Daughter Vietta Large # 102229332 was the daughter of Harrison Perry "Harvey" Large #13547414 and Nancy Elizabeth True.
Vietta's mother died when she was 10 months old.
Her father signed her over to William and Mary Jacks to raise. They did not legally adopt her but William had her father signed an agreement.
The court document gave her birth date as December 6, 1876, but the social security death index date was 1877. The 1876 is correct date, it corresponds with the adoption timeline.
She married Otto Allen Freeman and they had 4 children.
Avis, Henry, Isabelle and Blanche.
The Pacific reporter, Vol 160 by West Publishing - page 1003 -1004
JACKS et al. v. MASTERSON et aL
(No. 20355.)
(Supreme Court of Kansas. Nov. 11, 1916.)
William Jacks, a resident of Wyandotte county, died Intestate on October 11, 1913, owning a farm of about 123 acres on which he had lived since 1868. William Jacks left surviving him a number of brothers and sisters, and descendants of deceased brothers and sisters. This action was commenced as a friendly suit by two of his brothers for partition of the land among the collateral heirs. An amended petition joined as defendants Vietta Freeman and her husband. Vietta Freeman claimed to own the land in her own right, and in a cross petition set out the facts which she claimed worked a transfer of the property to her. The case was submitted to a jury. A general verdict and special findings were returned In appellee's favor, and Judgment was rendered, decreeing her to be the owner of all the property of which William Jacks died seized. The collateral heirs, some of whom are plaintiffs and some defendants, are the appellants.
Vietta Large was born December 6, 1876. Her mother died when she was less than ten months old. At the time William Jacks and Mary Jacks were past the age when they could expect children of their own. They had for some time wanted to find a suitable child to take into the family and raise as their own. They had said they desired to get a child so young that It would never know that It was not their child. An acquaintance of theirs who knew their desires told them about Vietta Large. They took her to their home when she was ten months old. She lived with them until she was 16 years old, when she was married to Otto Freeman at the home of William Jacks. The marriage license described her as Vietta Jacks, the name she was known by during her childhood. They treated her as their child, sent her to school, and she returned to them the service, obedience, and affection of a child for parents. She assisted them in their sickness, worked about the house and occasionally in the fields. A colored woman who had formerly been a slave In the Jacks family testified that she lived with the family for 14 years during the time Vietta was there, and that the relations between Vietta and William Jacks and Mrs. Jacks were characterized by love and affection; that they always treated her as their own child. They usually called her "Hun" and she called them "Papa" and "Mamma." After her marriage she and her husband lived for about a year and a half with Mr. and Mrs. Jacks. They then moved to a house on the same farm, which Mr. Jacks built for them, and remained there about 3 years. They then moved to a farm in the neighborhood, where they remained for several years, when they returned to the Jacks farm to live. Mrs. Jacks was an Invalid for about a year before her death, and required a good deal of personal attention and care. The appellant went back and forth to the Jacks home, helping with the cooking and household duties and assisting in the care of Mrs. Jacks. After the death of Mrs. Jacks the Freemans leased the farm, Mr. Jacks requiring them to sign a written lease each year. They paid a yearly rent of ?300 and in addition furnished him with board, and he lived with them, having a room of his own.
One of the principal contentions made by the appellants relates to the pleadings. In her cross-petition the appellee alleges in paragraph 2 that she became the holder of the legal and equitable title to the real estate in question "under and by virtue of a certain contract and agreement entered into with William Jacks, and M. A. Jacks, both deceased, and H. P. Large," her father, under which her father delivered over to them "full care and control and custody" of her when she was a child of ten months, her father then and there relinquishing all right to control her as his child, in consideration of which, and her discharging her duty thereafter to them as though she was their own child, they then and there agreed to take full care, control, and custody of her "as their own child and heir in every and all respects whatever to all intents and purposes," and agreed that they would give her their property at the time of their death, "and to effectuate said intents and purposes repeatedly stated that they intended to adopt" her. The third and fourth paragraphs of the cross-petition read as follows:
"(3) That on or about the 14th day of January, A. D. 1878, the said contract so entered into by said H. P. Large of the one part and said William Jacks and M. A. Jacks of the other part was evidenced by the following written instrument executed and delivered by said H. P. Large and said William Jacks and M. A. Jacks, a true copy of which is as follows, to wit:
"(4) 'Baby Vietta Large was born near Monticello, Jackson county, Kansas, on December 6, 1876. Her mother departed life in Edwardsville, September 6, 1877, leaving her father, H. P. Large, a floating resident of Wyandotte county, Kansas, at which time the above mentioned (Vietta Large) was turned over to Wm. Jacks and M. A. Jacks, his wife, residents of the last-mentioned county and state, to have the full care, control and custody as their own child and air (heir)in every and all respects whatever to all intents and purposes and her kinsmen residing in Kansas. Julia and Baker P. Near, Connor Station. Her aunt married to Robert Baker-Kinsman in Greenup county, Kentucky, are as follows: Janey Merrill married to John W. Merrill (her aunt and uncle) on her mother's side. Mother's maiden name was (Nancy Elizabeth True Back) on the father's side in Michigan names as follows, (Joseph Large and family residents Berrien county) post office in Dowagiac, Cass Mich. One aunt in Franklin Co., Mo. 'name' Cerepta A. Pope.
