New York Court of Appeals

Date: [unknown] [unknown]
Location: New York

In the Matter of The Estate of Maryette Matthews, deceased

This case was heard on 21 December 1894 in Jamaica, New York. It has some bearing on the identity of the wife of Oliver Rock Smith (abt.1812-1889) of Freeport, New York. There are numerous unsourced, or poorly sourced family trees that claims she was Harriet Raynor, daughter of Whitehead Raynor. The testimony given in this case contradicts this. The purpose of this case appears to be that one of the heirs of Maryette Matthews wanted to exclude the children of Harriet Smith, who were also named heirs, because Harriet was illegitmate at birth. However, the testimony shows that she was a half-sister of the deceased and that Maryette expressly chose to recognize the relationship and, upon the advise of her executor, specifically named her nephews so that they would inherit.

John Lyon appeared for the Executor.

Secor & Page appeared for E. R. Pine, et al.

Johnson & Lamb appeared for Hiram Smith, et al.

George Wallace appeared for David B. Smart, et al.

Edward Cromwell appeared as special guardian for Frederick A. Smart, et al.

John A. Raynor was called to testify:

"I live at Freeport, Queens County. I knew Oliver Smith, the husband of Harriet Smith. He died a little over a year ago. She died a long while ago. Oliver Smith was my wife's brother. In a conversation with William R. Smith, a brother of Oliver Smith, I heard about the subject of Harriet Smith's legitimacy. William R. Smith died about a year ago, about 70 years old. I had known him ever since I knew anybody. This conversation occurred a number of years ago. It was no particular conversation. I heard him say that Harriet Smith was an illegitimate child. He said that Harriet's father was David Pine. I don't know who her mother was. All I know is what I have heard say; I did not hear William R. Smith say who the father of Harriet was; not that I recall, nor the mother. All I know is that William R. Smith said that Harriet was an illegitimate child. Zophar Smith (abt.1806-1893), another brother-in-law of Harriet, was there at the time, the conversation being between him and William. He said the same thing, that she was an illegitimate child. My wife was a sister of Oliver Smith, and I have heard her say that Harriet was an illegitimate child."

"Making a guess, I should say Harriet died about 20 years ago. I knew at the time. I knew her and her brothers and sisters. I remember Raynor Pine and Eliza Smart. They were always known as her brother and sister. I think so. I talked with Hiram and Thomas Smith this morning, and told them that all I knew was hearsay. Harriet would be about 80 or 90 years old, if she were alive. I knew her children, Hiram, Ira and Thomas. I suppose Raynor Pine's children were their cousins, so far as I knew. This conversation with Zophar and William R. Smith occurred about 30 years ago, I think about the time of Harriet's death. I always thought in my earlier days that Raynor Pine, Eliza Smart and Harriet Smith were brother and sisters."

Ann E. Pine, being duly sowrn, testified:

"I am one of the parties to this proceeding. My father was Raynor Pine. His brothers and sisters are all dead. There was Raynor Pine, my father; Eliza J., Maryette, Lettie Ann and Susan. I have heard of Harriet Smith. She was supposed to be my grandmother's child. She was her child as I have been told by my father and mother. I heard Oliver Smith acknowledge to my father that she was illegitimate. He was her husband. This was after my grandfather's death, about 30 or 35 years ago. I knew Harriet. She used to come to my father's house because she lived in the neighborhood. I never knew her relationship until this conversation. She used to call my grandfather David and my grandmother Polly."

"I am single, and with my brothers and sisters and interested pecuniarily in the result of this proceeding. I do not remember that this conversation made any particular impression on me, or that I thought much about it. Of course, I felt naturally mad. I knew the woman well. I was 20 years old or more when I heard this conversation. She was dead at that time. I called her Harriet. I never called her Aunt Harriet so far as I remember. There was money involved at the time of this conversation. Oliver Smith said that as a matter of principle my father and his sisters ought to make Harriet a present. My father objected and said, 'Why, Oliver, she is not a legal heir.' I was very seldom at Harriet's house. I was at her funeral."

