Eliza Jane (Jones) Lathrem (1836 - 1914)

Born 8 May 1836 in Bath County, Kentucky

Ancestors

Wife of David Lathrem — married 13 Dec 1849 in Bath County, Kentucky

Descendants

Died 30 Aug 1914 at age 78 in Owen County, Kentucky

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Biography

Eliza J. Lathram was age 16 in the 1850 census living with her husband David Lathrum and her parents Ambrose and Deborah Jones in Bath County, Kentucky.^[1][2]

Eliza Jane Jones, daughter of Ambrose Jones, married David Lathrum on the 6 November 1849 in Bath County, Kentucky. ^[3]

She was mentioned in a court case over her father's estate. APPEAL FROM BATH CIRCUIT COURT. Bath Co., KY April 20, 1881. Opinion By Judge Hargis: Ambrose Jones, by his will, gave to his wife, during her life, one third of the farm on which he lived, and to his daughter, Eliza Jane Lathram, $738.69, which the testator stated in his will he had paid to her husband. By the third clause, he appointed two of his sons executors, and directed them to sell his personal property, pay his debts and funeral expenses, and to give to his wife one-third of the remainder, and the balance to divide equally among his five heirs, naming them.

After directing that Eliza Jane Lathram's share should be paid to her, "her husband to have no control or interest in the same whatever," he uses this language: "And the balance of my four heirs is to have each the sum of $738.69, to make them equal with my daughter, Eliza Jane Lathram, which is spoken of in this instrument. * * * Last, I now wish my real estate to be equally divided among my five heirs, whenever a majority of them agree to do so."

He had five children, including Eliza Jane Lathram, who prosecute this appeal from a judgment subjecting so much of the real estate as was necessary to make the four heirs equal with her, the personal estate being insufficient for that purpose. The question presented is, Did the testator intend to confine the application of his property to the equality of its distribution among his children to the personal property alone? If such was his intention the words of his will and all fair conclusions to be derived from them furnish no sufficient evidence of it. He did not say that the personal estate alone should be used to make them equal, but he directed that each should have the sum of $738.69, to make them equal, without specifying the species of property out of which it should be paid or realized.

It is true, in the last clause of his will he directed his real estate to be equally divided between all of his heirs, but it is also true that he directed the balance of his personal estate to be divided equally between all of his heirs after the payment of his debts and funeral expenses, and giving to his widow one-third thereof. So the language used with reference to the division of both classes of his estate is the same, and clearly indicates that his main object was to divide his estate, both real and personal, after providing for his widow and the payment of debts, equally between all of his children, having first provided for making them equal with the appellant, whose husband had received more than the rest of his children.

Wherefore the judgment is affirmed. R. Gudgell & Son, for appellants. Reid & Stone, J. S. Hurt, for appellees. ^[4]

The children of Eliza Jane and David Lathrem: Ambrose T. Lathrem (1852 - 1924); George W. Lathrem (1862 - 1928); Mallie Lathrem (1863 - 1939); Bell Lathrem Gill (1871 - 1923); Louisa Lathrem Raisor (1876 - 1946).

She died Aug. 30, 1914 at Monterey, Owen County, Kentucky and was buried in the Webster Cemetery.^[5]

Sources

1. ↑ "United States Census, 1850, " (https://familysearch.org/pal:/MM9.1.1/M65R-RJQ), Eliza J. Lathram in household of Ambrose Jones, citing family 202, p 68B, NARA microfilm publication M432 (Washington, D.C.: National Archives and Records Administration, n.d.)
2. ↑ 1870 Census, Bath Co., KY, p 34, PO Wyoming, #75/75, hshld David Lathram
3. ↑ "Kentucky, County Marriages, 1797-1954," (https://familysearch.org/pal:/MM9.1.1/V5ZH-FPZ), David Lathrum and Eliza Jane Jones, 06 Nov 1849; citing Bath, Kentucky, United States; FHL microfilm 273,005.
4. ↑ Kentucky Opinions: Containing the Unreported Opinions of the ..., Volume 11 By J. K. Roberts, Daniel Woolsey Crockett
5. ↑ Find A Grave: Memorial #18774793