"'Given under my hand this the 14th day of January, A. D. 1878. H. P. Large,
The last paragraph is difficult, here is MY translation and evidence to support it.
Kinsmen residing in Kansas
Julia Ann Baker near, Connor Station. Her aunt married to Robert Baker.
Kinsman in Greenup county, Kentucky, are as follows:
Janey Merrill married to John W. Merrill (her aunt and uncle) on her mother's side.
Mother's maiden name was (Nancy Elizabeth True)
Back on the father's side in Michigan names as follows, (Joseph Large and family residents Berrien county) post office in Dowagiac, Cass Mich.
One aunt in Franklin Co., Mo. 'name' Cerepta A. Pope.
Evidence to support this:
1880 Census
Julia Baker married to Robert Baker
Connor Station, Wyandotte, Kansas
Relationship: Sister of Vietta's mother, Nancy Elizabeth True.
Aug 1870 Selected U.S. Federal Census Non-Population Schedules
Joseph Large
Pipestone, Berrien, Michigan
(I have more history on him and his family)
By 1880 the family moved to Tarrant County, Texas.
Relationship: Grandfather to Vietta
1876 Missouri State Census
Cerepta Pope
Franklin County, Missouri
Married to Lewis Marion Pope
Relationship: Cerepta was a sister to Harrison P Large.
Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 99
By Kansas. Supreme Court
(I did not copy all of it here)
The memorandum set out in paragraph four of the cross petition was produced at the trial and the evidence showed that it was kept in the family from the time appellee was taken there, and that it was regarded as one of the family records. It was kept in what was known as the "black book." Although it was not signed either by William Jacks or his wife, it was in the handwriting of William Jacks. It was signed by H. P. Large, the father of Vietta. William Jacks had served several terms as justice of the peace, and was in the habit of drawing conveyances and other instruments for neighbors. He had some acquaintance with legal terms, which doubtless accounts for some of the phraseology of the instrument.
William Jacks often showed the "black book" and said "this is the contract I had to write up to get our baby"; "I will show you the contract I had to draw up to get ‘Hun.' " One witness testified that Mr. Jacks said he "had to make those provisions before Large would relinquish his right to her."
If you have more information on this family, please contact me Jolene Jacks-Capparelle (#46841270)
Vietta's mother died when she was 10 months old.
Her father signed her over to William and Mary Jacks to raise. They did not legally adopt her but William had her father signed an agreement.
The court document gave her birth date as December 6, 1876, but the social security death index date was 1877. The 1876 is correct date, it corresponds with the adoption timeline.
She married Otto Allen Freeman and they had 4 children.
Avis, Henry, Isabelle and Blanche.
The Pacific reporter, Vol 160 by West Publishing - page 1003 -1004
JACKS et al. v. MASTERSON et aL
(No. 20355.)
(Supreme Court of Kansas. Nov. 11, 1916.)
William Jacks, a resident of Wyandotte county, died Intestate on October 11, 1913, owning a farm of about 123 acres on which he had lived since 1868. William Jacks left surviving him a number of brothers and sisters, and descendants of deceased brothers and sisters. This action was commenced as a friendly suit by two of his brothers for partition of the land among the collateral heirs. An amended petition joined as defendants Vietta Freeman and her husband. Vietta Freeman claimed to own the land in her own right, and in a cross petition set out the facts which she claimed worked a transfer of the property to her. The case was submitted to a jury. A general verdict and special findings were returned In appellee's favor, and Judgment was rendered, decreeing her to be the owner of all the property of which William Jacks died seized. The collateral heirs, some of whom are plaintiffs and some defendants, are the appellants.
