1870 United States Federal Census
Name: Robert Titus
Birth Year: abt 1785
Age in 1870: 85
Birthplace: Vermont
Race: White
Gender: Male
Household Members: Name Age
Daniel B Miller 50
Louisa Miller 43
Sidney Miller 23
Henry Miller 20
Olive Miller 7
Alice Moulton 20
Robert Titus 85
sao43
**********************
1st Wife - Phoebe Thomas - lawfully married: Jan 1, 1809 at Sunbury, in Rutland County, Vermont
Child of Robert Titus and Phoebe Thomas:
Son - Alden Wheeler Titus - born: Oct of 1810
Robert Titus abandoned wife Phoebe and son Alden Wheeler Titus and went into the war of 1812 and never lived with them anymore
***********************
Robert Titus married 2nd wife Miram Lee on July 14, 1818 without having been divorced from 1st wife Phoebe
Children of Robert Titus and Miram Lee:
1. Benjamin Titus
2. Betsey Titus
3. Rachel Titus
4. Delight Titus
5. Lois Titus - married D. B. Miller
************************
A Fine Point Of Law
Important Decision Rendered in the Supreme Court of Kansas Last Monday.
A decision Regarding the Rights of Illegitimate Children as Heirs ---- A Valuable Tract of Land Adjoining the City of Hutchinson Involved ---- An Opinion Which Will Attract Much Attention Among Attorneys.
From The Topeka Capital.
The supreme court handed down yesterday one of the most interesting decisions which has emanate from that court for many terms. It was the case of John Caldwell against C. B. Miller and L. B. Miller, brought up from the district curt of Reno County. The facts in the case as bound by the trial court were: That on Jan. 1, 1809, Robert Titus was lawfully married at Sunbury, in Rutland County, Vt., to Phoebe Thomas and in Oct. 1810, there was born as the issue of that marriage a son, Alden Wheeler Titus, who was the only issue of that marriage; that after the birth of the son Titus abandoned his wife and son and went into the war of 1812, and never lived with them anymore; that Titus went from the war to East Bloomfield, in Ontario County, in the state of New York, on July 14, 1818, without having been divorced from Phoebe, married Miram Lee, by whom he had five children thereafter born. vlz: Benjamin, Betsey, Rachel, Delight and Lois; that said Titus thereafter, about the year 1882, removed from Ontario County, New York, to Lenox, Macomb County, Michigan.
It is also found that the defendant, Lois Miller, is the wife of the defendant, D. B. Miller, and is the youngest daughter of Robert Titus and Miram Lee; that Robert Titus, in the year 1850, came to live with D. B. Miller and Lois Miller, his wife, and continued to live with them from that date until his death in 1871; that Miller and his wife, Lois, and Robert Titus came to Reno County, Kansas, from Will County, Illinois, in the year 1871;/ that Titus, on July 10, 1871, made a pre-emption settlement on the land in controversy in this suit, viz: Northeast quarter section 12, township 23, range 6 west, Reno County, Kansas, and on Sept. 8, 1871, died, not having completed his pre-emption as required by act of congress of March 3, 1843. Titus died intestate and utterly without any money or property whatever. Upon his death D. B. Miller was by the probate court of Reno County, appointed administrator of the deceased, and with his own money caused the re-emption to be completed, paying the double minimum price for the land to the government, viz: $400.
This was done in the year 1871. On the cfompleting of the pre-emption by Miloler, as administrator, a patent for the land was issued by the Unite States, under, and in accordance with the ection 2269, revised statues of the United States. That Robert Titus died in Reno County, Kansas, Intestate, Sept. 8, 1871; that Miram Lee died intestate in the year 1853; that his wife, Phoebe Thomas, died intestate in Rutland County, Vermont, in the year 1860; that Alden W. Titus, son of Robert and Phoebe Titus, died in Charleston, Mass., in the year A. D. 1870, intestate, leaving heirs; that defendant, D. B. Miller, has purchased from the heirs of Alden W. Titus, and under proper conveyances form them, is the owner of all the rights, title and interest in the land which insured to the Alden W. Titus benefit as the heir of Robert Titus under said paten; that Plaintiff Caldwell has conveyances from the following aforesaid children of Robert Titus and Miram Lee, viz: Delight, intermarried with Caldwell, and Rochel, intermarried with Crandall, conveying to him whatever title they had in the land in controversy;/ that said children of Robert Titus and Miram Lee were notoriously recognized by Robert Titus as his own, and no question was ever raised as to their legitimacy until in this suit.
