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Introduction to E. Smith Administratrix of the Estate of JS Letters of Administration, 17 July 1844 [E. Smith Administratrix of the Estate of JS] Letters of Administration, 17 July 1844, Copy [E. Smith Administratrix of the Estate of JS] Oath, 17 July 1844 [E. Smith Administratrix of the Estate of JS] Oath, 17 July 1844, Copy [E. Smith Administratrix of the Estate of JS] Bond, 17 July 1844 [E. Smith Administratrix of the Estate of JS] Bond, 17 July 1844, Copy [E. Smith Administratrix of the Estate of JS] Warrant, 17 July 1844 [E. Smith Administratrix of the Estate of JS] Docket Entry, Administration Papers, 17 July 1844 [E. Smith Administratrix of the Estate of JS] Inventory and Bill of Appraisal, 7–10 August 1844 [E. Smith Administratrix of the Estate of JS] Oath, 10 August 1844 [E. Smith Administratrix of the Estate of JS] Affidavit, 29 August 1844 [E. Smith Administratrix of the Estate of JS] Docket Entry, Affidavit and Citation, 29 August 1844 [E. Smith Administratrix of the Estate of JS] Citation, 29 August 1844 [E. Smith Administratrix of the Estate of JS] Docket Entry, Citation and Bond, 11 September 1844 [E. Smith Administratrix of the Estate of JS] Docket Entry, Letters of Administration Revoked, 18 September 1844 [E. Smith Administratrix of the Estate of JS]

Introduction to E. Smith Administratrix of the Estate of JS

Page

E. Smith Administratrix of the Estate of JS
Hancock Co., Illinois, Probate Court, 17 July 1844–18 September 1844
 
W. & W. Law v. E. Smith Administratrix of the Estate of JS
Hancock Co., Illinois, Circuit Court, 25 October 1844
 
Historical Introduction
On 17 July 1844, twenty days after JS’s death, the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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Probate Court appointed
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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the administratrix of his estate. JS’s financial situation was extremely complex at the end of his life due to his position as trustee for the Church of Jesus Christ of Latter-day Saints. According to
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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law, any religious organization could be incorporated and elect trustees to hold up to five acres of property for meetinghouses and forty acres for outdoor camp-meeting grounds.
1

An Act to Amend “An Act in relation to Religious Societies” [2 Mar. 1839], Laws of the State of Illinois [1838–1839], p. 267, secs. 1–2; An Act concerning Religious Societies [6 Feb. 1835], Laws of the State of Illinois [1834–1835], pp. 147–149.


Comprehensive Works Cited

Laws of the State of Illinois, Passed by the Eleventh General Assembly at Their Session Began and Held at Vandalia, on the Third of December, One Thousand Eight Hundred and Thirty-Eight. Vandalia, IL: William Walters, 1839.

Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.

JS was elected trustee for the church in January 1841 and thereafter transferred considerable property that he had personally held for the church to himself as trustee, in excess of the forty-five-acre limit established by state law.
2

Appointment as Trustee, 2 Feb. 1841; Oaks and Bentley, “Joseph Smith and Legal Process,” 771–772. Although state law identified this office as a trustee, Latter-day Saints combined this legal title with language from common law conveyances to create the title of “trustee-in-trust” for the church. (Oman, “‘Established Agreeable to the Laws of Our Country,’” 218.)


Comprehensive Works Cited

Oaks, Dallin H., and Joseph I. Bentley. “Joseph Smith and Legal Process: In the Wake of the Steamboat Nauvoo.” Brigham Young University Law Review, no. 3 (1976): 735–782.

Oman, Nathan B. “‘Established Agreeable to the Laws of Our Country’: Mormonism, Church Corporations, and the Long Legacy of America’s First Disestablishment.” Journal of Law and Religion 36, no. 2 (August 2021): 202–229.

In reviewing JS’s estate on 4 July 1844,
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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, his financial clerk and agent, noted that most of JS’s assets were held by JS as church trustee but that most of his debts were personal. Contemplating the challenge of settling the estate, Clayton observed that “the situation looks gloomy.”
3

Clayton, Journal, 4 July 1844.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Conflicts over what property belonged to JS’s personal estate versus what property belonged to the church characterized Emma Smith’s brief tenure as administratrix of the estate.
4

Most of these conflicts were recorded by William Clayton in his journal. Emma Smith’s motivations, thoughts, and voice are largely absent from the historical record at this point, although her son Joseph Smith III later recorded that the family believed they had been “subjected gradually to a series of injustices” through the administration of JS’s estate. (“The Memoirs of President Joseph Smith: Oppression,” Saints’ Herald, 29 Jan. 1935, 144.)


Comprehensive Works Cited

Saints’ Herald. Independence, MO. 1860–.

 
E. Smith Administratrix of the Estate of JS
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
law specified that a widow had preference over all other claimants to administer her husband’s estate.
5

An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, pp. 698–699, sec. 51.


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

Accordingly, in early July 1844,
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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began taking the initial steps to supervise her late husband’s estate. In preparation, she worked closely with
Iowa Territory

Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...

