackets was crossed out
Objected to as immaterial & improper
Objection overruled Respdts except
If a man 82 years of age should place his property into the ands of 2 irresponsible individuals with no restriction as to them for his supposed use of only ____ judgement. Would you consider that man had a mind sound & capable of doing business.
Objected to as improper & calling for a conclusion of the witness assuming a slution of facts not proven & inconsistence.
Objection overruled Respdts except
Weakening of mind
Would a man make a Power of Atty one week & revoke it the next & should then in a few days appoint his ____ would that indicate weakness of mind---
Aus—it would—
Redirect
Brcross
Re-direct
Dr Joseph Sweet sworn reside in Unadilla am a MD. Have been 42 years University of Philadelphia. Have examined him in the last few days. HD gave me a description of his ____. He felt bad to think his children should accuse him of insanity. Brought up his wifes death to see if it would ascite him. From what you know of him, was his mind rational or not. Rational, I think he was capable to transact business matters. I consider him of sound mind.
Cross ex
Redirect
Wallace Demelt sworn reside in Franklin am a son of H Demelt have ___ & visited father (next couple of lines to light to read) am acquainted with his _______. Power of Atty given by H Demelt to Marshall Demelt marked Ex B ____ ____
Marked for _______
Since the cont I have rec'd $8.71. $2,00 by Brown. I paid $5.61 tax --- school dist. I have no balance in my hands, have lent H. D. $5.00 of my own. Am worth $1600 or $1700--- ie. Have paid the amt on farm. Do you know what disposition was made of the Sid Cr property under the will?
Objected to as immaterial
Objection overruled
I do. I bequeath to my wife all my real estate & personal property. I know that my father has made another will previous to this. His wife had died & before the other will was destroyed.
Cross ex The farm of 85 acres, mort for $2100. I gave $2800 when I bought it. The will that exists now is the 2nd will. It was done since the power of atty to Chauncey & myself.
What day in the week was the 2nd will drawn?
Objected to as immaterial
Objection overruled Respdts except
I think it was Wed or Thursday some 4 or 5 weeks ago. I loaned my father $5, 5 or 6 weeks ago. I asked him why he did not buy him some pants with the money I gave him. A mortgage & bond of marked Ex 3 or C offered & rec'd in evidence. Ex D or H offered in evidence rec'd.
Respondents rest
Evidence closed
Case summed up by Counsel
Case given to jury @ 10 pm
Jury reported that they could not agree---
Jury being unable to agree were discharged @ 6 am Feb 27, 1890
G Brakerman
S M Potter
S J White Jr
Copies from Delaware County Clerks Office, Delhi NY
Another Packet of Court Proceedings on Henry Demelt
All handwritten
County Court Delaware County
In the Matter of
the Application
of
Ambrose Gann
(unable to make out word)
Sirs,
Take notice that I shall apply to the County Judge of Delaware County at a time of this court to be held at the Court House in this Village of Delhi, NY on the 2 a day of Sept 1890 at the opening of Court or as soon there after as Counsell can be heard for an order that the petition hereto annexed to granted with costs to be paid out of the estate of Henry Demelt a Lunatic or for such after or further order as the Court may think proper to grant. Which motion will be founded upon the said petition with a copy of which you are herewith served.
To Mathew Benedict Yours
Committee of Henry Demelt H B Sewell
A Lunatic Atty for Petitioners
Solid Aug 23, 1890
In the County Court Delaware County
In the Matter of the Application
Of
Ambrose Gann and
Wallace Demelt
In the County Court of the County of Delaware NY
The petition of Ambrose Gann {and Wallace Demelt} this is brackets has been crossed out of the said County respectfully shows that Henry Demelt of Sidney Delaware County NY is justly indebted to your petitioner in the following ? to your petitioner Ambrose Gann in the sum Ninty Six Dollars. Bring forward care and attendance from the 5 day of Dec 1889 to the 25 day of Feby 1890 respectfully with the intent thereon from the 25 day of Feby 1890. That during the time the said Henry Demelt was so bording with your petitioner he was sick and confined to his bed a greater portion of the time and under a physicians care and that he required constant care and attendance both night and day and was so taken care of by your petitioner & his family and that the services were actively until the amount charged an herein set fourth {that your petitioner Wallace Demelt ? ? the said Henry Demelt as indebted to him in the sum of dollars for service and disbursements recevd by said petitions under and by burden of a First deed executed by the said Henry Demelt to your petition. Wallace Demelt and Chancy Demelt recorded in the Del Co Clerks office on the 18 day of Feby 1890 and for money expended and paid out for the said Henry Demelt for which the said petitoner has not received any pay as is ? ? in the bill of items he wrote attached and marked schedule B and}this all in brackets has been crossed out that the items are in all respects correct that the services were in fact rendered and made.