The pivotal question in this case is the interpretation of section 2,269, revised statutes of the United States, 1878. The plaintiff contends that the words in this section, "the heirs of the deceased pre-emptor," include legitimate and illegitimate children if the illegitimate children were generally notoriously recognized by the father in his lifetime as his own. The defendants claimed that the word "heirs' must be determined by the common law of England.
The Supreme Court decides in favor of the illegitimate heirs and holds that they are entitled to the property. It ways in the opinion, which is written by Chief justice Horton that:
"When a party, entitled to the benefits of the pre-emption laws of the United States, makes a pre-emption filing in the state, but dies before consummating his claim and his administrator files the necessary papers to complete the same, and upon payment for the land obtained from the United States a paten granting the land unto the "Heirs of the deceased pre-emptor," the word heirs in the paten is to be construed with reference to the law of this state, and whoever, under the laws of this state, would have inherited from the deceased pre-emptor, are the persons to whose benefit the land granted by the patent inures.
"Under the statutes of Kansas illegitimate children inherit from the father, the same as the legitimate children, when such illegitimate children have been generally and notoriously recognized by him as his own."
"On July 10, 1871, T, made a pre-emption settlement upon a quarter section of land in Reno County;/ he died before consummating bis claim to the 0pre-emption; the administrator of the estate com0pleted pre-emption and on the 20th of April, 1878, obtained a patent from the United States to the land; the paten granted "Unto the said heirs of T., deceased, (the dead pre-emptor) and to their heirs," the tract pre-empted; T., at the time of his death, had living a legitimate child and also illegitimate children, whom he had generally and notoriously recognized as his own. Held, that the word "heirs" in the tent included the illegitimate children as well as the legitimate child.
Hutchinson Daily News
Hutchinson, Reno County, Kansas
Thursday Morning, May 15, 1890
Page – 2 Column – 4 & 5
*****************************
Name: Robert Titus
Birth Year: abt 1785
Age in 1870: 85
Birthplace: Vermont
Race: White
Gender: Male
Household Members: Name Age
Daniel B Miller 50
Louisa Miller 43
Sidney Miller 23
Henry Miller 20
Olive Miller 7
Alice Moulton 20
Robert Titus 85
sao43
**********************
1st Wife - Phoebe Thomas - lawfully married: Jan 1, 1809 at Sunbury, in Rutland County, Vermont
Child of Robert Titus and Phoebe Thomas:
Son - Alden Wheeler Titus - born: Oct of 1810
Robert Titus abandoned wife Phoebe and son Alden Wheeler Titus and went into the war of 1812 and never lived with them anymore
***********************
Robert Titus married 2nd wife Miram Lee on July 14, 1818 without having been divorced from 1st wife Phoebe
Children of Robert Titus and Miram Lee:
1. Benjamin Titus
2. Betsey Titus
3. Rachel Titus
4. Delight Titus
5. Lois Titus - married D. B. Miller
************************
A Fine Point Of Law
Important Decision Rendered in the Supreme Court of Kansas Last Monday.
A decision Regarding the Rights of Illegitimate Children as Heirs ---- A Valuable Tract of Land Adjoining the City of Hutchinson Involved ---- An Opinion Which Will Attract Much Attention Among Attorneys.
From The Topeka Capital.
The supreme court handed down yesterday one of the most interesting decisions which has emanate from that court for many terms. It was the case of John Caldwell against C. B. Miller and L. B. Miller, brought up from the district curt of Reno County. The facts in the case as bound by the trial court were: That on Jan. 1, 1809, Robert Titus was lawfully married at Sunbury, in Rutland County, Vt., to Phoebe Thomas and in Oct. 1810, there was born as the issue of that marriage a son, Alden Wheeler Titus, who was the only issue of that marriage; that after the birth of the son Titus abandoned his wife and son and went into the war of 1812, and never lived with them anymore; that Titus went from the war to East Bloomfield, in Ontario County, in the state of New York, on July 14, 1818, without having been divorced from Phoebe, married Miram Lee, by whom he had five children thereafter born. vlz: Benjamin, Betsey, Rachel, Delight and Lois; that said Titus thereafter, about the year 1882, removed from Ontario County, New York, to Lenox, Macomb County, Michigan.