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attorney
James W. Woods

Ca. 1800–1886. Lawyer. Born near Boston, in Middlesex Co., Massachusetts. Son of Nehemiah Woods and Mary. Moved to Lincoln, Grafton Co., Massachusetts, by Feb. 1802. Moved to Virginia, 1824. Admitted to bar, 1827, in Lewisburg, Greenbrier Co., Virginia (later...

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and
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

View Full Bio
to review JS’s financial affairs.
6

See Clayton, Journal, 3–4 July 1844.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

For example, on the advice of Woods, she had seven significant deeds recorded at
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, Illinois, including three deeds conveying property to JS as trustee for the church and three deeds from JS conveying property to her or their children.
7

Although Nauvoo had established an office to record deeds in 1842, Woods argued that this action had been illegal, meaning that the deeds recorded by the city would not have been recognized as legal copies. Among the deeds Emma Smith took to be recorded in Carthage are two deeds from John and Malinda Robinson Barnett transferring property to JS and his minor sons, one deed from Daniel H. and Eliza Robison Wells to JS for the temple lot, three deeds from JS conveying property to Emma or their minor children, and a deed for a lot in Nauvoo donated to the church by Orson and Marinda Nancy Johnson Hyde. (Clayton, Journal, 4 July 1844; Ordinance, 5 Mar. 1842–B; Deed, John and Malinda Robinson Barnett to Joseph Smith III and Others, 21 Mar. 1842; Deed from John and Malinda Robinson Barnett, 15 Jan. 1844; Deed from Daniel H. and Eliza Robison Wells, 4 Feb. 1843; Deed to Emma Smith and Others, 12 July 1843; Deed to Emma Smith, 13 June 1842; Deed to Julia M. Smith and Others, 31 Dec. 1841; Deed from Orson and Marinda Nancy Johnson Hyde, 10 Feb. 1843.)


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

These and other early efforts to prepare JS’s estate for the probate court were complicated by competing claims over the church’s assets. Within a week of JS’s and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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’s murders, their mother,
Lucy Mack Smith

8 July 1775–14 May 1856. Oilcloth painter, nurse, fund-raiser, author. Born at Gilsum, Cheshire Co., New Hampshire. Daughter of Solomon Mack Sr. and Lydia Gates. Moved to Montague, Franklin Co., Massachusetts, 1779; to Tunbridge, Orange Co., Vermont, 1788...

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, began pushing for their brother
Samuel Smith

13 Mar. 1808–30 July 1844. Farmer, logger, scribe, builder, tavern operator. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Royalton, Windsor Co., Vermont, by Mar. 1810; to Lebanon, Grafton Co., New Hampshire, 1811...

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to come to
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, be appointed church
patriarch

An ecclesiastical and priesthood office with the authority to give inspired blessings, similar to the practice of Old Testament patriarchs. JS occasionally referred to patriarchs as “evangelical ministers” or “evangelists.” Joseph Smith Sr. was ordained as...

View Glossary
, and—against the wishes of Emma Smith—take control of the church property that JS had held. Fearing that JS’s creditors would aggressively pursue their claims and demand payment at any sign of infighting, Clayton counseled the family to exercise patience, arguing that if they would “keep still there is property enough to pay the debts and plenty left for other uses.”
8

Clayton, Journal, 2 July 1844.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Although Samuel Smith was recognized by many as a potential successor to JS or Hyrum Smith, his subsequent illness and death on 30 July 1844 forestalled any further conflict over his taking control of the church assets in JS’s name.
9

Clayton, Journal, 12 July and 1 Aug. 1844; Historian’s Office, General Church Minutes, 8 Aug. 1844; Hugh Herringshaw, Nauvoo, IL, to William Smith, [Philadelphia, PA], 28 Aug. 1844, in Prophet, 21 Sept. 1844, [2]; Jonathan C. Wright, Nauvoo, IL, to William Smith, [Philadelphia, PA], 28 Aug. 1844, in Prophet, 21 Dec. 1844, [2]–[3]; Lucy Mack Smith, History, 1845, 312–314.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Historian’s Office. General Church Minutes, 1839–1877. CHL

The Prophet. New York City, NY. May 1844–Dec. 1845.

Nevertheless, the question of who would succeed JS as president or trustee of the church remained crucial for settling the estate. Throughout early July,
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
repeatedly urged the few church leaders in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
to immediately appoint Nauvoo stake president
William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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as JS’s successor in the role of trustee and likely president of the church as well.
10

Clayton, Journal, 4, 8, 12, and 13 July 1844; Richards, Journal, 8 July 1844; Monroe, Journal, 24 Apr. 1845.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

Monroe, James M. Journal, 1841–1842, 1845. CHL.

However, in the absence of other senior church leaders, apostle
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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and
William W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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took control of church affairs in Nauvoo. These men, as well as recently returned apostle
Parley P. Pratt

12 Apr. 1807–13 May 1857. Farmer, editor, publisher, teacher, school administrator, legislator, explorer, author. Born at Burlington, Otsego Co., New York. Son of Jared Pratt and Charity Dickinson. Traveled west with brother William to acquire land, 1823....