Your petitioners further show that they are informed and belive that the said Henry Demelt has been declared a Lunatic on by the County Court or Judges thereof and that Mathew Benedict at Sidney Center NY in said county is now the committee of this person and estate and that he has been such committee for several months last past.
Your petitioners further shows that each of {their} this in brackets crossed out he have executed his account to the said Committee for payment. But the said Committee declared and refused to pay the care or have any thing whatever to do with the said accounts and the sum of $96.00 is now due to your petitioner Ambrose Gann {and the sum of $ now due to your petitioner Wallace Demelt} this in brackets crossed out
Your petitioners therefore prays that an order may be entered directing the said Committee to pay to your petitioner. The amount of this account afounded to wife to Ambrose Gann the sum of $Ninty Six dollars {and to Wallace Demelt} this in brackets crossed out the sum of $ . With the intent as ofour said or that a reference may be ordered to pass upon the said accounts or that your petitioners may have lease to bring an action against the said Committee to establish and adjuct the said account and the amount due heirs upon the same or for such alter or further orders as the court may think proper to make.
H B Sewell Ambrose Gann
Atty Johns Petitioner
State of New York
County of Delaware ss
On the 21 day of July 1890 before me personally appeared Ambrose Gann {and Wallace Demelt and each for long} this in brackets crossed out made aulto that he has heard read the fuyoung petition subscribed by him and knows the contents thereof and that the same is true of his own knowledge except as to the matters therein stated to have him alledged upon infantic and belief & that as to those matters he believes it to be true.
Sworn upon me Ambrose Gann
July 21 1890
H B Sewell
Filed Sept 6 1890
A H Sewell
Copies from the Delaware County Clerks office
Delaware County Court
In the matter
Of
Henry Demelt a
Supposed Lunatic
County of Delaware
John Strong in said county being duly sworn says that on the 14th day of February 1890. He served on said Henry Demelt and also upon Ambrose Gann and Delia Gann of Franklin, New York copies of the annexed notice by delivering a copy to the same to each of said presence personally.
And deferment further says that he knew persons so named to be the persons mentioned and described in the said notice.
Sworn to before me this John A Strong
20th day of Febry 1890
T Sanderson
Notary Public
(top couple of lines cut off)
of the Delaware County Court dated the 29th day of January 1890 and directed to the undersigned to impress whether Henry Demelt of the Town of Sidney NY to be a lunatic or not. We the undersigned do therefore inquire you and each hoping an to be and appears before us at the execution of said Commission at the Hotel of L Cumban? in Sidney Center NY on the 25th day of February 1890 at 10 am. To view and these to testify those things which you, are either ? an may know touching the lunacy of the said Henry Demelt and all such matters as may be required by on the virtue of said communium - and by you – John T Grant are commanded to bring with you and heir and heir produce a certain lease drawn by you between Henry Demelt and Mary Haight. Dated about the 12th day of October 1889. Also all papers now in your hands as Attorney for Warren Whitbeck.
Filed Feb 20 18900
Delaware County Court
In the matter of the appointment of a comm. Of the person & property of Henry Demelt a supposed lunatic.
Appearance
Atty for Petition L F Ray and T Sanderson
Atty for Respd W D Edson & Henry Demelt in person
Jury sworn Court opened by Hon F Sanderson
Marshall Demelt sworn There are nine children
Caroline- Chauncy-Adelia by 1st marriage
Caroline Freer Walton 59 years
Chauncey Demelt Richfield Spgs 56 years
Adelia Gann Merricksville 54 years
Ann Eliza Gafferty Fr?? Creek 50 years
Georgiana Whitbeck Merricksville 47 years
Mary Haight Rock Valley 41 years
Ellen Harper Walton 38 years
Marshall Demelt Sidney Centre 36 years
Wallace Demelt Merricksville 29 years
Henry Demelt is in his 83 year past 82 . My father has a farm in Franklin of nearly 100 acres, valued at $2800. The income by rent now $150. per year has no other real estate.
Has a contract on which there is due $500 with L Brown. Brown told me he had paid H B Sewell $27 a few days ago. H B Sewell I suppose has it (the contr). Has a Mort on Whitbeck farm for about $500. Has a claim of about claim of about 2 or 3 hundred dollars agst Mrs. Harper. I do not know of any other property owned by H Demelt.
I know my father has executed a power of Atty to C Demelt in Sept 1889. I have seen this power of Atty on the former trial. By this power C Demelt was give the power to sign his name & do all his business. He shortly executed another to me, by his own free will. I have never seen it nor have done any acts under it. He said he would drop Chauncey D & take me as his atty.