It is also found that the defendant, Lois Miller, is the wife of the defendant, D. B. Miller, and is the youngest daughter of Robert Titus and Miram Lee; that Robert Titus, in the year 1850, came to live with D. B. Miller and Lois Miller, his wife, and continued to live with them from that date until his death in 1871; that Miller and his wife, Lois, and Robert Titus came to Reno County, Kansas, from Will County, Illinois, in the year 1871;/ that Titus, on July 10, 1871, made a pre-emption settlement on the land in controversy in this suit, viz: Northeast quarter section 12, township 23, range 6 west, Reno County, Kansas, and on Sept. 8, 1871, died, not having completed his pre-emption as required by act of congress of March 3, 1843. Titus died intestate and utterly without any money or property whatever. Upon his death D. B. Miller was by the probate court of Reno County, appointed administrator of the deceased, and with his own money caused the re-emption to be completed, paying the double minimum price for the land to the government, viz: $400.
This was done in the year 1871. On the cfompleting of the pre-emption by Miloler, as administrator, a patent for the land was issued by the Unite States, under, and in accordance with the ection 2269, revised statues of the United States. That Robert Titus died in Reno County, Kansas, Intestate, Sept. 8, 1871; that Miram Lee died intestate in the year 1853; that his wife, Phoebe Thomas, died intestate in Rutland County, Vermont, in the year 1860; that Alden W. Titus, son of Robert and Phoebe Titus, died in Charleston, Mass., in the year A. D. 1870, intestate, leaving heirs; that defendant, D. B. Miller, has purchased from the heirs of Alden W. Titus, and under proper conveyances form them, is the owner of all the rights, title and interest in the land which insured to the Alden W. Titus benefit as the heir of Robert Titus under said paten; that Plaintiff Caldwell has conveyances from the following aforesaid children of Robert Titus and Miram Lee, viz: Delight, intermarried with Caldwell, and Rochel, intermarried with Crandall, conveying to him whatever title they had in the land in controversy;/ that said children of Robert Titus and Miram Lee were notoriously recognized by Robert Titus as his own, and no question was ever raised as to their legitimacy until in this suit.
The pivotal question in this case is the interpretation of section 2,269, revised statutes of the United States, 1878. The plaintiff contends that the words in this section, "the heirs of the deceased pre-emptor," include legitimate and illegitimate children if the illegitimate children were generally notoriously recognized by the father in his lifetime as his own. The defendants claimed that the word "heirs' must be determined by the common law of England.
The Supreme Court decides in favor of the illegitimate heirs and holds that they are entitled to the property. It ways in the opinion, which is written by Chief justice Horton that:
"When a party, entitled to the benefits of the pre-emption laws of the United States, makes a pre-emption filing in the state, but dies before consummating his claim and his administrator files the necessary papers to complete the same, and upon payment for the land obtained from the United States a paten granting the land unto the "Heirs of the deceased pre-emptor," the word heirs in the paten is to be construed with reference to the law of this state, and whoever, under the laws of this state, would have inherited from the deceased pre-emptor, are the persons to whose benefit the land granted by the patent inures.
"Under the statutes of Kansas illegitimate children inherit from the father, the same as the legitimate children, when such illegitimate children have been generally and notoriously recognized by him as his own."
"On July 10, 1871, T, made a pre-emption settlement upon a quarter section of land in Reno County;/ he died before consummating bis claim to the 0pre-emption; the administrator of the estate com0pleted pre-emption and on the 20th of April, 1878, obtained a patent from the United States to the land; the paten granted "Unto the said heirs of T., deceased, (the dead pre-emptor) and to their heirs," the tract pre-empted; T., at the time of his death, had living a legitimate child and also illegitimate children, whom he had generally and notoriously recognized as his own. Held, that the word "heirs" in the tent included the illegitimate children as well as the legitimate child.