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, pushed to delay appointing new trustees until after a majority of the
Quorum of the Twelve Apostles

Members of a governing body in the church, with special administrative and proselytizing responsibilities. A June 1829 revelation commanded Oliver Cowdery and David Whitmer to call twelve disciples, similar to the twelve apostles in the New Testament and ...

View Glossary
had returned to the city.
11

Clayton, Journal, 6, 7, 12, and 14 July 1844; Richards, Journal, 14 July 1844.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

Although their view won out, their actions frustrated many influential church members and local leaders, including Emma Smith. On several occasions, Smith expressed to
Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

View Full Bio
that she was “dissatisfied” with the conduct of Richards and Phelps and that she felt they were taking advantage of her. On one occasion, Clayton said, she threatened to “do the church all the injury she can” by claiming church real estate if they did not appoint a trustee of whom she approved.
12

Clayton, Journal, 6 and 13–15 July 1844.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

On 15 July, Clayton served as an intermediary between Smith and Richards, Pratt, and Phelps, obtaining a list of potential trustees that seemingly left her feeling “better satisfied” with the interim arrangements.
13

At this stage, Phelps, Richards, and Pratt were planning to appoint four trustees to supervise church assets. At the 15 July meeting with Clayton, they relayed to Emma Smith their inclination to nominate Clayton and Alpheus Cutler as two of the trustees. (Clayton, Journal, 14–15 July 1844.)


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

With the question of who would succeed JS as trustee for the church still unsettled,
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
moved forward with her claims to his estate. On 17 July 1844, she,
William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

View Full Bio
,
Edward Hunter

22 June 1793–16 Oct. 1883. Farmer, currier, surveyor, merchant. Born at Newtown Township, Delaware Co., Pennsylvania. Son of Edward Hunter and Hannah Maris. Volunteer cavalryman in Delaware Co. militia, 1822–1829. Served as Delaware Co. commissioner. Moved...

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, and her nephew
Lorenzo D. Wasson

1819–28 July 1857. Born in New York. Son of Benjamin Wasson and Elizabeth Hale. Lived at Harpursville, Broome Co., New York, by 1836. Moved to Farmington, Fulton Co., Illinois, Aug. 1836; to Palestine Grove, Ogle Co. (later Amboy, Lee Co.), Illinois, Dec....

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traveled to
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, Illinois, to attend the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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Probate Court, presided over by
David Greenleaf

6 May 1803–7 Apr. 1890. Dry goods merchant, county commissioner, justice of the peace, farmer, postmaster, druggist. Born in Hartford, Hartford Co., Connecticut. Son of David Greenleaf and Nancy Jones. Moved to Boston, ca. 1820. Returned to Hartford, ca. ...

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.
14

Richards, Journal, 17 July 1844; Hancock Co., IL, County Court, Probate Journals, 1839–1923, vol. A, pp. 340–342, 17 July 1844, microfilm 954,481, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

U.S. and Canada Record Collection. FHL.

After Smith presented the facts of her husband’s death and testified that he had property in
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
, she formally petitioned to be named the administratrix of his estate.
15

Hancock Co., IL, County Court, Probate Journals, 1839–1923, vol. A, pp. 340–342, 17 July 1844, microfilm 954,481, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

As required by law, she took an oath and signed a security bond promising to fulfill her legal responsibilities as administratrix. Marks and Hunter signed the bond as surety. The bond included a $2,000 penalty for failure to comply. According to Illinois state law, the amount in the bond was set by the probate justice and was supposed to be equal to roughly twice the value of the estate.
16

Oath, 17 July 1844 [E. Smith Administratrix of the Estate of JS]; Bond, 17 July 1844 [E. Smith Administratrix of the Estate of JS]; An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, p. 703, sec. 64.


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

The court then granted Smith letters of administration authorizing her to settle JS’s estate.
17

Letters of Administration, 17 July 1844 [E. Smith Administratrix of the Estate of JS].


The court also issued a warrant to
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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,
Alpheus Cutler

29 Feb. 1784–10 June 1864. Stonemason. Born in Plainfield, Cheshire Co., New Hampshire. Son of Knight Cutler and Elizabeth Boyd. Married Lois Lathrop, 17 Nov. 1808, in Lebanon, Grafton Co., New Hampshire. Moved to Upper Lisle, Broome Co., New York, ca. 1808...

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, and
Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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, enabling them to appraise the “goods,
chattels

A comprehensive term that includes all kinds of tangible or intangible property, except real estate. It is normally “a more extensive term than goods or effects,” as even debtors, captives or apprentices taken in execution may be considered chattels.

View Glossary
, and personal estate” of JS.
18

Warrant, 17 July 1844 [E. Smith Administratrix of the Estate of JS]. Illinois law directed probate justices to appoint “three persons of discretion, not related to the deceased, nor interested in the administration of the estate” to appraise the assets of an estate. Emma Smith likely suggested that the court appoint Cahoon, Cutler, and Clayton as appraisers. Because of Cahoon’s and Cutler’s roles as members of the Nauvoo Temple Committee and Clayton’s position as JS’s financial clerk, the three men were likely intimately aware of JS’s financial situation. Emma Smith had also worked closely with these three men to prepare JS’s estate for settlement. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, pp. 706–707, sec. 78; Clayton, Journal, 3, 4, 12, and 15 July 1844.)


