24 September 2010

Divorce Action in Williams County, Ohio - Culbertson (Samuel), 1852

Mary Smith Culbertson/Culberson v Samuel Culbertson/Culberson  (Journal 4 p192 - Apr 1852; Roll 8 Box 25 case number 6 - Apr/7 May 1852)

 

By Pamela Pattison Lash (updated 3 December 2021)

 

This couple may have been married in Holmes Co, OH on 20 May 1846 but the marriage was  also recorded as 20 May 1848, Wms Co (Marriage V2 p101); the heading was State of Ohio which was a little different than the marriages above it in the volume.  I wondered why there is a two year gap, but I have no explanation for that.  Mary told the court that she lived in Center Twp.  According to the 1850 Center Twp federal census there was a Mary Smith, 21 NY, daughter of William and Sarah Smith, but no Mary Culbertson.  Mary stated that on 15 Sept 1848 Samuel left her and went back to Holmes Co, leaving her with no support and no goods.  Supposedly he went home to dispose of his personal property.  They did not have children.  His real estate was valued at $1600 plus he owned wagons and other property.  She produced witnesses, Jesse Fisher and William Ingram, to corroborate her facts. Mary wanted a reasonable alimony.  A legal notice appeared in the newspaper, Equal Rights.

I searched the 1850 Williams Co, OH Federal Census and found witness William Ingram and his wife Catherine in the 1850 St Joseph Twp area.  There were two Jesse Fishers living in the Williams Center, Center Twp area as Jesse the older at 1788 – 7 March 1872 buried in Williams Center and Jesse the younger at 1832-1913 buried in Farmer Cem, Defiance Co, OH.  The interesting thing to note is that Jesse younger was born in Holmes Co, OH so there may be some connection to Mary Smith Culberson from there.

 

According to the Appearance Docket, Clerk of Courts, 1846-1852, the divorce action of Mary Culberson v Samuel Culberson (note spelling) was settled with a divorce for the plaintiff in Sept 1852. According to the Issue Docket, Clerk of Courts, 1848-1852, in April 1852 Term Mary's divorce petition was filed on 17 Jan 1852. Mary received a divorce and $700 in yearly equal installments.  

In the 1850 Salt Creek Twp, Holmes Co, OH federal census p237, a Culbertson family was listed as Alexander 70 PA, Margaret 68 PA, and Samuel 35 PA plus nearby Culbertson families of Andrew 38 PA and John 43 PA. This is Alexander Culbertson and wife Margaret Sloan whose son Samuel was born c1815 PA.  Nothing more has been found regarding either party in this divorce.

 

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