Hutchinson Daily News
Hutchinson, Reno County, Kansas
Thursday Morning, May 15, 1890
Page – 2 Column – 4 & 5
*****************************
1870 United States Federal Census
Name: Robert Titus
Birth Year: abt 1785
Age in 1870: 85
Birthplace: Vermont
Race: White
Gender: Male
Household Members: Name Age
Daniel B Miller 50
Louisa Miller 43
Sidney Miller 23
Henry Miller 20
Olive Miller 7
Alice Moulton 20
Robert Titus 85
sao43
**********************
1st Wife - Phoebe Thomas - lawfully married: Jan 1, 1809 at Sunbury, in Rutland County, Vermont
Child of Robert Titus and Phoebe Thomas:
Son - Alden Wheeler Titus - born: Oct of 1810
Robert Titus abandoned wife Phoebe and son Alden Wheeler Titus and went into the war of 1812 and never lived with them anymore
***********************
Robert Titus married 2nd wife Miram Lee on July 14, 1818 without having been divorced from 1st wife Phoebe
Children of Robert Titus and Miram Lee:
1. Benjamin Titus
2. Betsey Titus
3. Rachel Titus
4. Delight Titus
5. Lois Titus - married D. B. Miller
************************
A Fine Point Of Law
Important Decision Rendered in the Supreme Court of Kansas Last Monday.
A decision Regarding the Rights of Illegitimate Children as Heirs ---- A Valuable Tract of Land Adjoining the City of Hutchinson Involved ---- An Opinion Which Will Attract Much Attention Among Attorneys.
From The Topeka Capital.
The supreme court handed down yesterday one of the most interesting decisions which has emanate from that court for many terms. It was the case of John Caldwell against C. B. Miller and L. B. Miller, brought up from the district curt of Reno County. The facts in the case as bound by the trial court were: That on Jan. 1, 1809, Robert Titus was lawfully married at Sunbury, in Rutland County, Vt., to Phoebe Thomas and in Oct. 1810, there was born as the issue of that marriage a son, Alden Wheeler Titus, who was the only issue of that marriage; that after the birth of the son Titus abandoned his wife and son and went into the war of 1812, and never lived with them anymore; that Titus went from the war to East Bloomfield, in Ontario County, in the state of New York, on July 14, 1818, without having been divorced from Phoebe, married Miram Lee, by whom he had five children thereafter born. vlz: Benjamin, Betsey, Rachel, Delight and Lois; that said Titus thereafter, about the year 1882, removed from Ontario County, New York, to Lenox, Macomb County, Michigan.
It is also found that the defendant, Lois Miller, is the wife of the defendant, D. B. Miller, and is the youngest daughter of Robert Titus and Miram Lee; that Robert Titus, in the year 1850, came to live with D. B. Miller and Lois Miller, his wife, and continued to live with them from that date until his death in 1871; that Miller and his wife, Lois, and Robert Titus came to Reno County, Kansas, from Will County, Illinois, in the year 1871;/ that Titus, on July 10, 1871, made a pre-emption settlement on the land in controversy in this suit, viz: Northeast quarter section 12, township 23, range 6 west, Reno County, Kansas, and on Sept. 8, 1871, died, not having completed his pre-emption as required by act of congress of March 3, 1843. Titus died intestate and utterly without any money or property whatever. Upon his death D. B. Miller was by the probate court of Reno County, appointed administrator of the deceased, and with his own money caused the re-emption to be completed, paying the double minimum price for the land to the government, viz: $400.
This was done in the year 1871. On the cfompleting of the pre-emption by Miloler, as administrator, a patent for the land was issued by the Unite States, under, and in accordance with the ection 2269, revised statues of the United States. That Robert Titus died in Reno County, Kansas, Intestate, Sept. 8, 1871; that Miram Lee died intestate in the year 1853; that his wife, Phoebe Thomas, died intestate in Rutland County, Vermont, in the year 1860; that Alden W. Titus, son of Robert and Phoebe Titus, died in Charleston, Mass., in the year A. D. 1870, intestate, leaving heirs; that defendant, D. B. Miller, has purchased from the heirs of Alden W. Titus, and under proper conveyances form them, is the owner of all the rights, title and interest in the land which insured to the Alden W. Titus benefit as the heir of Robert Titus under said paten; that Plaintiff Caldwell has conveyances from the following aforesaid children of Robert Titus and Miram Lee, viz: Delight, intermarried with Caldwell, and Rochel, intermarried with Crandall, conveying to him whatever title they had in the land in controversy;/ that said children of Robert Titus and Miram Lee were notoriously recognized by Robert Titus as his own, and no question was ever raised as to their legitimacy until in this suit.