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

Clayton, William. Journals, 1842–1845. CHL.

After Smith had been appointed administratrix, she formally petitioned the court to appoint her as the guardian of her minor children, which was granted.
19

Hancock Co., IL, County Court, Probate Journals, 1839–1923, vol. A, pp. 340–342, 17 July 1844, microfilm 954,481, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
and her trusted advisers then began working to settle the estate. One of the largest outstanding financial obligations was the approximately $3,800 that had been assigned to JS as part of his guardianship of the minor children of
Edward Lawrence

ca. 1800–1839. Born in New York. Son of John Lawrence and Letitia. Moved to Pickering, York Co. (later in Ontario), Upper Canada, by 1811. Married Margaret Major, ca. 1822, in Ontario. Baptized into Church of Jesus Christ of Latter-day Saints, 1837, in Ontario...

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. Although JS had initiated an attempt to transfer this obligation and role to
John Taylor

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland, England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodist church and was local preacher. Migrated ...

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, these efforts were yet incomplete.
20

Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS.


On 30 July, Emma Smith and
Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

View Full Bio
traveled to
Quincy

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland, England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodist church and was local preacher. Migrated ...

View Full Bio
, Illinois, to resolve the guardianship, but Probate Justice of the Peace Andrew Miller informed them that settling “the Lawrence business” was impossible without the appointment of another guardian.
21

Clayton, Journal, 30–31 July 1844. The issue of JS’s financial obligations as guardian of the Lawrence children would not be settled until 1846. (See Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS.)


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Frustrated in their early efforts to settle this sizable obligation, Smith and Clayton turned to managing the rest of JS’s estate. In early August 1844,
Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

View Full Bio
,
Cutler

29 Feb. 1784–10 June 1864. Stonemason. Born in Plainfield, Cheshire Co., New Hampshire. Son of Knight Cutler and Elizabeth Boyd. Married Lois Lathrop, 17 Nov. 1808, in Lebanon, Grafton Co., New Hampshire. Moved to Upper Lisle, Broome Co., New York, ca. 1808...

View Full Bio
, and Clayton began inventorying and appraising JS’s personal effects. They spent the morning of 7 August 1844 inventorying the property at JS’s and Emma Smith’s
farm

JS purchased one hundred fifty-three acres for farm, 16 Sept. 1841, to be paid off over time. Located about three miles east of Nauvoo on south side of Old Road to Carthage. Farm managed by Cornelius P. Lott and wife, Permelia. JS frequently labored on farm...

More Info
and then 10 August doing the same in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
.
22

Clayton, Journal, 7 and 10 Aug. 1844.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Their appraisal identified $1,022.25 of personal property belonging to JS. This did not include land or real estate owned by JS, which was dealt with separately under
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
law, nor did it include any property owned by JS as trustee for the church.
23

An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, pp. 711–712, secs. 98-102.


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

On 10 August 1844, they certified their inventory as correct and formally signed their oaths as appraisers. Emma Smith likewise certified their appraisal as a “true and perfect inventory” of JS’s effects. Although completed on 10 August, the inventory was not submitted to the probate court until 21 October 1844, likely due to subsequent conflicts over the administration of JS’s estate.
24

Warrant, 17 July 1844 [E. Smith Administratrix of the Estate of JS]; Inventory and Bill of Appraisal, 7–10 Aug. 1844 [E. Smith Administratrix of the Estate of JS].


While the appraisers started their work, the majority of the Quorum of the Twelve Apostles returned to
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
in early August. On 8 August 1844, a special
conference

A meeting where ecclesiastical officers and other church members could conduct church business. The “Articles and Covenants” of the church directed the elders to hold conferences to perform “Church business.” The first of these conferences was held on 9 June...

View Glossary
of the church voted to recognize the Quorum of the Twelve as JS’s successors.
25

Historian’s Office, General Church Minutes, 8 Aug. 1844.


Comprehensive Works Cited

Historian’s Office. General Church Minutes, 1839–1877. CHL

That same day, just before the conference,
Heber C. Kimball

14 June 1801–22 June 1868. Blacksmith, potter. Born at Sheldon, Franklin Co., Vermont. Son of Solomon Farnham Kimball and Anna Spaulding. Married Vilate Murray, 22 Nov. 1822, at Mendon, Monroe Co., New York. Member of Baptist church at Mendon, 1831. Baptized...

View Full Bio
,
Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

View Full Bio
, and
Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

View Full Bio
met with
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
to deliver funds from a land sale that Kimball had collected in the eastern
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
. During their meeting Kimball “bore testimony to her of the good feelings of the Twelve towards her.”
26

Clayton, Journal, 8 Aug. 1844.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

However, with the Twelve now returned and recognized as the leaders of the church, the issue of appointing church trustees resurfaced. On 9 August 1844, the Twelve nominated
bishops

An ecclesiastical and priesthood office. JS appointed Edward Partridge as the first bishop in February 1831. Following this appointment, Partridge functioned as the local leader of the church in Missouri. Later revelations described a bishop’s duties as receiving...