Vietta Large was born December 6, 1876. Her mother died when she was less than ten months old. At the time William Jacks and Mary Jacks were past the age when they could expect children of their own. They had for some time wanted to find a suitable child to take into the family and raise as their own. They had said they desired to get a child so young that It would never know that It was not their child. An acquaintance of theirs who knew their desires told them about Vietta Large. They took her to their home when she was ten months old. She lived with them until she was 16 years old, when she was married to Otto Freeman at the home of William Jacks. The marriage license described her as Vietta Jacks, the name she was known by during her childhood. They treated her as their child, sent her to school, and she returned to them the service, obedience, and affection of a child for parents. She assisted them in their sickness, worked about the house and occasionally in the fields. A colored woman who had formerly been a slave In the Jacks family testified that she lived with the family for 14 years during the time Vietta was there, and that the relations between Vietta and William Jacks and Mrs. Jacks were characterized by love and affection; that they always treated her as their own child. They usually called her "Hun" and she called them "Papa" and "Mamma." After her marriage she and her husband lived for about a year and a half with Mr. and Mrs. Jacks. They then moved to a house on the same farm, which Mr. Jacks built for them, and remained there about 3 years. They then moved to a farm in the neighborhood, where they remained for several years, when they returned to the Jacks farm to live. Mrs. Jacks was an Invalid for about a year before her death, and required a good deal of personal attention and care. The appellant went back and forth to the Jacks home, helping with the cooking and household duties and assisting in the care of Mrs. Jacks. After the death of Mrs. Jacks the Freemans leased the farm, Mr. Jacks requiring them to sign a written lease each year. They paid a yearly rent of ?300 and in addition furnished him with board, and he lived with them, having a room of his own.
One of the principal contentions made by the appellants relates to the pleadings. In her cross-petition the appellee alleges in paragraph 2 that she became the holder of the legal and equitable title to the real estate in question "under and by virtue of a certain contract and agreement entered into with William Jacks, and M. A. Jacks, both deceased, and H. P. Large," her father, under which her father delivered over to them "full care and control and custody" of her when she was a child of ten months, her father then and there relinquishing all right to control her as his child, in consideration of which, and her discharging her duty thereafter to them as though she was their own child, they then and there agreed to take full care, control, and custody of her "as their own child and heir in every and all respects whatever to all intents and purposes," and agreed that they would give her their property at the time of their death, "and to effectuate said intents and purposes repeatedly stated that they intended to adopt" her. The third and fourth paragraphs of the cross-petition read as follows:
"(3) That on or about the 14th day of January, A. D. 1878, the said contract so entered into by said H. P. Large of the one part and said William Jacks and M. A. Jacks of the other part was evidenced by the following written instrument executed and delivered by said H. P. Large and said William Jacks and M. A. Jacks, a true copy of which is as follows, to wit:
"(4) 'Baby Vietta Large was born near Monticello, Jackson county, Kansas, on December 6, 1876. Her mother departed life in Edwardsville, September 6, 1877, leaving her father, H. P. Large, a floating resident of Wyandotte county, Kansas, at which time the above mentioned (Vietta Large) was turned over to Wm. Jacks and M. A. Jacks, his wife, residents of the last-mentioned county and state, to have the full care, control and custody as their own child and air (heir)in every and all respects whatever to all intents and purposes and her kinsmen residing in Kansas. Julia and Baker P. Near, Connor Station. Her aunt married to Robert Baker-Kinsman in Greenup county, Kentucky, are as follows: Janey Merrill married to John W. Merrill (her aunt and uncle) on her mother's side. Mother's maiden name was (Nancy Elizabeth True Back) on the father's side in Michigan names as follows, (Joseph Large and family residents Berrien county) post office in Dowagiac, Cass Mich. One aunt in Franklin Co., Mo. 'name' Cerepta A. Pope.
"'Given under my hand this the 14th day of January, A. D. 1878. H. P. Large,
The last paragraph is difficult, here is MY translation and evidence to support it.
