John Eveland’s premature death ended up fracturing his family and triggering 10 years of lawsuits that pitted family and friends against one another. When John died in a boating accident on the Muskingum River on July 5, 1830, he was 30 years old, he was part-owner of a sawmill, he owned about 120 acres of prime land, he had a wife and five young sons – but he did not have a will.
Joel Eveland said that after his father’s death, his mother (Harriet Newton Eveland) had to send all five of her young sons (aged about 9, 7, 4, 3, and 1) out to live with different relatives while she sorted out the estate (Lloyd Eveland). Harriet was part of the large Sylvanus Newton family of nearby Newton Ridge. The Eveland family was also large and the two families had intermarried with each other and many other families in the Windsor Township area (population about 570 in 1830) (1830 US Census). There were a lot of people that had a stake in how John Eveland’s estate was settled.
Eleven months after her husband’s death, Harriet Eveland began the probate of her husband’s estate by appearing in court with her attorney (James L. Gage) and her father (Sylvanus Newton), by her side. Harriet confirmed that her husband John had died “intestate” (no will) and that she was capable of serving as Administrator and executor of the estate on behalf of herself and the five Eveland boys. She paid a $400 bond and the court gave her Letters of Administration (Ohio Wills Probate).
The first sign in the records that there was bigger trouble came more than a year later, on Nov. 5th, 1833, when Frederick Eveland filed a lawsuit against his daughter-in-law Harriet in the Morgan County Court of Common Pleas. Frederick alleged that Harriet and her sons had failed to “support and maintain” Frederick and Lois Eveland by providing “boarding, lodging, washing, clothes and other things as may be necessary for their comfort” and by not sharing the rent money and other profits she collected from renting the land (Court of Common Pleas Morgan County). Frederick claimed that Harriet and her sons had “neglected” them since John died on July 5, 1830. A slew of witnesses testified on both sides, including John’s brothers (Daniel and Moses), The Rev. William Davis, Harriet’s father and brother, and various other relatives and neighbors. At the conclusion of the proceedings, the Court of Common Pleas found Harriet guilty of failing to provide for her father and mother in-law as she and John had promised, ordered her to immediately start providing for them and to pay a $50 fine within 30 days. The court warned that if Harriet did not comply, Frederick would have the right to occupy the land in “exclusion of said Harriet and the other defendants.” (Court of Common Pleas Morgan County) Harriet immediately appealed the case to the State Supreme Court. The appeal case was not heard until 1835.
In the meantime, Harriet, on behalf of the estate, began to press for the sale of the land and assets in order to pay off the estate’s debts. This was made extremely complicated by the fact that John and his brothers owned equal shares in a saw mill and adjoining land located on Bald Eagle Creek. And on top of that, Frederick Eveland did not want the land where he and Lois still lived sold either, and alleged that Harriet was “wasting” the estate (Court of Common Pleas Morgan County).
The depositions filed for the Supreme Court case finally revealed how this all came about. According to the county deeds, in August of 1825, John, Moses and David Eveland each bought about 35 acres of land from their father Frederick in lots 90 and 91 on the west side of the Muskingum River. Each son paid $200.
In 1827, Frederick transferred more of his land to his sons. According to his testimony, he decided he wanted to settle his property with his children, leaving himself a “secure maintenance” during he and his wife’s lifetime. He claimed he divided the land up into three lots of 33 acres on his home land by the river, and an additional tract of 60 acres. Frederick claimed that one of the sections was more valuable than the other shares and included an orchard. He said he told his children, that whoever would agree to take care of their mother and father (Frederick and Lois) for the duration of their lives and furnish them with “boarding, lodging, washing & cloths & whatever might be necessary to render them comfortable” would get the more valuable share. Frederick claimed that his youngest son, John, offered to take the tracts with these conditions and that on March 23, 1827, he gave John the deeds to the property in exchange for $78 and a promise to take care of his parents (Supreme Court of Morgan County).
The county deeds records show that in 1827, David and Moses Eveland purchased 33 and 50 acres from their father for $200. John Eveland is recorded as receiving 93 acres for $200. This seems to back up Frederick’s version of events.
