Court Documents

Petition of Mary Ann Plymale for letters of guardianship
Filed February 7th 1856 A.P. Stearns P.J.

Territory of Oregon
Jackson County

Before the Probate Court February term.
Petition for letters of guardianship.
To the honorable Probate Court of Jackson County, your petitioner Mary Ann Plymale represents that her husband Gabriel Plymale late of the County of Jackson departed this life leaving herself the law wife, and nine children five of whom are subject to guardianship namely William aged nineteen years, Sabastian aged eighteen years Narrissa aged fourteen years Mary aged eleven years and Emmisetta aged ten years the three former desiring that she shall act as their guardian your petitioner therefore prays that she may be appointed guardian of their five children above named.

Mary A. Plymale

Mary Ann Plymale being duly sworn says that the matters and facts as set forth in the forgoeing petition are true.
Subscribed and sworn to before me this 7th of February 1856
A.P. Stearns
Probate Judge

Know all men by these presents that we Mary Ann Plymale, John Anderson and Lewis N. Ziggler are jointly and severally held and firmly bound unto the Territory of Oregon in the final sum of eleven hundred dollars good and lawful money of the United States to the payment of which well and truly to be made we bind ourselves our heirs and representatives firmly to these presents. In testimony whereof witness our hands and seals, this the, 7th day of February, 1856.
In condition of the above obligation is such that whereas Mary Ann Plymale has been appointed guardian of William J. Plymale, aged 19 years, Sabastian Plymale, aged 18 years, and Narrissa Plymale aged 14 years who have nominated Mary Ann Plymale their guardian and Mary aged 11 years and Emisetta aged 10 years (-----) then of the said Mary Ann Plymale shall make (-----). Inventory of all the real estate goods chattles rights and credits of said wards that shall come to her (----) or knowledge, return the same unto the Probate Court at such time as the judge may order, dispose of and manage all such effects according to law for the best interest of the wards, faithfully to discharge her trust thereto in relation to the custody maintenance and education of (--) wards, under an oath on act of the property in her hands including proceeds of all real estate sold by her, and of the management and disposition of all such property within one year or at such other time as the Judge shall direct, and a the expisation? of her trust settle her accounts with the Probate Judge or with the wards or their legal representatives lay and deliver over all the estate and effects remaining in her hands or due from her on such settlement to the persons lawfully entitled thereto then this obligation to be said otherwise to remain in full force and operation (--) law. Witness our hands and seals day and date above.

File April 27th 1857
A.P. Stearns P. J.
Entered on record May term 1857

An exhibit of the amount of money which has come into the hands of Mary A. Plymale as guardian for William, Sabastian, Narrissa, Mary and Emisetta Plymale children by her of the late Gabriel Plymale dec. and as portions to which said children were entitled to receive from the estate of said Gabriel Plymale dec. – Sum total received from said estate as belonging to said children, $387.60
From which deduct expenses of guardian in collecting the same – ten percent $38.76
Leaving in hands of guardian for the use and benefit of said heirs when they shall legally be entitled to receive $348.84
And to each one the amount of $69.76
dividing the above amt by five

Mary A. Plymale being duly sworn says the above is a correct statement of the money which has come into her hands from the estate of Gabriel Plymale as guardian of William, Sabastian, Narrissa, Mary and Emmisetta Plymale heirs at law of said Gabriel Plymale.