The pivotal question in this case is the interpretation of section 2,269, revised statutes of the United States, 1878. The plaintiff contends that the words in this section, "the heirs of the deceased pre-emptor," include legitimate and illegitimate children if the illegitimate children were generally notoriously recognized by the father in his lifetime as his own. The defendants claimed that the word "heirs' must be determined by the common law of England.
The Supreme Court decides in favor of the illegitimate heirs and holds that they are entitled to the property. It ways in the opinion, which is written by Chief justice Horton that:
"When a party, entitled to the benefits of the pre-emption laws of the United States, makes a pre-emption filing in the state, but dies before consummating his claim and his administrator files the necessary papers to complete the same, and upon payment for the land obtained from the United States a paten granting the land unto the "Heirs of the deceased pre-emptor," the word heirs in the paten is to be construed with reference to the law of this state, and whoever, under the laws of this state, would have inherited from the deceased pre-emptor, are the persons to whose benefit the land granted by the patent inures.
"Under the statutes of Kansas illegitimate children inherit from the father, the same as the legitimate children, when such illegitimate children have been generally and notoriously recognized by him as his own."
"On July 10, 1871, T, made a pre-emption settlement upon a quarter section of land in Reno County;/ he died before consummating bis claim to the 0pre-emption; the administrator of the estate com0pleted pre-emption and on the 20th of April, 1878, obtained a patent from the United States to the land; the paten granted "Unto the said heirs of T., deceased, (the dead pre-emptor) and to their heirs," the tract pre-empted; T., at the time of his death, had living a legitimate child and also illegitimate children, whom he had generally and notoriously recognized as his own. Held, that the word "heirs" in the tent included the illegitimate children as well as the legitimate child.
Hutchinson Daily News
Hutchinson, Reno County, Kansas
Thursday Morning, May 15, 1890
Page – 2 Column – 4 & 5
*****************************
Name: Robert Titus
Birth Year: abt 1785
Age in 1870: 85
Birthplace: Vermont
Race: White
Gender: Male
Household Members: Name Age
Daniel B Miller 50
Louisa Miller 43
Sidney Miller 23
Henry Miller 20
Olive Miller 7
Alice Moulton 20
Robert Titus 85
sao43
**********************
1st Wife - Phoebe Thomas - lawfully married: Jan 1, 1809 at Sunbury, in Rutland County, Vermont
Child of Robert Titus and Phoebe Thomas:
Son - Alden Wheeler Titus - born: Oct of 1810
Robert Titus abandoned wife Phoebe and son Alden Wheeler Titus and went into the war of 1812 and never lived with them anymore
***********************
Robert Titus married 2nd wife Miram Lee on July 14, 1818 without having been divorced from 1st wife Phoebe
Children of Robert Titus and Miram Lee:
1. Benjamin Titus
2. Betsey Titus
3. Rachel Titus
4. Delight Titus
5. Lois Titus - married D. B. Miller
************************
A Fine Point Of Law
Important Decision Rendered in the Supreme Court of Kansas Last Monday.
A decision Regarding the Rights of Illegitimate Children as Heirs ---- A Valuable Tract of Land Adjoining the City of Hutchinson Involved ---- An Opinion Which Will Attract Much Attention Among Attorneys.
From The Topeka Capital.
The supreme court handed down yesterday one of the most interesting decisions which has emanate from that court for many terms. It was the case of John Caldwell against C. B. Miller and L. B. Miller, brought up from the district curt of Reno County. The facts in the case as bound by the trial court were: That on Jan. 1, 1809, Robert Titus was lawfully married at Sunbury, in Rutland County, Vt., to Phoebe Thomas and in Oct. 1810, there was born as the issue of that marriage a son, Alden Wheeler Titus, who was the only issue of that marriage; that after the birth of the son Titus abandoned his wife and son and went into the war of 1812, and never lived with them anymore; that Titus went from the war to East Bloomfield, in Ontario County, in the state of New York, on July 14, 1818, without having been divorced from Phoebe, married Miram Lee, by whom he had five children thereafter born. vlz: Benjamin, Betsey, Rachel, Delight and Lois; that said Titus thereafter, about the year 1882, removed from Ontario County, New York, to Lenox, Macomb County, Michigan.