View Glossary
Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
and
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

View Full Bio
as trustees for the church, and on 12 August the two men signed a certificate and legally assumed the role.
27

Richards, Journal, 9 Aug. 1844; Newel K. Whitney and George Miller, Appointment as Trustees, 12 Aug. 1844, Nauvoo Trustees Papers, 1844–1848, CHL.


Comprehensive Works Cited

Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

Nauvoo Trustees Papers, 1844–1848. CHL.

This appointment of trustees evidently rekindled earlier debates over the separation of church assets from JS’s personal assets, and in mid-August,
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
, based on the advice of her attorneys, asserted a claim over the assets held by the trustees of the church. On 15 August, she and
Woods

Ca. 1800–1886. Lawyer. Born near Boston, in Middlesex Co., Massachusetts. Son of Nehemiah Woods and Mary. Moved to Lincoln, Grafton Co., Massachusetts, by Feb. 1802. Moved to Virginia, 1824. Admitted to bar, 1827, in Lewisburg, Greenbrier Co., Virginia (later...

View Full Bio
directed
Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

View Full Bio
to compile a list of all land titles in the hands of the church trustees, all land titles bought or sold by JS as trustee, all promissory notes and accounts held by JS as trustee, and any other assets held by JS as trustee.
28

Clayton, Journal, 15 Aug. 1844. Emma Smith’s and James Woods’s motivations for making this claim are unclear. A subsequent letter from Quincy attorney James Ralston helps elucidate the legal arguments that had been made by Woods. Sometime in August 1844, Smith evidently requested that Ralston investigate her claim to a farm in Adams County. In his 20 August 1844 response, Ralston stated that she and JS had transferred it to JS as trustee for the church and that the deed specified that she had no claim on the property. However, Ralston also argued that because the church could not hold real estate beyond what was allowed by state law, the deed was void and title should revert to Emma Smith upon JS’s death. In light of this argument, Ralston counseled Smith to look to her “legal rights” and stake a claim on the property “before the church or any person in their behalf has taken possession of this land or procured even acknowledgement of them.” (James H. Ralston to Emma Smith, 20 Aug. 1844, microfilm, reel 25, Wilford C. Wood Collection of Church Historical Materials, CHL.)


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Wood, Wilford C. Collection of Church Historical Materials. Microfilm. CHL. MS 8617.

Of particular interest was the Maid of Iowa steamboat, which Woods argued should have been listed on the inventory of property that had been appraised by Clayton,
Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

View Full Bio
, and
Cutler

29 Feb. 1784–10 June 1864. Stonemason. Born in Plainfield, Cheshire Co., New Hampshire. Son of Knight Cutler and Elizabeth Boyd. Married Lois Lathrop, 17 Nov. 1808, in Lebanon, Grafton Co., New Hampshire. Moved to Upper Lisle, Broome Co., New York, ca. 1808...

View Full Bio
.
29

Clayton, Journal, 15 Aug. 1844. The Maid of Iowa steamboat had been purchased from Dan Jones by JS, then transferred to Emma Smith, and then to JS as trustee-in-trust of the church. Church leaders, as well as Jones, considered the boat to be church property. In August 1844, Jones renegotiated JS’s debt from purchasing the steamboat not through Emma Smith or the legal estate proceedings, but through trustees Newel K. Whitney and George Miller. (Introduction to Moffet Administrator of the Estate of JS; Claim, ca. Aug. 1844 [E. Smith Administratrix of the Estate of JS]; see also Pay Order, 25 Aug. 1844 [E. Smith Administratrix of the Estate of JS]; Pay Order, ca. Aug. 1844 [E. Smith Administratrix of the Estate of JS].)


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Clayton feared that Woods was “laying a deep plan to find out the situation of the private & public matters of the Church and to lay a trap for our ruin,” and he objected to this course of action. He later sought counsel from
Brigham Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

View Full Bio
and
Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
, who agreed that Woods should not interfere “with the business of the Trustee in Trust.” Clayton then returned to Smith, informed her of his suspicions, and said he would not lend his hand “to ruin the church.” This refusal led to a severe argument over finances, as well as certain “secret things” (likely plural marriage) that Emma Smith believed had led to the deaths of JS and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
.
30

Clayton, Journal, 15 Aug. 1844.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Following this fight, the working relationship between Clayton and Emma Smith deteriorated. Smith subsequently accused Clayton of stealing $200 in gold and refused him access to her husband’s papers and desk, although Clayton claimed these belonged to the Nauvoo Temple Committee.
31

Clayton, Journal, 17–19 Aug. 1844. In addition to further damaging her relationship with Clayton and other church leaders, these actions potentially violated Illinois law, which stipulated that “the books of account of any deceased person shall be subject to the inspection of all persons interested therein.” (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, p. 709, sec. 87.)