Nov. 7th 1866
Depositions taken in Jacksonville Jackson County State of Oregon before C. W. Kahler a Notary Public for said County to be used as evidence in a suit for Divorce pending in the Circuit Court of the State of Oregon for the County of Jackson in which Nerrissa Wilkinson is Plaintiff and William A. Wilkinson Defendant – O. Jacobs Atty. Appearing for Plaintiff and J. R. Neal for the State.
Nerrissa Wilkinson being duly sworn deposes and says
Ques 1: Are you the Plaintiff in this suit
Aus: I am
Ques 2: When were you and Defendant married
Aus: On the 8th day of May AD 1859
Ques 3: Where – State County and State
Aus: In Jacksonville Jackson County Oregon
Ques 4: In what County and State have you resided ever since your marriage
Aus: In Jackson County State of Oregon
Ques 5: State whether you and Defendant are now residing together
Aus: No sir
Ques 6: How long has it been since you and Defendant have lived together as man and wife
Aus: About four years and a half
Ques 7: Who left first – he or you?
Aus: I left him
Ques 8: How long has he abandoned you
Aus: About three years and a half
Ques 9: After you left him did you live together afterwards
Aus: No sir!
Ques 10: Why did you leave him
Aus: Because he did not support me and take care of me
Ques 11: Where did you go to
Aus: I went down to my mother’s
Ques 12: State if afterwards you were willing to live with him at any time if he had shown a willingness to support you, take care of you, and provide for you and treat you as a husband ought to treat a wife
Aus: Well I don’t hardly know
Ques 13: State how he treated you immediately before you left – particularly
Aus: Well I was sick a while before he left he would leave me alone and I had to do for myself and take care of myself the best that I could
Ques 14: State if any of the family was sick at the same time
Aus: The babe was very sick
Ques 15: State whether the babe died soon afterwards or not
Aus: yes
Ques 16: State how old your babe was at the time of its death
Aus: Four weeks old
Ques 17: State if he provided anybody to stay with you while you and the babe were sick
Aus: No sir!
Ques 18: State how he treated you when he did come around during your sickness and that of your child
Aus: I could hardly tell for he was there so little when I was sick
Ques 19: State if you were obliged to go to your Mother’s to get provisions and support for yourself and remaining child
Aus: Yes sir
Ques 20: Since the Defendant abandoned you how have you obtained your support
Aus: My folks supported me – my Brothers
Ques 21: How many children were born – the issue of the marriage between yourself and Defendant
Aus: Two
Ques 22: Are both living
Aus: No sir
Ques 23: State whether the one living is a boy or a girl and its age
Aus: It is a boy Six years old
Ques 24: How did you always treat your husband while you lived together
Aus: I always treated him kindly
Ques 25: State whether he has been traveling and living with “hurdy gurdy” women since he left
26: He did a while don’t know whether he does now or not
27: State who has supported and provided for this child since he left
Aus: The child’s Uncles
Ques 28: State whether his father has provided anything for him
Aus: He never has
Cross Examination by Prosecuting Attorney
Ques: You stated in your direct examination that you had been living separate about four and a half years. Have you lived together as husband and wife since the commencement of this period
Aus: No sir
Ques: Did I understand you to say that you left your husband at the commencement of this period
Aus: Yes sir
Ques: You say that he did not procure any one to remain with you during the illness of yourself and your child How far did you reside from your mother’s house at this time.
Aus: Five miles!
Ques: You stated in your direct examination that the Defendant had been traveling with hurdy gurdy women within the last four years. Did you see him traveling with those hurdy gurdy women or did you hear him state that he had been traveling with them
Aus: I did not see him – nor he never told me that he did
Ques: Do you know of any collusion between you and Defendant by which you are to obtain a divorce
Aus: No I don’t know if there is – No there is none
Mrs. N. Wilkinson