He afterward made one to Chauncey & Wallace Demelt. A certified copy of the same offered & rec'd in evidence & marked Ex A. He has since Feb 16 made again power of Atty to Matt Benedict. I have noticed a feebleness of mind for 2 or 3 years. Easily influenced, mind seemed unsettled & worried over business.
Has requested of Frain and to have the jury & have the proceedings gone through with.
Cross Ex by Edson an a farmer & acquainted with land values
Re-direct by Raymond Henry Demelt has made wills in last 3 months.
My father is ? ?
Matthew Benedict sworn Am a merchant in Sidney Center. I was requested to take charge of Henry Demelt property an agreement was drawn up I have it- - this was made Mch 15, 1890 & acknowledged by H B Sewell offered & rec'd in evidence & marked Ex B. I have not acted under this—Trust deed have assigned it.
Mrs Marshall Demelt sworn I am wife of Marshall Demelt since last Aug. Mr H Demelt has been with us more or less. I think his mind has appeared weaker since his wife death & has been sick a considerable. I was here when he requested LFR to begin the proceedings again. He said he thought he could clear $50 or $100 dollars in NY in the winter he also said he wanted to get married again.
Cross Ex by Edson He had never been in NY city. He said he would make money by working.
Benedict recalled I should not consider he had much business ability have talked with him. Do not think his mind is capable of comprehending business.
ADJOURNED UNTIL 1 PM
Case called
Mrs Ella Harper sworn Am a daughter of H D am owing him $145. I purchased the farm of my father. Since Aug '89 I have noticed he worried & cryed about his matters. His mind seems to be forgetful & changeable. He changes his mind & is easily influenced.
Cross Ex by Edson His bad spell seems to affect his mind
Mr Walttes sworn Reside in Sidney Ctr. Have met him frequently. I had a talk with in relation to business matter he wanted a will drawn. I refused did not think him competent did not seem to comprehend.
Ed Walttes bought some corn stalks of him there was only one bundle He bought them for two loads.
Cross Ex by Edson He would lose himself ie. The connection of ideas.
Dr Geo McKinnon sworn Reside in Sidney am a MD Univ of NY. 4 yrs practice have examined HD. His mind is weak also physically & is not as good as one month ago when I examined him at Sidney Ctr. Senile dementia an breaking down of the mind. He would be easily influenced, his weeping is an indication of weakness.
Cross Ex by Edson The cust ex. was in Feb- I see a change, he seems anxious to have a committee. People gan like to control their property as long as they are capable.
Dr Joshua Sweet sworn Reside in Unadilla 30 years NY University. Ex HD 2 months ago & again today. I find him an old man weak in mind & body the death of his wife would have a depressing effect on his mind he is more feeble.
Copies from Delaware County Clerk Office
Delaware County Clerk
In The Matter
Of
Henry Demelt, a Supposed Lunatic
To the Delaware County Court.
The Petition of Marshall Demelt of the Town of Sidney County of Delaware and State of New York, respectfully shows;
I. That Henry Demelt who resides at Sidney Center Delaware County State of New York. ? is at present an inmate of the family of Ambrose Gann of Merricksville town of Franklin, in said County of Delaware. Now is and has been since the first of August 1889 of unsound mind and so far deprived of his reason and understanding as to be altogether unfit and unable to govern himself or to manage his affairs as will won fully appears by the affidavits here to annexed.
II. That said Henry Demelt is of the age of 82 years and upwards and that through weakness of mind and body, has become incapacitated from attending to his business and incapable of attending to the house.
III. That said Henry Demelt is the owner of a farm about 100 acres of land situated in the town of Franklin, New York. Worth about the sum of $2000 and also of other real estate and personal property in said County aggregating in value in the house of about $1000
IV. That the wife of said Henry Demelt is not living and the following are the names of his children and their respective places of residence
Chauncey Demelt residing at Schuyler Lake NY
Caroline Freer “ “ Walton, Del Co
Delia Gann “ “ Franklin Del Co
Georgianna Whitbeck “ “ Franklin Del Co
Eliza Gafferty “ “ Trout Creek Del Co
Mary A Haight “ “ Rock Valley Del Co
Ellen Harper “ “ Walton Del Co
Marshall Demelt “ “ Sidney Del Co
Wallace Demelt “ “ Franklin Del Co
and all of said children are over 21 years of age.
V. That no previous application for the appointment of a committee over the person and estate of Henry Demelt has been made to the knowledge of your petitioner.
Wherefore your petitioner prays that a committee of the person and property of said Henry Demelt be appointed, and that a commission may issue out and under the seal of this court to inquire of the apparent insanity of the said Henry Demelt.
Dated January 8th, 1890 Marshall Demelt
State of New York
County of Delaware ss
Marshall Demelt being duly sworn says; that he is the petitioner ? in the foregoing petition by him subscribed and that he knows the contents thereof and that the same is true to his own knowledge except as to the matters therein stated upon information and belief and as to those matters he believes it to be true.