It is also found that the defendant, Lois Miller, is the wife of the defendant, D. B. Miller, and is the youngest daughter of Robert Titus and Miram Lee; that Robert Titus, in the year 1850, came to live with D. B. Miller and Lois Miller, his wife, and continued to live with them from that date until his death in 1871; that Miller and his wife, Lois, and Robert Titus came to Reno County, Kansas, from Will County, Illinois, in the year 1871;/ that Titus, on July 10, 1871, made a pre-emption settlement on the land in controversy in this suit, viz: Northeast quarter section 12, township 23, range 6 west, Reno County, Kansas, and on Sept. 8, 1871, died, not having completed his pre-emption as required by act of congress of March 3, 1843. Titus died intestate and utterly without any money or property whatever. Upon his death D. B. Miller was by the probate court of Reno County, appointed administrator of the deceased, and with his own money caused the re-emption to be completed, paying the double minimum price for the land to the government, viz: $400.
This was done in the year 1871. On the cfompleting of the pre-emption by Miloler, as administrator, a patent for the land was issued by the Unite States, under, and in accordance with the ection 2269, revised statues of the United States. That Robert Titus died in Reno County, Kansas, Intestate, Sept. 8, 1871; that Miram Lee died intestate in the year 1853; that his wife, Phoebe Thomas, died intestate in Rutland County, Vermont, in the year 1860; that Alden W. Titus, son of Robert and Phoebe Titus, died in Charleston, Mass., in the year A. D. 1870, intestate, leaving heirs; that defendant, D. B. Miller, has purchased from the heirs of Alden W. Titus, and under proper conveyances form them, is the owner of all the rights, title and interest in the land which insured to the Alden W. Titus benefit as the heir of Robert Titus under said paten; that Plaintiff Caldwell has conveyances from the following aforesaid children of Robert Titus and Miram Lee, viz: Delight, intermarried with Caldwell, and Rochel, intermarried with Crandall, conveying to him whatever title they had in the land in controversy;/ that said children of Robert Titus and Miram Lee were notoriously recognized by Robert Titus as his own, and no question was ever raised as to their legitimacy until in this suit.
The pivotal question in this case is the interpretation of section 2,269, revised statutes of the United States, 1878. The plaintiff contends that the words in this section, "the heirs of the deceased pre-emptor," include legitimate and illegitimate children if the illegitimate children were generally notoriously recognized by the father in his lifetime as his own. The defendants claimed that the word "heirs' must be determined by the common law of England.
The Supreme Court decides in favor of the illegitimate heirs and holds that they are entitled to the property. It ways in the opinion, which is written by Chief justice Horton that:
"When a party, entitled to the benefits of the pre-emption laws of the United States, makes a pre-emption filing in the state, but dies before consummating his claim and his administrator files the necessary papers to complete the same, and upon payment for the land obtained from the United States a paten granting the land unto the "Heirs of the deceased pre-emptor," the word heirs in the paten is to be construed with reference to the law of this state, and whoever, under the laws of this state, would have inherited from the deceased pre-emptor, are the persons to whose benefit the land granted by the patent inures.
"Under the statutes of Kansas illegitimate children inherit from the father, the same as the legitimate children, when such illegitimate children have been generally and notoriously recognized by him as his own."
"On July 10, 1871, T, made a pre-emption settlement upon a quarter section of land in Reno County;/ he died before consummating bis claim to the 0pre-emption; the administrator of the estate com0pleted pre-emption and on the 20th of April, 1878, obtained a patent from the United States to the land; the paten granted "Unto the said heirs of T., deceased, (the dead pre-emptor) and to their heirs," the tract pre-empted; T., at the time of his death, had living a legitimate child and also illegitimate children, whom he had generally and notoriously recognized as his own. Held, that the word "heirs" in the tent included the illegitimate children as well as the legitimate child.
Hutchinson Daily News
Hutchinson, Reno County, Kansas
Thursday Morning, May 15, 1890
Page – 2 Column – 4 & 5
*****************************
Family Members
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