"I think my grandfather Pine died 30 or 35 years ago. He left no will. Harriet got none of his property. My grandfather's name was David, and my grandmother's Miriam, but they called her Polly."

Susan Smith, being duly sworn, testified:

"I am sister of the preceding witness, and one of the parties herein; I live in Brooklyn. I heard my father and mother talk about Harriet Smith about 30 or 35 years ago. I asked my father why Harriet called my grandfather David while he and my other aunts called him pop. He said David was not her pop. I asked him who was her pop, and I think he said a man by the name of Allen was supposed to be her pop. I heard Oliver Smith, the husband of harriet Say, I think it was after she and my grandfather were dead, that Harriet had worked in my grandfather Pine's family, and had been in the family, and that they had looked down upon her because she was an unfortunate girl; that she was a nice girl, and had been a faithful girl, but that the Pines had looked down upon her because she was unfortunate. I understood because she was an illegitimate child."

"My father and mother both told me she was illegitimate. They did not say how they knew. I am fifty-two years old. I occasionally went to her house. She also came to our house."

"I call a good many people aunts, who are not related to me. I may have called her aunt. I know I called her Harriet a number of times. I know Hiram, Ira and Thomas Smith. I never visited them. Ira sometimes called by father Uncle Raynor."

"Hiram, Ira and Thomas have always lived in that neighborhood. I never used to treat them as relatives. They were not generally regarded by my relatives as relatives, not as the rest of our relatives. They did not come to our house oftener than other neighbors, not to my knowledge."

Caroline F. Raynor, being duly sworn, testified:

"I live in Freeport. I am sister of the two preceding witnesses. I was present and heard the conversation by my father and mother about Harriet Smith, just referred to by my sisters."

"I am not positive, but I think it was after Harriet's death. It was in my father's house. I am fifty-five years old now. Until this conversation, I never knew but what she was my aunt."

Mary C. Geals, being duly sworn, testifield:

"I am a sister of the three preceding witnesses. About 18 or 20 years ago, I had a conversation with my aunt Maryette Matthews at her house, about Harriet Smith. She said Harriet was illegitimate, and that her father was named Allen. She said that my grandfather respected his wife, but that she had that child when he married her."

"Harriet died a long time before this conversation. I knew before this conversation that she was grandmother Pine's daughter. I did not suppose she was my aunt, the same as Eliza Smart was my aunt. I always knew there was a something. I am about 40 now. I may have heard her called aunt, but I do not remember hearing much about her."

Robert Seabury, being duly sworn, testified:

"I am the executor herein. After the death of Ann Pine, sister of Maryette Matthews, the latter gave me a list of her heirs at law and next of kin, which included the names of Hiram, Ira and Thomas Smith, as persons to be cited."

"She asked me if half-sister's children inherited the same as those of the whole blood. On my telling her it was necessary to cite them, she said there were more, and she gave me the names of the Smith children. Mrs. Matthews' father's name was David Pine."

Exhibit 1, consisting of Letters of Administration issued to Raynor Pine upon the death of his father, David Pine, was entered into evidence. These letter state that David Pine died intestate and that his only children and next of kin were: Raynor Pine, Eliza Smart, Ann Pine and Mariette Pine.

Samuel Matthews, being duly sworn, testifield:

"I live at Locust Valley, about 13 or 14 miles from where Maryette Matthews lived. Her husband was my brother. I went there occasionally. I saw Ira Smith there once. He called Mrs. Matthews Aunt Maryette, and her sister Aunt Ann. He called my brother Uncle Jim. This was about the year 1862. Mrs. Matthews introduced Ira to me as one of her sister's children.

[Testimony Closed.]^[1]

There was also a newspaper article on this case: Newspapers Clip: 120278752 and part 2 Newspapers Clip: 120278868

Sources

1. ↑ New York (State). Court of Appeals. New York Appeals. Records and Briefs, New York : n.p., 1897; digital images, Google Books (https://www.google.com/books : accessed March 2023); citing pg. 16-23.