15 November 2010

Divorce Action in Williams Co, OH - Smitley

Ellen Rebecca Borton Smitley v William Y. Smitley (Journal 11 p490 - Dec 1882; Roll 38 case number 1065 - 4 Oct 1882)

By Pamela Pattison Lash (updated 2010)

The couple was married in South Wright Twp, Hillsdale Co, MI on 19 Aug 1866; a license was taken out in Wms Co on 3 Apr 1866 but no return was recorded (Marriage V3 p546).  Ellen charged that William was willfully absent for more than three years.  She wanted custody of the minor children, Permelia (10), Estella (8), and William (6).  A legal notice appeared in the Bryan Press.  The 1870 Camden South Ward, Camden Co, NJ federal census showed that Ellen Smitley 19 NJ and her daughter Permelia b Dec 1869 NJ lived with Ellen’s sister, Sarah A Davidson and her husband Samuel, and next door to Ellen’s parents.

Ellen R was born on 25 Sept 1850 in Camden Co, NJ; she was the daughter of Charles and Permelia Sitley Borton.  According to the 1900 Brady Twp, Williams Co, OH federal census Ellen had married Frank Dibert c1884; Frank, a day laborer, was born in Apr 1860 in OH; his father was a native of PA and his mother was a native of VA.  Ellen’s son William Smitley, born June 1875 in PA, and daughter-in-law, Etta Coleman Smitley born Oct 1882 in OH, lived with the couple.  Ellen had four children with three living as of 1900.   Ellen died on 9 Dec 1913 in Brady Twp, Williams Co, OH and was buried in the Floral Grove Cemetery in West Unity.  Frank Divert, son of Henry and Rebecca Fickle Divert, died on 22 May 1936 and was also buried in Floral Grove Cemetery.

Perhaps the following details will help the reader to understand Ellen’s further problems with her husband. William maliciously threatened to destroy the property of George R. Joy in the amount of $700 and George felt personally threatened by him.  William was required to give bail in the sum of $1,000 for his appearance before the Probate Court in Williams Co (case number 1164).  He failed to comply and was taken into custody and placed in jail on 1 Oct 1867.  He had also taken a woolen shawl valued at $3 from Andrew Buzzbee on 24 Sept 1867 in Hillsdale Co, MI.  His bail was set at $200.

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