Kinsmen residing in Kansas
Julia Ann Baker near, Connor Station. Her aunt married to Robert Baker.
Kinsman in Greenup county, Kentucky, are as follows:
Janey Merrill married to John W. Merrill (her aunt and uncle) on her mother's side.
Mother's maiden name was (Nancy Elizabeth True)
Back on the father's side in Michigan names as follows, (Joseph Large and family residents Berrien county) post office in Dowagiac, Cass Mich.
One aunt in Franklin Co., Mo. 'name' Cerepta A. Pope.
Evidence to support this:
1880 Census
Julia Baker married to Robert Baker
Connor Station, Wyandotte, Kansas
Relationship: Sister of Vietta's mother, Nancy Elizabeth True.
Aug 1870 Selected U.S. Federal Census Non-Population Schedules
Joseph Large
Pipestone, Berrien, Michigan
(I have more history on him and his family)
By 1880 the family moved to Tarrant County, Texas.
Relationship: Grandfather to Vietta
1876 Missouri State Census
Cerepta Pope
Franklin County, Missouri
Married to Lewis Marion Pope
Relationship: Cerepta was a sister to Harrison P Large.
Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 99
By Kansas. Supreme Court
(I did not copy all of it here)
The memorandum set out in paragraph four of the cross petition was produced at the trial and the evidence showed that it was kept in the family from the time appellee was taken there, and that it was regarded as one of the family records. It was kept in what was known as the "black book." Although it was not signed either by William Jacks or his wife, it was in the handwriting of William Jacks. It was signed by H. P. Large, the father of Vietta. William Jacks had served several terms as justice of the peace, and was in the habit of drawing conveyances and other instruments for neighbors. He had some acquaintance with legal terms, which doubtless accounts for some of the phraseology of the instrument.
William Jacks often showed the "black book" and said "this is the contract I had to write up to get our baby"; "I will show you the contract I had to draw up to get ‘Hun.' " One witness testified that Mr. Jacks said he "had to make those provisions before Large would relinquish his right to her."
If you have more information on this family, please contact me Jolene Jacks-Capparelle (#46841270)
Daughter Vietta Large # 102229332 was the daughter of Harrison Perry "Harvey" Large #13547414 and Nancy Elizabeth True.
Vietta's mother died when she was 10 months old.
Her father signed her over to William and Mary Jacks to raise. They did not legally adopt her but William had her father signed an agreement.
The court document gave her birth date as December 6, 1876, but the social security death index date was 1877. The 1876 is correct date, it corresponds with the adoption timeline.
She married Otto Allen Freeman and they had 4 children.
Avis, Henry, Isabelle and Blanche.
The Pacific reporter, Vol 160 by West Publishing - page 1003 -1004
JACKS et al. v. MASTERSON et aL
(No. 20355.)
(Supreme Court of Kansas. Nov. 11, 1916.)
William Jacks, a resident of Wyandotte county, died Intestate on October 11, 1913, owning a farm of about 123 acres on which he had lived since 1868. William Jacks left surviving him a number of brothers and sisters, and descendants of deceased brothers and sisters. This action was commenced as a friendly suit by two of his brothers for partition of the land among the collateral heirs. An amended petition joined as defendants Vietta Freeman and her husband. Vietta Freeman claimed to own the land in her own right, and in a cross petition set out the facts which she claimed worked a transfer of the property to her. The case was submitted to a jury. A general verdict and special findings were returned In appellee's favor, and Judgment was rendered, decreeing her to be the owner of all the property of which William Jacks died seized. The collateral heirs, some of whom are plaintiffs and some defendants, are the appellants.