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

On 27 August, Cahoon and Clayton forcibly removed the desk from Smith’s home, although she had already emptied it of its contents. By that time, Smith’s relationship with the church had completely soured.
32

In his journal Clayton numbered Emma Smith among those in Nauvoo who opposed the Twelve Apostles and who argued that “there is no church.” Knowledge of this conflict was so widespread that in early September 1844, the Warsaw Signal reported that there was “considerable disaffection on account of the conduct of Emma, in relation to the property belonging to the church” and that rumors abounded that she was going to leave Nauvoo and the church. (Clayton, Journal, 17–19, and 27 Aug. 1844; “Mormon News,” Warsaw [IL] Signal, 4 Sept. 1844, [2]).


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Warsaw Signal. Warsaw, IL. 1841–1853.

In addition, Smith appropriated a $1,000 loan JS had obtained for the city of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
as a personal asset of JS’s estate, leading to a conflict between her and city officials, including Clayton.
33

At the time of the dispute, city leaders were facing a crisis over their inability to pay city officers for their service. At a meeting of the city council on 10 August 1844, city marshal John P. Greene noted that “there was no money in the Tresury” to pay their obligations, so the loss of the $1,000 loan was keenly felt by the city. (Clayton, Journal, 8 July 1844; Pay Order, 22 Aug. 1844 [E. Smith Administratrix of the Estate of JS]; Nauvoo City Council Rough Minute Book, 10 Aug. 1844, 43–45.)


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

While
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
feuded with church and civic leaders in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
over finances, the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Probate Court reevaluated her appointment as administratrix of JS’s estate. On 29 August 1844,
Almon Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

View Full Bio
appeared before the court and testified that he believed that the security bond signed by Smith,
Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

View Full Bio
, and
Hunter

22 June 1793–16 Oct. 1883. Farmer, currier, surveyor, merchant. Born at Newtown Township, Delaware Co., Pennsylvania. Son of Edward Hunter and Hannah Maris. Volunteer cavalryman in Delaware Co. militia, 1822–1829. Served as Delaware Co. commissioner. Moved...

View Full Bio
was “insufficient for the protecti[on] of the creditiors of the Estate.”
34

Affidavit, 29 Aug. 1844 [E. Smith Administratrix of the Estate of JS]. Illinois law allowed creditors and other interested parties to challenge the security bonds issued by the court. In his affidavit, Babbitt represented himself as a creditor to JS’s estate, but there are no known outstanding debts to Babbitt as part of the estate at the time of his affidavit. A week after he swore his affidavit, the Hancock County Probate Court appointed Babbitt the guardian of the minor children of Edward Lawrence, making him responsible for the over $3,000 financial obligation JS had to those children. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, p. 705, sec. 74; Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS.)


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

Judge Greenleaf

6 May 1803–7 Apr. 1890. Dry goods merchant, county commissioner, justice of the peace, farmer, postmaster, druggist. Born in Hartford, Hartford Co., Connecticut. Son of David Greenleaf and Nancy Jones. Moved to Boston, ca. 1820. Returned to Hartford, ca. ...

View Full Bio
issued a
citation

A writ commanding a person to “appear and do something therein mentioned, or to show cause why he should not.”

View Glossary
to Smith, directing her to appear before the court on 11 September 1844 to answer Babbitt’s allegations.
35

Citation, 29 Aug. 1844 [E. Smith Administratrix of the Estate of JS].


When she failed to appear on the appointed day, the court summarily ruled that she needed to sign a new bond with the penal sum of $6,000 within five days of the court’s decision.
36

Hancock Co., IL, County Court, Probate Journals, 1839–1923, vol. A, pp. 353–354, 11 Sept. 1844, microfilm 954,481, U.S. and Canada Record Collection, FHL. The discrepancy between the over $3,000 obligation to Babbitt as guardian of the minor children of Edward Lawrence and the $2,000 penal sum initially signed by Emma Smith likely provided the rationale for the court to increase the bond to approximately double the amount owed to Babbitt as guardian, as required by law. (Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS; Bond, 17 July 1844 [E. Smith Administratrix of the Estate of JS]; An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, p. 703, sec. 64.)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

After Smith did not comply with the order to give a new security bond, the court formally revoked her letters of administration on 18 September 1844.
37

Hancock Co., IL, County Court, Probate Journals, 1839–1923, vol. A, pp. 354–355, 18 Sept. 1844, microfilm 954,481, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

The court appointed
Joseph W. Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
as administrator of the estate the following day.
38

See Introduction to Coolidge Administrator of the Estate of JS.


 
W. & W. Law v. E. Smith Administratrix of the Estate of JS
While
Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
’s administration of her husband’s estate was being challenged, former Latter-day Saints
William

8 Sept. 1809–12/19 Jan. 1892. Merchant, millwright, physician. Born in Co. Tyrone, Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co...

View Full Bio
and
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

View Full Bio
initiated an
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money, but not done under seal or by matter of record. Assumpsit was a form of trespass on the case.

View Glossary
suit to claim $300 in damages. The nature of the original obligation is unknown. On 3 September 1844, the Laws through their attorneys initiated the lawsuit in the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Circuit Court and the court issued a summons to Smith as administratrix of JS’s estate and subpoenas for three witnesses. Smith did not receive her summons until 27 September 1844, nine days after she had been dismissed as the administrator of JS’s estate.
39

Praecipe, ca. 2 Sept. 1844–A [W. & W. Law v. E. Smith Administratrix of the Estate of JS]; Subpoena, 3 Sept. 1844 [W. & W. Law v. E. Smith Administratrix of the Estate of JS]; Summons, 3 Sept. 1844 [W. & W. Law v. E. Smith Administratrix of the Estate of JS].