Sworn before me this
Day of January 1890
John T Grant
Notary Public
To the Delaware County Court
We the undersigned children of said Henry Demelt do hereby request that the ? of the within petition be granted. That in our judgment said Henry Demelt is wholly incapable of managing his business or caring for himself and that the facts in this written petition are true.
Ella Harper
Georgianna Whitbeck
County of Delaware
On this 8th day of January 1890 before me personally appeared Ella Harper & Georgianna Whitbeck and each being before me sworn says that the foregoing requesting them above signed is true of their own knowledge as to the facts contained in said petition.
John T Grant
Notary Public
Delaware County Court
In the Matter
Of
Henry Demelt a sup-
posed Lunatic
Delaware County
John Harper being duly sworn says he is a son-in-law of said Henry Demelt and about a month ago he saw said Demelt and tried to have said Demelt transact some business with him but found that said Demelt was totally incompetent to transact any business by reason of being of weak mind. That said Demelt is in a very feeble condition physically and wholly incapable of caring for himselt in his ordinary business matters.
That defendant is 87 years of age.
Sworn to before me this John H Harper
8th day of January 1890
John T Grant
Notary Public
Delaware County
Wallace Whitbeck being sworn says he is 18 year of age and a grandson of said Henry Demelt and has frequently seen him for the past few years and that this last time he saw him was about 30 days ago. At that time the said Henry Demelt was in a very feeble state physically & mentally at that time said Henry Demelt had spells of crying. Would make threats what he would do and would then in a few minutes contradict his former statements. Defendant further says that in his judgment said Henry Demelt is wholly incapable of caring for himself or his business.
Sworn to before me Wallace Whitbeck
This 8th day of January 1890
John T Grant
Notary Public
Delaware County Court
In the Matter
Of
Henry Demelt a sup-
posed Lunatic
Delaware County
Marshall Demelt being duly sworn says he is a son of said Henry Demelt and is 36 years of age and resides at Sidney, NY. Defendant further says that his said father is over 80 years of age and is in feeble health and of unsound mind and has been in that condition for several years last first and particularly for the past year.
That for several months the said Henry Demelt has been wholly incapable of transacting any business and during the few weeks he has executed different powers of attorney to different persons to transact his business. Has also ? the house without any course, and has destroyed certain valuable papers including his last will and testament and has finally as dependent is informed and believes placed all property in the custody of Chauncey Demelt & Wallace Demelt to take care of him during his life, and various conditions connected there within without any restrictions or without giving any bonds and that by reason thereof all of said property of said Henry Demelt is greatly endangered and liable to be wasted and squandered.
That defendant has seen the said Henry Demelt several times in the last few weeks and that said Henry Demelt is mostly confined to his bed and is in a condition indicating mental imbecility. Is not able to confine his mind upon any topic of communication. But his mind apparently is entirely shattered. Imagines that he is being robbed and other delusions which indicate during counsel.
That said Henry Demelt is worth about the sum of $4000, consisting of a farm situated in Franklin NY worth about the sum of $2000, and various other securities aggregating about $2000.
That said Henry Demelt has frequent spells of crying and is constantly in a nervous state indicating mental derangement.
Sworn to before me Marshall Demelt
This 9th day of January 1890
Delaware County Court
In the matter
Of
Henry Demelt a
Supposed Lunatic
Delaware County
Francis H McNaught being duly sworn says. He is a physician and surgeon and for the past eight years has been engaged in the practice of his profession at Franklin Del County. That he is acquainted with said Henry Demelt and has been acquainted with him for the past two years. That on or about the month of October 1889, he saw the said Henry Demelt at the residence of one Ambrose Gann in the Town of Franklin, NY at that time said Demelt was suffering from Mental and Physical depression to such an extent - that – delusions & illusions of wealth & special physical defects are continually dwelt - upon.
Sworn before me this
10th day of January 1890 F H McNaught
Edsaul Stewart
Notary Public
Delaware County Court
In the matter
Of
Henry Demelt a
Supposed Lunatic
Delaware County
L F Raymond being duly sworn says he is the attorney for Marshall Demelt the petitioner in the above entitled proceeding. That said proceeding is a proceeding instituted by said petitioner for the purpose opposing the appointment of a committee over the person and estate of one Henry Demelt a supposed Lunatic and is one of those cases specified under Title VI of Chapter 17 of the code of Civil procedure.
