Introduction
In genealogy, legal battles can provide fascinating insights into the lives and relationships of our ancestors. One such case, titled “Jackson v. Grissom,” unfolded in the late 19th century and revolved around the estate of John H. Horner, who died in Stoddard County, Missouri, on 2 January 1877. This blog post will explore the intricacies of this case, which I discovered after watching Judy Russell’s NGS Conference presentation, “In that Case: Using the Caselaw Access Project.”
Discovering the Case
Judy taught us how to use CourtListener and case.law. Starting with CourtListener, I searched for cases involving the Whitwell surname from Perry County, Tennessee using the following search terms: “Whitwell (Perry Tennessee)~10.” This means I wanted the word Whitwell plus the words Perry and Tennessee within 10 words of each other. It returned 19 results including this Missouri case.
The case is titled “Jackson v. Grissom” with the additional details of “196 Mo. 624 (Mo. 1906).” I used this information to find a better copy of the case on case.law by navigating to the state of Missouri, choosing “Mo.” (Missouri Reports 1821–1956), selecting volume 196, and searching for the case name.
Seeking Clarity with AI Assistance
As someone without a legal background, I found the case long and confusing. I turned to ChatGPT to explain the document, starting with the “headnotes,” which “provide a summary of the legal issues addressed in the case.” These are the headnotes with ChatGPT’s explanations:
- Size of Type: The court requires abstracts to be printed in a readable type size.
- Confidential Relation: The existence of a confidential relationship between Hunt and the Whitwell family.
- Fraud: Hunt’s fraudulent actions in securing money and land from the Whitwell family and Horner’s devisees.
- Innocent Purchaser: The determination that Mary A. Jackson was not an innocent purchaser.
- Voluntary Conveyance: The transfer of property to Mary A. Jackson was found to be voluntary and fraudulent.
- Laches: The claim was barred due to an unreasonable delay in bringing the lawsuit.
Key Players in the Dispute
I also asked ChatGPT to help me understand the details of this case. It gave me the following information:
The case involved several key individuals:
- John H. Horner: The deceased whose will sparked the legal battle
- Mary Jane Whitwell: A possible relative and caretaker named in the will
- Albert Sidney, Margareth Emiline, and Marselle A. Whitwell: Mary Jane’s children and primary beneficiaries of Horner’s estate
- Horner’s Tennessee Siblings: Disinherited by the will and contested it in court
- Andrew W. Hunt: A manipulative lawyer who exploited the situation
- Milton A. Grissom and David A. Glenn: Defendants who defended the rightful heirs’ claims
The Heart of the Dispute
John H. Horner’s will left significant portions of his estate to the Whitwell children, leaving only small sums to his siblings. Feeling wronged, Horner’s Tennessee siblings challenged the will in both Missouri and Tennessee courts. Andrew W. Hunt, posing as a trustworthy lawyer, convinced Mary Jane Whitwell to give him $1,000 and a deed to Horner’s lands in exchange for settling with the Tennessee heirs. However, Hunt sold the Tennessee land, kept the money, and fraudulently dismissed the lawsuit contesting the will.
Fraudulent Deeds and Legal Proceedings
Hunt fraudulently took the Missouri land deeded to him and transferred it to H. H. Bedford, who was aware of the fraudulent activities. The land was then transferred to E. J. Jackson and his wife, Mary A. Jackson, without proper consideration. In September 1900, Mary A. Jackson filed a lawsuit to confirm her ownership of the land, but Milton A. Grissom and David A. Glenn defended their rightful claim under Horner’s will.
The Court’s Findings and Outcome
The court found that Mary A. Jackson was not an innocent purchaser, her claim was filed too late, and the fraudulent trust deeds should be invalidated. The court ruled in favor of Grissom and Glenn, upholding the legitimacy of John H. Horner’s will and returning the property to the rightful heirs.
Additional Records
In the past 48 hours I have discovered additional records related to this case using traditional searching at FamilySearch and the FamilySearch Labs full-text search. These records include Horner’s will and the fraudulent deed where the Whitwells sold the Missouri land to Hunt for $1. I’ve also discovered many researchers have merged John J. Horner with another John Horner and I look forward to proving they are two different men.
Conclusion
As Judy Russell, The Legal Genealogist, has been teaching us for years, court cases can provide a wealth of not only interesting information that helps to fill in the lives of our ancestors but also genealogical information such as relationships and dates of death. This case provided both.
Your Turn
Did you watch Judy’s presentation? If so, I encourage you to search for cases where your own family might have been involved. Or did you watch other NGS presentations? I encourage you to use what you learned and make discoveries or become a better genealogist. I’d love to hear your stories from NGS and any discoveries you made!
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