The suit was scheduled to be heard at the October term of the court, but William and Wilson Law failed to file their declaration as required by law. When the case came to trial on 22 October 1844, the court continued it to the next session “for want of a declaration.”
40

Docket Entry, Continuance, 22 Oct. 1844 [W. & W. Law v. E. Smith Administratrix of the Estate of JS].


Three days later, Wilson Law personally petitioned the court to dismiss the suit at plaintiff’s costs, which was done.
41

Motion, ca. 24 Oct. 1844 [W. & W. Law v. E. Smith Administratrix of the Estate of JS].


The court recouped its costs in May 1845.
42

Docket Entry, ca. 28 May 1845 [W. & W. Law v. E. Smith Administratrix of the Estate of JS].


 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
E. Smith Administratrix of the Estate of JS, Hancock Co., Illinois, Probate Court

1844 (12)

July (5)

17 July 1844

David Greenleaf, Letters of Administration, to Emma Smith, for JS, Carthage, Hancock Co., IL

  • 17 July 1844. Not extant.
  • 17 July 1844; microfilm in reel 25 of Wilford C. Wood, Collection of Church Historical Materials, CHL; handwriting of David Greenleaf; docket in unidentified handwriting.
  • Ca. 17 July 1844; Hancock County Probate Court, Probate Record, vol. C, pp. 28–29, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
17 July 1844

Emma Smith, Oath, before David Greenleaf, Carthage, Hancock Co., IL

  • 17 July 1844; BYU; printed form with manuscript additions in handwriting of David Greenleaf; signature of Emma Smith; docket and notation in handwriting of David Greenleaf.
  • Ca. 17 July 1844; Hancock County Probate Court, Probate Record, vol. C, p. 29, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
17 July 1844

Emma Smith and Others, Bond, Hancock Co., IL, to “the people of the State of Illinois”

  • 17 July 1844; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; handwriting of David Greenleaf; signatures of Emma Smith, William Marks, Edward Hunter; docket and notation in handwriting of David Greenleaf.
  • Ca. 17 July 1844; Hancock County Probate Court, Probate Record, vol. C, pp. 27–28, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
17 July 1844

David Greenleaf, Warrant, to Reynolds Cahoon and Others, Carthage, Hancock Co., IL

  • 17 July 1844; Joseph Smith Estate Appraisal, 1844 July–August, CHL; printed form with manuscript additions in handwriting of David Greenleaf.
    1

    Clayton, Journal, 7 and 10 Aug. 1844. The warrant included an oath printed at the bottom of the page, which was sworn to by Reynolds Cahoon, Alpheus Cutler, and William Clayton before justice of the peace Aaron Johnson on 10 August 1844. At one point, the leaf containing the warrant and oath was attached to the 7–10 August 1844 inventory. (Oath, 10 Aug. 1844 [E. Smith Administratrix of the Estate of JS]; Inventory and Bill of Appraisal, 7–10 Aug. 1844 [E. Smith Administratrix of the Estate of JS].)


    Comprehensive Works Cited

    Clayton, William. Journals, 1842–1845. CHL.

17 July 1844

Docket Entry, Administration Papers, Carthage, Hancock Co., IL

  • 17 July 1844; Hancock County Probate Court, Probate Record, vol. A, p. 341, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.

August (5)

7–10 August 1844

Reynolds Cahoon and Others, Inventory and Bill of Appraisal, Hancock Co., IL

  • 7–10 Aug. 1844;
    1

    Clayton, Journal, 7 and 10 Aug. 1844. At one point, the inventory was attached to a leaf containing the 17 July 1844 warrant instructing Reynolds Cahoon, Alpheus Cutler, and William Clayton to appraise JS’s property and the 10 August 1844 oath sworn by the appraisers. (Warrant, 17 July 1844 [E. Smith Administratrix of the Estate of JS]; Oath, 10 Aug. 1844 [E. Smith Administratrix of the Estate of JS].)


    Comprehensive Works Cited

    Clayton, William. Journals, 1842–1845. CHL.

    Joseph Smith Estate Appraisal, 1844 July–August, CHL; handwriting of William Clayton; certification in handwriting of David Greenleaf with signature of Emma Smith; docket in handwriting of Emma Smith; notations in handwriting of David Greenleaf.
10 August 1844

Reynolds Cahoon and Others, Oath, before Aaron Johnson, Nauvoo, Hancock Co., IL

  • 10 Aug. 1844; Joseph Smith Estate Appraisal, 1844 July–August, CHL; printed form with manuscript additions in handwriting of Aaron Johnson and David Greenleaf; signatures of Reynolds Cahoon, Alpheus Cutler, and William Clayton.
    1

    The oath was printed on the same page as the 17 July 1844 warrant instructing Reynolds Cahoon, Alpheus Cutler, and William Clayton to appraise JS’s property. At one point, the leaf containing the warrant and oath was attached to the 7–10 August 1844 inventory. (Warrant, 17 July 1844 [E. Smith Administratrix of the Estate of JS]; Inventory and Bill of Appraisal, 7–10 Aug. 1844 [E. Smith Administratrix of the Estate of JS].)