Sworn to before me
this 28th day of January 1890 L F Raymond
S L Slade
Justice of the Peace
Delaware County Court
In The Matter of Henry
Demelt a supposed
Lunatic
Delaware County
Sarah Demelt being sworn says that she is the daughter in law of said Henry Demelt. I was there at Ambrose Ganns where said Demelt is now boarding about 4 weeks ago and saw said Demelt he was at that time very feeble in both mind and body was at that unable to converse in talking only upon any subject for more than a few words. When he would commence to converse upon other topics. That in September 1889 and about a month after his wife died. He talked about getting married and said that by next winter he would go to New York and get into business and clear $50 or $100. That he was at that time daily changing his plans and seemed entirely unfit to care for himself in his business. That he was an inmate for about five weeks in the fall of 1889 in the family definitely.
Sworn to before me this Sarah E Demelt
8th day of January 1890
John T Grant
Notary Public
At a County Court held in and for the County of
Delaware at the Chambers of Hon. A H Sewell
Delaware County Judge in the Village of Walton NY
On the 29th day of January 1890
Present- Hon A H Sewell Delaware County Judge
In the matter
Of
Henry Demelt a
supposed Lunatic
On reading and filing the petition of Marshall Demelt and the request of Ella Harper and Georgiana Whitbeck and thes affidavits of John H Harper, Wallace Whitbeck, Marshall Demelt and Sarah E Demelt verfied the 8th day of January 1890. And the affidavit of F H McNaught MD verified the 10th day of January 1890.
And the affidavit of L F Raymond verified the 28th day of January 1890.
And it appearing to the court from said affidavits and petition that sufficient reasons exist for the dispursing of the revise of a notice of the written application upon said supposed lunatic on to any person having been in charge.
And after hearing L F Raymond of Counsel for the petitioner and this Court having duly considered the matter and by the proofs set forth in said affidavits and petition, aforesaid it presumptively appearing to the satisfaction of the court that said Henry Demelt is a lunatic. And that the case is one of those specified in Title 6 of Chapter 17 of the code of Civil Procedure and that a committee ought in the exercise of a sound discretion to be appointed. Now all motion of L F Raymond of Counsel for the petitioner ordered. That a commission in the nature of a ? de lunatics inquirends be issued out of and under the seal of this Court directed to Gaylord B Wakeman Lawyer Stephen W Potter layman and Samuel J White Jr Physician all of the County of Delaware to inquire by a jury of the said County and of the neighborhood where the said Henry Demelt resides, of the lunacy of the said Henry Demelt and that the commissioners cause the Sheriff of the County of Delaware to summon such jury.
This further ordered that said commission be executed at Sidney Center Delaware County New York and that six days notice in working after time and place of the execution of this said commission be given to the said Henry Demelt and to the person or persons having the ? ?.
It is further ordered that upon the execution of said Commission the said petitioner be allowed to introduce testimony respecting anything said or done by the said Henry Demelt or his demeanor or state of mind for more than two years before the said hearing this further ordered that upon the execution of the said commission the person or the persons having the care and custody of the said Henry Demelt. Do produce him before the said commission and jury to be examined by their whenever required to do so by such commissioners.
A H Sewell
Del County Judge
To the Sheriff of the County of Delaware
Greeting
Whereas, a commission has issued out of the Delaware County Court to us the undersigned as Commissioners, to inquire as to whether Henry Demelt of the Town of Sidney in the County of Delaware is a lunatic.
Now therefore, by virtue of such commission, hearing date of 29th day of January 1890. We require you to notify not less than twelve, and not more than twenty-four indifferent persons qualified to ?, and not exempt from serving as trial jurors in the Supreme Court to appear before us, at the Hotel of L Cumben Engr in the Village of Sidney Center, New York on the 20th day of February 1890 at ten o'clock in the forenoon there and there to inquire on their oaths, of the lunacy of the said Henry Demelt and of all such matters and things as shall be given in charge, by virtue of said commission.
Thereof fail not at your peril.
Given under our hands and arm
Seals this 14th day of February 1890.
Gaylord B Wakeman
S W Potter
S J White Jr.
Delaware County Court
In the matter
Of
Henry Demelt a sup-
posed Lunatic
State of New York
County of Delaware
Gaylord B Wakeman being duly sworn says, that he will faithfully honestly and impartially discharge the duty of Commissioner in the above entitled matter, under the order made herein by the Delaware County Court.
Sworn to before me this Gaylord B Wakeman
10th day of February 1890
Carl N Waitts
Justice of the Peace
Delaware County Court
In the matter
Of
Henry Demelt a sup-
posed Lunatic
Stephen W. Potter and Samuel J White for being each duly sworn for himself says that he will faithfully honestly and impartially discharge the duty of Commissioner in the above entitled matter under the order made herein by the Delaware County Court.
Sworn to before me this S W Potter
Day of February 1890 S J White Jr
Ed Lou Stewart?
Notary Public
County Court Delaware County
In the matter of
Henry Demelt a Inventory of the Property of
Lunatic Henry Demelt Real & Personal
A just and true inventory of the real and personal property and estate of the above named lunatic on the 31st day of May 1890.
