DAZEY, Minnie
DAZEY = 1896
Source: Crawfordsville Star Feb 13, 1896 p 1
A few weeks ago the following partition suit was filed in the circuit court: Emma Binns vs. Sarah Dazey, Wm. Dazey, Charles Dazey, Albert Dazey, Frank Dazey, Samuel Brown, Charles Brown, Hattie Thompson, Voorhees Wilhite, Cordelia Long, Joseh Long, James H. Wilhite, Nancy Dazey, Ora Dazey, MIllie kImble, Wesley Kimble, Malinda Lynn, Frank Lynn, Lilly Dazey, Alfred Wilhite, Ira WIlhite, Emerson Wilhite and Arthur Wilhire, heirs to the estate of Samuel Dazey, deceased.
The suit to all appearances was an innocent looking one. But it was not. It has proven to be one of the most complicated, one more intricate and full of surprises than the machinations of a political party. The circumstances and plot of this legal drama are something as follows: Jacob and Polly Dazy had two sons, namely respectively, Samuel and Jacob Jr. In the same neighborhood living a young lady, Sarah Genault. Sarah, during her maiden days, gave birth to an illegitimate child, who was given the name of Mahlon Dazey. Samuel Dazey then married Miss Genault and by her had seven children. Some few years ago Samuel Dazey died, leaving a large estate to be divided between his heirs, the defendants in this law suit.
Emma Binns, nee Dazey, was the daughter of Mahlon Dazey, alleged son of Samuel Dazey. In settling up the estate she was not given any portion of the estate, it being claimed that her father, Mahlon, wa snot the son of Samuel Dazey and therefore she was not a lineal descendant of Samuel and hence not entitled to any portion of the estate. She claims that she is the granddaughter of Samuel Dazey, deceased, and is entitled to her portion estate amounting to $3,000.
The defendants named in the suit allege that her father Mahlon was not the son of Samuel Dazey, but of his brother, Jacob Jr., and such being the case she can in no way or manner be classed with the heirs of Samuel in that she was the daughter of Jacob, Jr.
Such is the case as it stands and as such is one without parallel in the annals of the Montgomery County Circuit Court. To add further to the complications, a note given for $300 held by Samuel Dazey against John C. Bible and which Samuel gave to Mrs. Emma BInns, has gotten into the case and is causing no end of trouble. As two persons would look at an opal and each see a different color displayed so both sides to the law suit look at the note and each see a different significance attached to it.
The defendants say that the note given to Mrs. Emma Binns serves as an estoppel to further proceedings in the suit, it being clear by law that this was the amount of his estate that Samuel intended for Mrs. Binns.
As soon as the defendants admitted that, the plaintiff went after them. In that such a turn in the case the defendants virtually admitted that Mrs. Binns' father, Mahlon, wa the son of Samuel and Mrs. Binns was a lawful heir. The defense sought to close the case on the group of estoppel proceedings but it was decided against them and the case proceeded and the evidence to substantiate the first complaint that Mahlon was the son of Samuel was begun.
Inscriptions on tombstones, family records, bibles, history of Montgomery County and every other available statistic were brought into court by the plaintiffs to strengthen their assertions. Gray haired old men, who 50 years ago were the boyhood playmates of Mahlon Dazey, were n the witness stand to testify.
Veterans of the Civil War, who marched with Mahlon and saw him killed and buried in Kentucky during the memorable year of 1863, were also present to furnish whatever infromationi they might have on the delicate and complicated question.
A great amount of supposed sensational testimony which was to have come out, failed to show up from some reason and the regular loafers wo attend the trails out of morbid curiosity remarked with scornful faces that the curse was "timid." To show whose minds are reservoirs for suicides, murders and other sensational news the case might have appeared a shade off, but to liberal minded people whose thoughts are not tinctured with wild west massacres and train holdups the trial was more than sensational enough.
Mrs. Dazey's testimony, made by deposition, and not appearing in court at all, revealed an awful truth kept hidden within the resources of her heart for over 40 years. She testified that Samuel Dazey was not the father of Mahlon Dazey but that it was his brother Jacob Jr. Therefore her testimony revealed to Mrs. Binns, the plaintiff in the case that the man whom she believed to be her grandfather was her great uncle and the man whom she though to be her great uncle was her grandfather. Such was the story of the case as presented by Mrs. Samuel Dazey and as such it seems like a chapter from some work of fiction embellished and made prominent by some artful and skilled romaneer.
The case was brought to a close on Friday evening and Judge Harney before whom the case argued, took the matter under advisement His decision will be awaited for with more than casual interest for as he weighs the evidence and reaches a conclusion in a legal way, he also settles the question of a corporal relation and settles for Mrs. Binns whom she is the decendant of, and what relations, she stands in regard to the Dazey heirs.
- kbz