Vietta Large was born December 6, 1876. Her mother died when she was less than ten months old. At the time William Jacks and Mary Jacks were past the age when they could expect children of their own. They had for some time wanted to find a suitable child to take into the family and raise as their own. They had said they desired to get a child so young that It would never know that It was not their child. An acquaintance of theirs who knew their desires told them about Vietta Large. They took her to their home when she was ten months old. She lived with them until she was 16 years old, when she was married to Otto Freeman at the home of William Jacks. The marriage license described her as Vietta Jacks, the name she was known by during her childhood. They treated her as their child, sent her to school, and she returned to them the service, obedience, and affection of a child for parents. She assisted them in their sickness, worked about the house and occasionally in the fields. A colored woman who had formerly been a slave In the Jacks family testified that she lived with the family for 14 years during the time Vietta was there, and that the relations between Vietta and William Jacks and Mrs. Jacks were characterized by love and affection; that they always treated her as their own child. They usually called her "Hun" and she called them "Papa" and "Mamma." After her marriage she and her husband lived for about a year and a half with Mr. and Mrs. Jacks. They then moved to a house on the same farm, which Mr. Jacks built for them, and remained there about 3 years. They then moved to a farm in the neighborhood, where they remained for several years, when they returned to the Jacks farm to live. Mrs. Jacks was an Invalid for about a year before her death, and required a good deal of personal attention and care. The appellant went back and forth to the Jacks home, helping with the cooking and household duties and assisting in the care of Mrs. Jacks. After the death of Mrs. Jacks the Freemans leased the farm, Mr. Jacks requiring them to sign a written lease each year. They paid a yearly rent of ?300 and in addition furnished him with board, and he lived with them, having a room of his own.
One of the principal contentions made by the appellants relates to the pleadings. In her cross-petition the appellee alleges in paragraph 2 that she became the holder of the legal and equitable title to the real estate in question "under and by virtue of a certain contract and agreement entered into with William Jacks, and M. A. Jacks, both deceased, and H. P. Large," her father, under which her father delivered over to them "full care and control and custody" of her when she was a child of ten months, her father then and there relinquishing all right to control her as his child, in consideration of which, and her discharging her duty thereafter to them as though she was their own child, they then and there agreed to take full care, control, and custody of her "as their own child and heir in every and all respects whatever to all intents and purposes," and agreed that they would give her their property at the time of their death, "and to effectuate said intents and purposes repeatedly stated that they intended to adopt" her. The third and fourth paragraphs of the cross-petition read as follows:
"(3) That on or about the 14th day of January, A. D. 1878, the said contract so entered into by said H. P. Large of the one part and said William Jacks and M. A. Jacks of the other part was evidenced by the following written instrument executed and delivered by said H. P. Large and said William Jacks and M. A. Jacks, a true copy of which is as follows, to wit:
"(4) 'Baby Vietta Large was born near Monticello, Jackson county, Kansas, on December 6, 1876. Her mother departed life in Edwardsville, September 6, 1877, leaving her father, H. P. Large, a floating resident of Wyandotte county, Kansas, at which time the above mentioned (Vietta Large) was turned over to Wm. Jacks and M. A. Jacks, his wife, residents of the last-mentioned county and state, to have the full care, control and custody as their own child and air (heir)in every and all respects whatever to all intents and purposes and her kinsmen residing in Kansas. Julia and Baker P. Near, Connor Station. Her aunt married to Robert Baker-Kinsman in Greenup county, Kentucky, are as follows: Janey Merrill married to John W. Merrill (her aunt and uncle) on her mother's side. Mother's maiden name was (Nancy Elizabeth True Back) on the father's side in Michigan names as follows, (Joseph Large and family residents Berrien county) post office in Dowagiac, Cass Mich. One aunt in Franklin Co., Mo. 'name' Cerepta A. Pope.
"'Given under my hand this the 14th day of January, A. D. 1878. H. P. Large,
The last paragraph is difficult, here is MY translation and evidence to support it.
Kinsmen residing in Kansas
Julia Ann Baker near, Connor Station. Her aunt married to Robert Baker.
Kinsman in Greenup county, Kentucky, are as follows:
Janey Merrill married to John W. Merrill (her aunt and uncle) on her mother's side.
Mother's maiden name was (Nancy Elizabeth True)
Back on the father's side in Michigan names as follows, (Joseph Large and family residents Berrien county) post office in Dowagiac, Cass Mich.
One aunt in Franklin Co., Mo. 'name' Cerepta A. Pope.
Evidence to support this:
1880 Census
Julia Baker married to Robert Baker
Connor Station, Wyandotte, Kansas
Relationship: Sister of Vietta's mother, Nancy Elizabeth True.
Aug 1870 Selected U.S. Federal Census Non-Population Schedules
Joseph Large
Pipestone, Berrien, Michigan
(I have more history on him and his family)
By 1880 the family moved to Tarrant County, Texas.
