04 March 2011

Estate Suit - Delilah Owen v Jasper Rogers (Roll 47)

Estate Suit - Roll 47 Box 161 case number 2038 – Delilah Owen v Jasper Rogers – 26 Jan 1890 - see Delilah Cain Owens Kint Spring divorce

By Pamela Pattison Lash (updated 9 Apr 2011)

Jasper Rogers was the executor of the estate of Samuel Cain, Delilah Owen’s father.  Along with Jasper, Delilah sued the following people:
Sarah Anspaugh (Delilah’s sister)
Julia Ann Coon (Delilah’s sister) - see Andrew Brown divorce
Rachel Anspaugh (Delilah’s sister)
Margaret Dick (Delilah’s sister)
Catherine Myers (Delilah’s sister)
Lucinda Matthews (Delilah’s sister)
Rachel Cain (Delilah’s stepmother)
Mary E Knapp (Delilah’s sister)
Samuel L Cain (Delilah’s brother)

His last will and testament was presented to probate on 29 Apr 1887 with witnesses attesting to this instrument – Samuel L Cain, Mary E Knapp, and Rachel Cain.  These people were legatees in the will.

Delilah said it was not the last will and testament.  Her father, Samuel Cain, was not of sound mind and memory and that he was led and coerced into signing this. 

Summons were sent to (Delilah’s half-brothers and half-sister)
David Cain
Isaac Cain
Charles Cain
Benjamin Cain
Almina Cain, who was over 14

The last three were the minor children of Samuel Cain, deceased.

On 1 Mar 1887 Samuel Cain died in Williams Co, OH.

The Bryan Press, Thurs, 31 Mar 1887, p 3 c 5
Cain- At his home two miles north of Columbia, this county, on Thursday, at noon, March 24, 1887, of pneumonia, Samuel Cain, aged 76 years 8 months 20 days.

Samuel Cain was born in Beaver County, Penn., July 4, 1810 and was married in the same state to Elizabeth Mocherman. In 1829 he moved to Harrison County this state and remained there two years; thence he moved to Stark County where he remained six years; thence to Richland County remaining one year; was a short time in Henry County and in 1838 came to Florence Township this county and settled in Section No. 1, recently known as the John Brubaker farm. In 1844 he sold that farm and bought 80 acres, the farm now owned by Adam Briggle. He was probably the second settler in Florence Township. His wife died June 11, 1852, leaving him a family of twelve children, eight of whom survive him. John, the oldest son, was killed in the Battle of Chickamauga, Sept. 30, 1868.

He married a second wife, Rachel Meek, March 3, 1858 and by her became the father of eleven children. Seventeen children are still living. About the close of the war he moved to Northwest Township on the farm from which he was buried. Mr. Cain was one of the wide awake jolly men; always up and coming; and was seldom seen out of humor; he lived beyond the allotted time we cannot but feel sad that he is dead.

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