The Higgins' feud:
Samuel and Ellen Higgins (photo) had some legal difficulties in 1888.
The following was researched and prepared by Tanya
Spaulding. [See also Where
the Buffalo Roamed and the main page Welcome to Buffalo County.]
Sam Higgins is Tanya's g-g-g-grandfather from his first
marriage to Matilda Hatcher [see Pipleine
#5]; Tanya's father is Charles Warren, born to Lela Robinson
and Earl Warren. Lela Robinson was the daughter of Minnie Israel and Vollie H. Robinson. Minnie Israel
was the daughter of Lucinda Higgins and Charles Jerome Israel.
Tanya Spaulding is active in preserving the Higgins'
homestead (photos) for its historical value, and arranged publicity, an Historical Society excavation, and
a reunion of Higgins and Ewer cousins in July of 1998.
|
Court Case: #83 |
Researched and prepared by: |
Petition for the appointment of guardian of an insane person.
To the honorable Judge Gillespie of the probate court of Buffalo County, Nebraska the petition of Ellen Higgins of said county respectfully shows the court:
That Samuel Higgins of aforesaid county is become by reason of his extreme old age to wit the age of seventy seven years, and by reason of sickness, imbecile and insane and since about Sept., 1886, incapable of transacting business,
That said Samuel Higgins is possessed of certain real estate to wit - the SE 1/4 of section 22 in township 11 North of Range 15 west - and personal property consisting chiefly of cattle and horses, to wit - 3 heads of horses and 15 head of cattle also 11 head of shoals and a quantity of corn and oats all in said county.
Your petitioner moved by her natural love and affection and anxious to secure and protect all the rights of the said Samuel Higgins prays that letters of guardianship may be granted to S. G. Higgins (Samuel Grant Higgins - TWS), the son of said Samuel Higgins and of lawful age and that S. G. Higgins may have guardianship under the letters of said Samuel Higgins under the provisions of the statute. Signed Ellen Higgins
- That it is true that respondent is of the age of seventy-seven years and in feeble health but that it is entirely untrue that this respondent is imbecile or insane or incapable of transacting his own business.
- That respondent is possessed of the "property mentioned in the complainant's petition" and has always managed the same in a skillful and prudent and competent manner and is still able to do so conduct his business and manage his said property.
- That respondent is the father of five children by his first wife Matilda Higgins since deceased to wit Lucinda, Pricilla, and Nancy, James W. and Octavia. - That of said children the said Lucinda, Pricilla and Nancy are still living. The said James W. is dead leaving his surviving two children Horace and Clarence and the said Octavia is believed to be dead. That the respondent married the complainant Ellen Higgins after the death of said Matilda and is the father by her of Sampson Grant Higgins.
- That is has been the wish of this respondent that his estate should at his death be equally divided among all his said children and grandchildren by representation but that his said wife Ellen Higgins has for years intrigued to secure for her and son Sampson a greater share of all of said property and because respondent refused has mad respondent's house as disagreeable as possible to him and respondent charged the fact to be that of the complainant, instead of being moved by love and affection for this respondent or desirous of securing and protecting his rights is moved solely by her desire to secure some advantage for herself and son to the wrong and injury of respondent's other children. Wherefore the respondent prays that the complainant's petition be dismissed with costs.
State of Nebraska
Buffalo County
Ellen Higgins being duly sworn on her oath disposes and says she is the wife
of Samuel Higgins described in the foregoing petition and that the facts alleged in the petition are true according
to the best of her knowledge information and belief. Signed Ellen Higgins
Subscribed in my presence and sworn to before me this 29th day of March, 1888.
Judge Gillespie.
To Samuel Higgins:
Whereas it appears from the petition of Ellen Ewer Higgins in this court filed
on the 29th day of March, a.d. 1888
First: That you are of advanced age to with the age of 77 years and because
of same and of mental and physical ill health unable to transact business or attend to the affairs of your State.
Second: That S. G. Higgins your son is of lawful age and a person suitable
for appointment of guardian,
Now therefore you are hereby notified that on Monday the 16th day of April 1888 the matters of said petitioner will be heard at this office at 2 O'clock pm of said day and letters of guardianship may issue unless protest or objections be made on or before the said day of hearing of said petition.
-
C O U N T Y C O U R T:
B u f f a l o C o u n t y:
*****************************
Ellen Higgins,
Plaintiff.
V S:
Samuel Higgins,
Defendant.
*****************************
ORIGINAL SUBPOENA:
*****************************
-
I have served the within subpoena on the within named C.W. Carpenter, M.A. Young,
J.E. Miller, and W.W. Pool by delivering to each of them personaly a true and certified copy thereof.
Dated this 10th April 1888
John Wilson, Sheriff
by W.W. Roberts, Deputy
|
[The subpoena was delivered to not only Sam Higgins, but also (true) copies to stalwart members of the community. According to Tanya Spaulding:
|
County Court in the Matter of Samuel Higgins:
And now comes the said Samuel Higgins and for answer to the petition of Ellen Higgins saith:
-
(signed)
-
(__?___) and Prat,
Respondent's solicitors.
State of Nebraska
County of Buffalo:
Samuel Higgins being first duly sworn disposeth and saith he is the respondent above named that he has heard the foregoing answer read and knows the contents thereof and the facts therein stated are true. Signed Samuel Higgins April 10 1888
Petitions for both parties to appear in court on Monday the 16th of April 1888.
Please refer to the following letters to the court by Ellen Higgins written on April 14th and 15th that caused
the case to be dropped.
-
The Samuel Higgins vs. Ellen Ewer Higgins Case
Majors, Buffalo County, Nebraska
April 14 1888
Taken from original papers deposited at
The Buffalo County Historical Society
I, Ellen Higgins, decline to appear against my husband in the matter of appointing guardian over him. My reason for doing so:
First: he told me I should have the whole Brotherhood of the Odd Fellows to fight, which I have not wish to do so.
Second: that my other children had been putting me up to sue my husband so they could get a share of the spoils.
Third: That he is willing to do right by me... give 1/3 of all we've got which in land is $3000.00; other property, $600.00; last two years of crops, $1000.00; horses and hogs, $500.00 which will leave me about $1500.00 which I am willing to take and give him quit-claim on everything.
Fourth: I want all my belongings in shape of bed, bedding, clothing, and furniture.
Fifth: He says he will law away the land before he will have a guardian. I should like you to read this to assembled friends.
Yours truly,
Sixth: My husband offered me $1500.00 about 16 months ago but would not allow
me to take my clothes as I could not go naked. I could not take it.
After deducting $500.00 for current expenses it will leave me what I have named.
I should like to have it as soon as convenient as their (sic) will be no more peace here for either him or me.
I believe that is all. Ellen Higgins.
To Judge Gillespe,
Sir, since writing the reasons why I do not want to appear against my husband tomorrow, I have heard that some of his brothers, Odd Fellows have printed a statement that I want to rob him of his old age. It is not so, as I only want what is my right as I stayed in the place and kept it from being "jumpt" while he was away. He sent money for his girls to go back to Iowa saying he should never return here.
Also, I left him when he was worth $1000.00 and never asked him for any. I gave him power of attorney so he could do what he pleased with his property.
When he got a divorce, I never approved it as it is against my creed to do so.
His lawyer thought it so unjust he never notified me of the fact and the judge said I was worthy to keep my child as it was born about four months after I left him. If anything I have done looks like stealing, I can not see it. I still think S. Higgins Imbecile as the selling of the teams when it was needed on the place as any farmer with common sense will acknowledge.
Back to StoverPipeline home page...
Click if your browser isn't playing "Dueling...."