Balance of cash on hand $ (can't read)
Bond and mortgage of Warren
Whitlock and wife on real estate
will secured and upon which
Then is due the sum of $518.00
Contract of sale of real estate by $6000.00
Henry Demelt to Lewis Brown 2340.00
upon which has been paid
leaving a balance unpaid of $466.00
Harper contract
Amount due on same $145.00
A farm of about 96 acres situate $2500.00
In the town of Franklin Del Cty NY $3629.00
Copies from Delaware County Clerks Office
This entire documents was transcribed from a typed copy
At a term of the County Court held at
the chambers of Hon. Albert H Sewell Cou
ty Judge on the 10th, day of July 1890
Present Hon. Albert H. Sewell County Judge, Presiding.,
In the matter of the petition of
Caroline Freer, for an order, that the
committee of the person and estate of
Henry Demelt, a lunatic, provide for
the support and maintenance of the
said lunatic, in the hands, & c.,
On reading and filing the petiton of Caroline Freer, bearing date July 3d, 1890, supplemented by the affidavit of Henry Demelt, verified on the 5th, day of July 1890. And after hearing Alexander Neish Esq, in behalf of the said petitioner, and Hon. Timothy Sanderson, in behalf of the committee, and after a personal examination of the said lunatic in open court.
Ordered; that Mathew Benedict, the committee of the person and estate of the said Henry Demelt, a lunatic, out of any moneys, in his hands as the committee, or the said lunatic, pay as soon as such funds are received, as follows: 1st, to the said lunatic in person, the sum of $10.00, and monthly hereafter or until further order, the sum of $5.00 to be used by said lunatic, for religious and charitable, uses as he may choose, and without dictation.
2nd, that he provide the said lunatic, with a new suit of clothes, and overcoat, a new pair shoes, a new hat, and necessary shirts, two pair of drawers, and a pair of undershirts, of a total expense not exceeding $66.00.
3d, that he pay to Caroline Freer for the board and lodgings, care and attendance, washing, and mending for the said lunatic and nursing during sickness, as follows Viz:
$5.00 per week for each week she has cared for and boarded him between March 9th 1890 and May 10th 1890, and for each week since that time, that she has so provided him, the sum of $6.00 per week. And a like sum for each week he may be so provided by her in the future, and until further order.
4th, that he pay Alex. Neisch atty for the petitioner the sum of $12.00 costs and disbursements of the application.
A.H. Sewell
County Court Delaware County
In the matter of the application
of Henry Demelt, a lunatic to re-
quire Mathew Benedict his committee
to provide him with means of support
from the estate in his hands as such
committee, and for other purposes.
TO THE COUNTY COURT OF THE COUNTY OF DELAWARE.,
The petition of Caroline Freer of the town of Walton in said county respectfully shows to this Honorable Court as follows
Viz: That she is a daughter of Henry Demelt mentioned in the above entitled proceedings, and one of nine children, brothers and sisters, and children of said Henry Demelt.
That your petitioner is the oldest of said children and aged 59 years, and resides at Walton in the county of Delaware, that she is and from her earliest child-hood has been very intimately acquainted with the habits practices , social and business relations of her said father, that he is now 83 years of age and from your petitioners earliest recollection he has been an active member of the Methodist Church, and in the habit of annually contributing to the support and maintenance of said church in sums of from $15.00 to $25.00. That he has further been in the habit of making small presents to his children and grand-children at times when they came to see him, or when he went to visit them, that he has always moved in the best society and has been a man of considerable culture, and enjoyed the society of good people very much, that his habits have always been circumspect, piety, frugality, and economy, being strong features of his character. That he had by a long business life accumulated a considerable property, and not until within the last past year has any question arisen as to his ability to manage and control himself and his business with prudence and safety. That while there was some loss of both bodily and mental vigor he was fully able to understand and intelligently dispose of any and all question of business when he was left to himself and freed from importunities of others. That about the fall of 1889 controversies arose touching the equities arising out of a last will and testament the said Henry Demelt had at or about that time made, and some of the said children were opposed to the disposition of property alleged to have been provided for in and by said instrument and for the first time began to assert and claim that their said father was not competent to manage and control his property, and early in 1890 a petition was presented to this court praying for the appointment of a commission to determine the question of his sanity, that the prayer of the said petition was granted and Gaylord B Wakeman, S W Potter and S H White were appointed such commission, and they proceeded to execute such duty so imposed, and a jury was duly summoned and composed of people who had for a great many years known the said alleged lunatic and after hearing the proofs and evidence adduced on behalf of the moving parties and the arguments of counsel, the said jury were unable to agree, and were discharged, and for a time the scheme seemed to and was said by, the moving party therein, and his counsel, to have been abandoned, and thereafter the scramble for his property among some of his children became so spirited and all sorts of scheme promises, flatteries and frauds became so intolerable that he was wrought up to so intense a mental strain that to be continued for any length of time would have destroyed his reason, and under the pressure of certain of the contending factions, and promises of ample means for his support and all things that would contribute to his comfort the said father was induced to not only, not oppose, but actively aid in procuring himself to be adjudged a lunatic, whereupon anther jury was summoned and said father was adjudged a lunatic at his own suggestion or consent, acting under the influence of the aforesaid promises, and to escape the undue importunities aforesaid, thot was destroying his peace of mind and making life intolerable.
