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New England Chattels; Or, Life In The Northern Poor-house

Creator: Samuel H. Elliot (author)
Date: 1858
Publisher: H. Dayton, New York
Source: Available at selected libraries
Figures From This Artifact: Figure 2  Figure 3  Figure 4  Figure 5  Figure 6  Figure 7

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2848  

Their attention was at once arrested by the phraseology of the will. They were satisfied of the validity of James' claim under it to a right in the property of his grandfather. After an ample provision for the benefit of his wife, Mr. Sherman left with her, in trust for his children, their heirs and assigns, to be delivered them on reaching lawful age, the balance of all his property, real and personal, to be equally divided among them. Whatever intentions he had in respect to his daughters, as the heirs of his property, the will was so worded that it could not but meet the claims of all his offspring, even were there any such, his natural heirs, much more all who were truly legitimate whose claims could be established. If this had not been the real desire of the testator, but if it had fully been his intention to give his whole property to his two daughters, Elizabeth and Mary, he would have said this in so many words; and taken in connection with his letter to the father of James, it was clear that he made his will to meet any claim that might possibly arise in that quarter.

2849  

They secured the services of the lawyer above referred to in their further proceedings, and laid before him all the proof they were able to produce in relation to the true identity of James. It was his opinion that the claim was substantial. He begged them to secure the opinion of another gentleman of great legal eminence in the city, familiar with questions of this sort, and were happy to learn that his decision was perfectly in agreement with that of the other.

2850  

It now remained to see the family, and to present their claim -- a difficult and painful task, as they knew it must be unexpected and thankless. Mr. Ketchum and the two lawyers waited on the trustees, and made known to them their business. The announcement of another heir to the estate, overwhelmed them with well-imagined surprise. It was communicated to the widow in the mildest manner possible; but at first the shock was too much for her, and she begged her attorneys, before they proceeded further with their statements, to give her time to recover from her surprise.

2851  

The next day the business was resumed. James had not yet been presented either to the trustees, attorneys, or the widow. Mr. Ketchum, acting as his representative, held an interview with the widow and her daughters, together with their husbands. This was followed by another, in which all the attornies and trustees were present, and the will was examined, and the new claim under it presented in full and investigated.

2852  

It was the opinion of the widow, decidedly expressed, that her husband had no idea of the existence of his grandson when he made the will, and that consequently he could not have intended to bequeath to him an interest in his estate. She fully believed that it was his supposition that he was, by will, giving his property to her two daughters solely. But she also frankly confessed that he had often spoken to her of his son, and lamented his fate; that he had repeatedly told her he was reconciled to him, and had removed all his former legal embarrassments to property under his will; that nothing would be more pleasing to him than to know that he had left a son who could bear the family name. But she said, in justice to his memory and to her daughters, she must have the very highest proof of her duty in the case -- the very strongest, most irrefragable proof of the personal identity of the new claimant, before she consented to his position as an heir. Her attorneys advised this, of course, as also did the trustees. But the opinion, in general, seemed to favor the application of the newly found heir.

2853  

Mr. Rodman was daily informed of the proceedings; and at the request of Mr. Ketchum, accompanied by Mrs. Rodman, he repaired to Chicago. But before leaving, he secured several affidavits of importance to attest the claim -- that of old Mr. "Warren, one from Captain Bunce, and a very decided one from old John Tucker, corroborating in every respect the testimony of Mr. Warren. He also took with him sundry papers found at Mr. Warren's, and relics preserved, garments left by "Julia Carlile Sherman," with her name wrought in them, and a small locket containing a miniature of her husband. Purposely James refrained from visiting the widow till Mr. Rodman's arrival. He left the city, and went East to Cleveland. Here he intercepted his friends, and returned with them to Chicago.

2854  

Mrs. Rodman remembered that when she was a girl of fifteen or sixteen years of age, the present Mrs. Sherman had made her mother, who was her cousin, a visit, and she had always retained a pleasant recollection of her as an agreeable and rather fascinating lady. Accompanied by her husband she made a call on her at Chicago, but avoided any allusion to James or the subject in agitation, for she perceived that Mrs. Sherman seemed depressed in spirits, and that she carefully waved any approaches to it. Her visit was not very agreeable.

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