Harriet Eveland’s testimony told a different story when she addressed what she said “were a number of errors, untruths & uncertainties” in Frederick’s deposition. Harriet claimed that at the time Frederick sold the land to his sons in 1827, he still owed $300-400 on his original purchase of the land which he could not pay. Harriet said that in fact, the reason Frederick divided the land was in order to get help from his sons in paying off the debt he owed on the original purchase. She further claimed that the deed showed John had paid $200, just as his brothers did, and also that John had paid money directly to the persons who sold the land to Frederick. She also claimed the land was not worth nearly as much as Frederick claimed (Supreme Court of Morgan County).
Frederick amended his claim and said that John had done a good job of caring for he and Lois, but that Harriet had done nothing for them although they had frequently called on her for help. He also said that they were furthermore in their mid-60’s and infirm and unwell, and that he had been having to work harder than he was able and they were now in debt and dependent on “the charity of other people for a portion of his daily bread.” (Supreme Court Morgan County). Harriet’s lawyer noted that a State of Ohio statute made it illegal to stop the sale of land or assets without a signed, written agreement. Harriet said she and John never “lawfully authorized” such an agreement or signed a contract that specified they care for John’s parents. Her testimony didn’t exactly say there wasn’t an agreement…just that there wasn’t a lawfully authorized agreement…and Frederick could not produce such a document.
The Supreme Court’s ruling in November of 1835 dismissed Frederick’s case and ordered him to pay Harriet’s court fees. With both sides able to bring witnesses to back up their version of the events, Frederick’s case was doomed without a signed, written agreement with John that specified the land sale condition that John care for his parents (Supreme Court Morgan County).
By 1840, Harriet was living in a hotel in the town of Windsor. Based on the census, she had all five of her boys back with her (1840 US Census). She was eventually able to force the sale of the land. Morgan County recorded land sales in 1843, 1844 and 1847 by an H. Eveland. In 1845 Harriet moved to Fulton County, IL. with three of her sons – Abner, Chandler, and Johnson. It is believed that Harriet and her boys may have traveled there with her brother, Walter Newton, and also possibly with her brother-in-law and sister, David and Nancy Newton Eveland. Maybe some of the wounds of the lawsuit years had healed (Correspondence with Barbara Covey).
Harriet lived to see the birth of a grandson named John Eveland after his grandfather. In March of 1850, Harriet passed away from a “brain fever.” She was about 45 years old. Family tradition says that Chandler buried his mother in the backyard on the farm. (Correspondence with Barbara Covey).
After the loss of the lawsuit, Frederick and Lois moved and spent the balance of their lives living in McClean County, Illinois with their daughter, Catherine Eveland Frisbie, The Frisbies lived about 70 miles as the crow flies from where Harriet was ended up living. Despite their claim at the time of the lawsuits that they were elderly and unwell, the senior Eveland’s lived for some years after the lawsuit. Lois lived until 1849. Frederick outlived Harriet by about 8 years, dying in 1858. Catherine must have done an excellent job of taking care of them!
John Eveland – Curtis Family Tree – #12
Harriet Newton Eveland – Curtis Family Tree – #13
Frederick Eveland Jr. – Curtis Family Tree – #24
Lois Evans Eveland – Curtis Family Tree – #25
Sources:
Court of Common Pleas Court Records; Morgan County, Ohio, 1819-1953: index, 1819-1860; retrieved from Family Search on 25 May 2020
Eveland, Lloyd; Personal Correspondence and Interview
Family Bible of Chandler Eveland;
History of Fulton County, published by Chas. C. Chapman & Co. in 1879, pg. 477-478
Lemonds, Leo; Col. William Stacey: Revolutionary War Hero; Cornhusker Press; Hastings, Nebraska; 1993
Ohio, Wills and Probate Records, 1786-1998; Probate Records, 1821-1919; Probate Place: Morgan, Ohio; retrieved from Ancestry.com 25 May 2020
Supreme Court Records; Morgan County, Ohio; v. A, 1819-1842; retrieved from Family Search on 25 May 2020
Walker, Richard; Stockport, Ohio; 1984
U.S. Census of 1830; Census Place: Windsor, Morgan, Ohio; Series: M19; Roll: 137; Page: 71; Family History Library Film: 0337948; retrieved from Ancestry.com 06 May 2020