That thereafter on the presentation of said inquisition of lunacy to this court an order was on the 10th day of May 1890 duly made confirming said inquisition and appointing one Mathew Benedict a committee of the person and estate of the said Henry Demelt. That in and by said order numerous sums of mon- was directed to be paid out by said committee, for attorney and counsel fees in the aggregate sum of $452.39 but no provision whatever was made for the support or maintenance of the father of your petitioner, adjudged under the afore-mentioned circumstances to be a lunatic.
That said Benedict after the appointment aforesaid entered upon the discharge of his duties of such trust so far as to take into his possession and under his control the property of the said lunatic, and made and filed an inventory of the same, whereby it appears that the property of the estate is of the value of $3629.00. That the same consists of both real and personal property, and situated in the county of Delaware.
Your petitioner further shows that her said father has since the 13th day of March last lived with and made his home with her in the Village of Walton, and desires to live with her permanently. Your petitioner further shows that she has never taken any part in any of the controversies that have annoyed her father, nor so much as to inquire of him what disposition he had or intended to make of his property but has same with him, she has simply heard what he was pleased to tell her without solicitation and made his home with her wholly free from the matters of controversy that has annoyed him, and under your petitioners care and treatment he is improving in health and peace of mind and becoming more contented than at any time since the wrangling over his property as aforesaid commenced.
Your petitioner further shows that the wardrobe of the said Henry Demelt is of the most meager character, and is in great nead of immediate replenishing, in the following particulars, he has not a shirt fit to rear except at home and only one or two at that nor any suitable under-clothing and only one pair of shoes, fit to wear, he has only one suit of clothes that are fit for use. That he is in great need of a suit of clothes and being a large man ready made clothing cannot be had to fit, and a suit will have to be made for him at an expense of $35.00 and an overcoat of the value of $25.00. He is further in need of shirts and under-clothing of the value of $10.00 and a pair of shoes of the value of $3.50 also one hat of the value of 3.00, making in the aggregate $76.50 all of which several articles of wearing apparel are necessary for his immediate comfort and use.
Your petitioner further shows that her said father has always been in the habit of handeling money and doing his own business and making donations for charitable and religious purposes, and small presents, as herein before stated and that to deprive him of the ability so to do would be a needless and unnecessary humiliation, not warranted by his financial or mental condition, and that a small monthly sum in cash could safely, and should be paid to him in person for the uses and purposes aforesaid, and that his mental condition is such as to warrant this court in the exercise of a sound and humane discretion directing the said committee to make such monthly payment to him, as will more fully appear to the court on a personal examination of the said lunatic, should the court desire so to do and which your petitioner hopes and prays the court in the interest of justice will make, and thus become satisfied that the only excuse for or reason why a committee was ever appointed, was to secure peace of mind for the father of the contending children, and not because he was incompetent to manage himself or his affairs and this being so, to deprive him of the means of disposing of small sums of money as aforesaid would be a needless restrain of his right to dispose of money he has himself made and saved, simply to increase the inheritance of children that have proved void of paternal over and affection.
Your petitioner further shows, that she has provided and set apart for the use of her said father a room nicely furnished, and cared for him at times when he has been unwell and bestowed a great deal of attention in providing for his comfort in extra meals and knicknacks at times when his appetite was poor and when he was unable to eat the food provided for the rest of the family and got many meals at all times of day and night when from indisposition he has required it. That your petitioner keeps a number of boarders and the price she charges and receives and the market price thereof when no extra care is bestowed is $4.00 to $4.50 per week, and the extra care and attention required and bestowed upon her said father is worth at least the sum of $2.00 to $2.50 per week, and that the entertainment, care and attention bestowed upon her said father to make him comfortable is of the value of at least $6.00 per week. That he has lived with and made his home with her since the 13th of March last, and nothing has been paid therefore, by any one. That he is affected with the piles and at times requires much attention and changing of his clothing ad bedding.
That while your petitioner is willing to provide and furnish her said father with a home and provide him with everything necessary for his comfort without payment if it were necessary, she never-the-less under the circumstances thinks the same unnecessary, and that by an order of this court the said committee should be required to pay her therefore the sum above stated of $6.00 per week for the board and lodging, care and attendance of her said father out of the estate in his hands belonging to her said father.