Relationship: Grandfather to Vietta
1876 Missouri State Census
Cerepta Pope
Franklin County, Missouri
Married to Lewis Marion Pope
Relationship: Cerepta was a sister to Harrison P Large.
Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 99
By Kansas. Supreme Court
(I did not copy all of it here)
The memorandum set out in paragraph four of the cross petition was produced at the trial and the evidence showed that it was kept in the family from the time appellee was taken there, and that it was regarded as one of the family records. It was kept in what was known as the "black book." Although it was not signed either by William Jacks or his wife, it was in the handwriting of William Jacks. It was signed by H. P. Large, the father of Vietta. William Jacks had served several terms as justice of the peace, and was in the habit of drawing conveyances and other instruments for neighbors. He had some acquaintance with legal terms, which doubtless accounts for some of the phraseology of the instrument.
William Jacks often showed the "black book" and said "this is the contract I had to write up to get our baby"; "I will show you the contract I had to draw up to get ‘Hun.' " One witness testified that Mr. Jacks said he "had to make those provisions before Large would relinquish his right to her."
If you have more information on this family, please contact me Jolene Jacks-Capparelle (#46841270)
Vietta's mother died when she was 10 months old.
Her father signed her over to William and Mary Jacks to raise. They did not legally adopt her but William had her father signed an agreement.
The court document gave her birth date as December 6, 1876, but the social security death index date was 1877. The 1876 is correct date, it corresponds with the adoption timeline.
She married Otto Allen Freeman and they had 4 children.
Avis, Henry, Isabelle and Blanche.
The Pacific reporter, Vol 160 by West Publishing - page 1003 -1004
JACKS et al. v. MASTERSON et aL
(No. 20355.)
(Supreme Court of Kansas. Nov. 11, 1916.)
William Jacks, a resident of Wyandotte county, died Intestate on October 11, 1913, owning a farm of about 123 acres on which he had lived since 1868. William Jacks left surviving him a number of brothers and sisters, and descendants of deceased brothers and sisters. This action was commenced as a friendly suit by two of his brothers for partition of the land among the collateral heirs. An amended petition joined as defendants Vietta Freeman and her husband. Vietta Freeman claimed to own the land in her own right, and in a cross petition set out the facts which she claimed worked a transfer of the property to her. The case was submitted to a jury. A general verdict and special findings were returned In appellee's favor, and Judgment was rendered, decreeing her to be the owner of all the property of which William Jacks died seized. The collateral heirs, some of whom are plaintiffs and some defendants, are the appellants.
Vietta Large was born December 6, 1876. Her mother died when she was less than ten months old. At the time William Jacks and Mary Jacks were past the age when they could expect children of their own. They had for some time wanted to find a suitable child to take into the family and raise as their own. They had said they desired to get a child so young that It would never know that It was not their child. An acquaintance of theirs who knew their desires told them about Vietta Large. They took her to their home when she was ten months old. She lived with them until she was 16 years old, when she was married to Otto Freeman at the home of William Jacks. The marriage license described her as Vietta Jacks, the name she was known by during her childhood. They treated her as their child, sent her to school, and she returned to them the service, obedience, and affection of a child for parents. She assisted them in their sickness, worked about the house and occasionally in the fields. A colored woman who had formerly been a slave In the Jacks family testified that she lived with the family for 14 years during the time Vietta was there, and that the relations between Vietta and William Jacks and Mrs. Jacks were characterized by love and affection; that they always treated her as their own child. They usually called her "Hun" and she called them "Papa" and "Mamma." After her marriage she and her husband lived for about a year and a half with Mr. and Mrs. Jacks. They then moved to a house on the same farm, which Mr. Jacks built for them, and remained there about 3 years. They then moved to a farm in the neighborhood, where they remained for several years, when they returned to the Jacks farm to live. Mrs. Jacks was an Invalid for about a year before her death, and required a good deal of personal attention and care. The appellant went back and forth to the Jacks home, helping with the cooking and household duties and assisting in the care of Mrs. Jacks. After the death of Mrs. Jacks the Freemans leased the farm, Mr. Jacks requiring them to sign a written lease each year. They paid a yearly rent of ?300 and in addition furnished him with board, and he lived with them, having a room of his own.