Sebastian Plymale being duly sworn deposes and says: Ques: are you acquainted with the parties in this suit
Aus: Yes Sir
Ques: When were they married
Aus: The 8th day of May 1859 I think
Ques: Were you acquainted with them after their marriage
Aus: Yes Sir
Ques: State how he treated her while they lived together and especially just before they ceased to live together
Aus: Just before they ceased to live together they were living in Klippell’s house opposite his dwelling She was taken sick and confined for some time and I don’t know how long during her sickness one of my sisters lived with her a short time She became tired of waiting on Mrs. Wilkinson cutting wood and getting provisions and came to the ranch and ------ the condition of the family – She tried everything in her power to get him to provide necessaries for the house but he refused after she reported I harnessed up a team and brought my mother up and brought flour and meat and --- from the ranch and went to the store and bought groceries My mother finding she was not able to do the work she concluded in order to give her proper attention to move her down to the ranch mother had to carry the wood from the drift wood in the branch She sent down for me to bring the team up and move her She was taken to the ranch and finally got well.
Ques: State if any other of the family were sick at the same time
Aus: The baby was sick very sick at that time it died shortly after she moved down to the ranch Before the baby died we sent for him to come and see it which he refused We sent a second time and he said he had not time. We sent a third time that if he wanted to see his child living he would have to come he came and went to bed between 8 and 9 oclock did not set up at all. The child died the next day between 2 and 3 oclock
Ques: State when you came up and got the provisions whether you found any provisions about the house; wood +c
Aus: I found the house almost destitute of everything that was necessary – There was no wood and no provisions at all.
Ques: State whether it was necessary or not to move her down to her mother’s to supply her with provisions and to give her that attention that she and her child needed
Aus: It was
Ques: State who has supported her since that time
Aus: We have supported her, i.e. my brothers and I have
Ques: What relation are you to the Plaintiff
Aus: I am a brother
Ques: State who has supported the remaining child since that time
Aus: We have, I mean the Plymale brothers
Ques: State how long Defendant has abandoned Plaintiff
Aus: I could not state exactly – but it is over 3 years – About from June until now more than three years
Ques: State if he made any objections to her being moved down to the ranch
Aus: None that I know of
Ques: State what business if any he was following before she went down there and immediately afterward
Aus: He was in no business that I know of
State how Plaintiff has conducted herself since he left
Aus: She acts as ladylike as any woman in town and is respected by everyone I believe
Cross Examination by Prosecuting Attorney
Ques: Do you know of any collusion between the Plaintiff and Defendant by which she is to get a divorce
Aus: I don’t know of any
S. Plymale

Mary Plymale being duly sworn deposes and says:
Ques: Are you acquainted with the parties to this suit Aus: I am
Ques: Did you stop for a while with Plaintiff and Defendant before Plaintiff went down to your mother’s if yea, state if Defendant provided wood and provisions for his family
Aus: I stopped just a week just before she went down to mother’s He did not provide wood and provisions
Ques: State whether Mrs. Wilkinson and the child were well or not
Aus: They were both sick
Ques: How did Mr. Wilkinson treat Mrs. Wilkinson just before she went down to her Mother’s State fully his conduct towards her.
Aus: He never came to the house only to his meals and sometimes not for that. He generally came for his dinner about two oclock in the afternoon and did not stay a minute after eating not even to cut wood and would not come back again until away in the night or near morning. He never went near Mrs. Wilkinson did not pay attention to her at all If she asked him to do anything he told her to wait on herself
Ques by Dist. Atty: Do you know of any collusion existing between the Plaintiff and Deft in this suit enabling this Plaintiff to obtain a divorce
Aus: No I do not
Pod Plymale

Book Q, Pg. 353, Montgomery Co., TN:

Samuella
& Stephen
L. Brodie
Guardian Bond

State of Tennessee Montgomery County

We Thos M. Brodie are bound to the State of
Tennessee in the penalty of Five hundred Dollars
witness our hands and seals this 8 day of Jany
AD 1867
The condition of this obligation is such that whereas
the above bound Thos M Brodie has been
appointed guardian of Samuella Brodie Stephen
Louis Brodie minor children of L Brodie deceased
Now if the said Thos M Brodie shall well and truly
perform and discharge all the duties which are or may
be required of him by law as such guardian
then this obligation shall be void otherwise to remain
in full force and virture?

T. M. Brodie
James Brodie
J. P. Daly

I J. L. Brodie do solemnly swear
that I will -----? and faithfully execute &
perform all the duties inssessed? upon me by law
under the terms of said Trust, deed or assignment
that I ----? to be made a full true & perfect
inventory of all and singular the goods &
chattles ----? or other assetts contained in
said ----? deed or assignments which have
or may come into my hands or the hands
others persons or persons from me and that I will ---? or cause
to be filed in the office of the Clerk a full and
true account of all the sales of said effect of all ---?
----?” or Inventories taken ----? and Subscribed
before me 10 Day of May 1875.
J. L. Brodie

P. Oneal Clerk