Wherefore your petitioner prays that by an order of this court the said committee be authorized and required out of the said estate in his hands belonging to her said father to pay as follows
1st The sum of $76.50 necessary to replenish the wardrobe of her said father as aforesaid, to the person or persons furnishing the same and that the bill therefore be sent to paid by said committee, on delivery of the goods to the petitioners said father.
2nd That out of the fund aforesaid the said committee pay in cash to her said father at once the sum of $10.00 and monthly hereafter the sum of $5.00 to be used by him in charitable and religious contributions and small presents as he may choose, according to his former custom and practice, without dictation or control of any person.
3d That said committee further pay to your petitioner the sum of $6.00 per week for the board and lodgings care and attendance of her said father from the said 13th day of March 1890 and hereafter the3 weekly sum of $6.00 so long as he desire to remain and live with your petitioner
4th That he also pay the cost of this application.
Dated July 3d, 1890
Caroline Freer
Delaware County: ss
Caroline Freer being duly sworn says she is the person who made and subscribed the foregoing petition, that she has read the same and knows the centense thereof and that the same is true of her own knowledge except as to those matters therein alleged to be stated on information and belief and as those matters she believes it to de true,
Sworn to before me this
5d of July 1890 Caroline Freer
John Gillmore
Notary Public
Delaware County:ss
Henry Demelt being duly sworn, says he is the Henry Demelt mentioned and described in the attached petition of Caroline Freer, that he has read the same and knows the contents of the same and that the same is true to the best of deponents knowledge information and belief.
Deponent further says that he is 83 years of age and resides with his daughter Caroline Freer in the Village of Walton and has so resided since the 13th of March last.
That in August last his wife died at Sidney in said county where he has always resided until he came to reside with his said daughter, that within a short time after the death of deponents wife he sold his place at Sidney stored his goods and concluded to make his children a short visit. That while visiting at one of his daughters, Mrs. Ambros Ganns near Mericville, in October last he was taken sick and remained poorly for about three months. That while there he sent for his son Chauncey who is his oldest son, and requested him to come and see him with a view of securing his consuel and advice in regard to making a disposal of his property, that he came and gave deponent such aid as he desired, that by so doing his son Marshall who resides near Sidney became much offended and took proceedings to have deponent adjudged a lunatic that the jury summoned to try the issue failed to find deponent a lunatic, and the project was abandoned, that a scramble for deponents property that had been commenced some time before was renewed with increased vigor, and deponent was made ver unhappy and so nervous over the unseemly tricks devices and importunities that life was made a burden. That to escape and get rid of the squabble deponent came to Walton to live with his said daughter, that after he had deen here for about a month he went back to Sidney for a short visit when the scramble was renewed and to avoid further scandal and controversy, deponent consented that a committee be appointed, and that he would not oppose such appointment, provided ample means were provided for the support and maintenance of deponent, that such terms were at once acceded to and a precept was again obtained from the said commissioners, and a jury empanelled to try the question of lunacy, and with the active aid of deponent the said jury in favor of such application.
That thereafter and on the 10th day of May 1890 the said inquisition of lunacy was presented to the County Court and an order made adjudging deponent to be a lunatic, and appointing Mathew Benedict of Sidney a committee of the person and estate of deponent. That deponents assent to such proceedings and his failure to oppose the same was the only reason why the same was successful, and that deponent assented thereto simply to avoid a continual controversy as to the disposition of his estate.
That while deponents mind is not so strong as in former days he is fully able to take care of his person and estate, as will appear from a personal examination, which deponent asks the court to make if any doubt be entertained by the court in this regard.
That deponent desires to live with the said Caroline Freer deponents oldest child, who has made his home with her since the 13th of March last very pleasant and provided deponent with all necessary comforts. That the care and attention bestowed by Mrs Freer is correctly stated and set forth in her petition except that she has omitted to state the same as extensively as she might in truth have done, that deponent is at times badly afflicted with the piles and causes her a good deal of extra trouble, and work. That the sum of $6.00 per week is little enough pay for the accomdations she has furnished deponent and deponent desires that she have that sum per week.
Deponent further says that he has always been in the habit of contributing for the support of the Gospel about 25.00 annually and making other small contributions to charity and small presents, and he asks that he be paid in cash at once the sum of $10.00 and hereafter the sum of $5.00 monthly for the uses and purposes aforesaid, as has been his custom in the past.
Deponent further asks that his wardrobe may be provided for as suggested in the petition of Mrs Freer hereto attached, all of which articles therein designated being necessary for deponents immediate use and comfort.
Sworn to before me Henry Demelt
This 5th day of July 1890
John Gillmore
Notary Public
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