One of the principal contentions made by the appellants relates to the pleadings. In her cross-petition the appellee alleges in paragraph 2 that she became the holder of the legal and equitable title to the real estate in question "under and by virtue of a certain contract and agreement entered into with William Jacks, and M. A. Jacks, both deceased, and H. P. Large," her father, under which her father delivered over to them "full care and control and custody" of her when she was a child of ten months, her father then and there relinquishing all right to control her as his child, in consideration of which, and her discharging her duty thereafter to them as though she was their own child, they then and there agreed to take full care, control, and custody of her "as their own child and heir in every and all respects whatever to all intents and purposes," and agreed that they would give her their property at the time of their death, "and to effectuate said intents and purposes repeatedly stated that they intended to adopt" her. The third and fourth paragraphs of the cross-petition read as follows:
"(3) That on or about the 14th day of January, A. D. 1878, the said contract so entered into by said H. P. Large of the one part and said William Jacks and M. A. Jacks of the other part was evidenced by the following written instrument executed and delivered by said H. P. Large and said William Jacks and M. A. Jacks, a true copy of which is as follows, to wit:
"(4) 'Baby Vietta Large was born near Monticello, Jackson county, Kansas, on December 6, 1876. Her mother departed life in Edwardsville, September 6, 1877, leaving her father, H. P. Large, a floating resident of Wyandotte county, Kansas, at which time the above mentioned (Vietta Large) was turned over to Wm. Jacks and M. A. Jacks, his wife, residents of the last-mentioned county and state, to have the full care, control and custody as their own child and air (heir)in every and all respects whatever to all intents and purposes and her kinsmen residing in Kansas. Julia and Baker P. Near, Connor Station. Her aunt married to Robert Baker-Kinsman in Greenup county, Kentucky, are as follows: Janey Merrill married to John W. Merrill (her aunt and uncle) on her mother's side. Mother's maiden name was (Nancy Elizabeth True Back) on the father's side in Michigan names as follows, (Joseph Large and family residents Berrien county) post office in Dowagiac, Cass Mich. One aunt in Franklin Co., Mo. 'name' Cerepta A. Pope.
"'Given under my hand this the 14th day of January, A. D. 1878. H. P. Large,
The last paragraph is difficult, here is MY translation and evidence to support it.
Kinsmen residing in Kansas
Julia Ann Baker near, Connor Station. Her aunt married to Robert Baker.
Kinsman in Greenup county, Kentucky, are as follows:
Janey Merrill married to John W. Merrill (her aunt and uncle) on her mother's side.
Mother's maiden name was (Nancy Elizabeth True)
Back on the father's side in Michigan names as follows, (Joseph Large and family residents Berrien county) post office in Dowagiac, Cass Mich.
One aunt in Franklin Co., Mo. 'name' Cerepta A. Pope.
Evidence to support this:
1880 Census
Julia Baker married to Robert Baker
Connor Station, Wyandotte, Kansas
Relationship: Sister of Vietta's mother, Nancy Elizabeth True.
Aug 1870 Selected U.S. Federal Census Non-Population Schedules
Joseph Large
Pipestone, Berrien, Michigan
(I have more history on him and his family)
By 1880 the family moved to Tarrant County, Texas.
Relationship: Grandfather to Vietta
1876 Missouri State Census
Cerepta Pope
Franklin County, Missouri
Married to Lewis Marion Pope
Relationship: Cerepta was a sister to Harrison P Large.
Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 99
By Kansas. Supreme Court
(I did not copy all of it here)
The memorandum set out in paragraph four of the cross petition was produced at the trial and the evidence showed that it was kept in the family from the time appellee was taken there, and that it was regarded as one of the family records. It was kept in what was known as the "black book." Although it was not signed either by William Jacks or his wife, it was in the handwriting of William Jacks. It was signed by H. P. Large, the father of Vietta. William Jacks had served several terms as justice of the peace, and was in the habit of drawing conveyances and other instruments for neighbors. He had some acquaintance with legal terms, which doubtless accounts for some of the phraseology of the instrument.
William Jacks often showed the "black book" and said "this is the contract I had to write up to get our baby"; "I will show you the contract I had to draw up to get ‘Hun.' " One witness testified that Mr. Jacks said he "had to make those provisions before Large would relinquish his right to her."
If you have more information on this family, please contact me Jolene Jacks-Capparelle (#46841270)
Family Members
Sponsored by Ancestry
Advertisement
Records on Ancestry
Advertisement