29 August 1844

Almon Babbitt, Affidavit, before David Greenleaf, Carthage, Hancock Co., IL

  • 29 Aug. 1844; Hancock County Courthouse, Carthage, IL; handwriting of Almon Babbitt; signature of David Greenleaf; notation in handwriting of David Greenleaf.
29 August 1844

Docket Entry, Affidavit and Citation, Carthage, Hancock Co., IL

  • 29 Aug. 1844; Hancock County Probate Court, Probate Record, vol. A, p. 351, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
29 August 1844

David Greenleaf, Citation, to Hancock Co. Sheriff or Constable, Carthage, Hancock Co., IL

  • 29 Aug. 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David Greenleaf; docket and notations in handwriting of Miner R. Deming.

September (2)

11 September 1844

Docket Entry, Citation and Bond, Carthage, Hancock Co., IL

  • 11 Sept. 1844; Hancock County Probate Court, Probate Record, vol. A, p. 354, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
18 September 1844

Docket Entry, Letters of Administration Revoked, Carthage, Hancock Co., IL

  • 18 Sept. 1844; Hancock County Probate Court, Probate Record, vol. A, p. 354, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
 
W. & W. Law v. E. Smith Administratrix of the Estate of JS, Hancock Co., Illinois, Circuit Court

1844 (7)

September (4)

Ca. 2 September 1844

Warren & Higbee on behalf of W. & W. Law, Praecipe, to Hancock Co. Circuit Court Clerk, Carthage, Hancock Co., IL, ca. 2 Sept. 1844–A

  • Ca. 2 Sept. 1844; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, Twentieth-Century Western and Mormon Manuscripts, BYU; unidentified handwriting; docket in unidentified handwriting; notation probably in handwriting of David E. Head.
Ca. 2 September 1844

Warren & Higbee on behalf of W. & W. Law, Praecipe, to Hancock Co. Circuit Court Clerk, Carthage, Hancock Co., IL, ca. 2 Sept. 1844–B

  • Ca. 2 Sept. 1844; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, Twentieth-Century Western and Mormon Manuscripts, BYU; unidentified handwriting; docket in unidentified handwriting; notation probably in handwriting of David E. Head.
3 September 1844

David E. Head on behalf of Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for Emma Smith Administratrix of the Estate of JS, Carthage, Hancock Co., IL

  • 3 Sept. 1844; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, Twentieth-Century Western and Mormon Manuscripts, BYU; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Miner R. Deming; notation in handwriting of David E. Head.
3 September 1844

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Isaac Alred and Others, Carthage, Hancock Co., IL

  • 3 Sept. 1844; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, Twentieth-Century Western and Mormon Manuscripts, BYU; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Miner R. Deming; notation in handwriting of David E. Head.

October (3)

22 October 1844

Docket Entry, Continuance, Carthage, Hancock Co., IL

  • 22 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 178, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 24 October 1844

Wilson Law, Motion, Carthage, Hancock Co., IL

  • Ca. 24 Oct. 1844; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Almon Babbitt; signature of Wilson Law; docket in handwriting of Almon Babbitt; notation probably in handwriting of Jacob B. Backenstos.
25 October 1844

Docket Entry, Dismissal, Carthage, Hancock Co., IL

  • 25 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 202, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

1845 (2)

February (1)

Between 22 November 1844 and 20 February 1845

Docket Entry, Fieri Facias, Carthage, Hancock Co., IL

  • Between 22 Nov. 1844 and 20 Feb. 1845; Hancock County Circuit Court, Execution Docket, vol. B, p. [197], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.

May (1)

Ca. 28 May 1845

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 28 May 1845; Hancock County Circuit Court, Judgment Docket, vol. B, p. 91, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
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Editorial Title
Introduction to E. Smith Administratrix of the Estate of JS
ID #
20065
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1
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    Footnotes

    1. [1]

      An Act to Amend “An Act in relation to Religious Societies” [2 Mar. 1839], Laws of the State of Illinois [1838–1839], p. 267, secs. 1–2; An Act concerning Religious Societies [6 Feb. 1835], Laws of the State of Illinois [1834–1835], pp. 147–149.

      Laws of the State of Illinois, Passed by the Eleventh General Assembly at Their Session Began and Held at Vandalia, on the Third of December, One Thousand Eight Hundred and Thirty-Eight. Vandalia, IL: William Walters, 1839.

      Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.

    2. [2]

      Appointment as Trustee, 2 Feb. 1841; Oaks and Bentley, “Joseph Smith and Legal Process,” 771–772. Although state law identified this office as a trustee, Latter-day Saints combined this legal title with language from common law conveyances to create the title of “trustee-in-trust” for the church. (Oman, “‘Established Agreeable to the Laws of Our Country,’” 218.)

      Oaks, Dallin H., and Joseph I. Bentley. “Joseph Smith and Legal Process: In the Wake of the Steamboat Nauvoo.” Brigham Young University Law Review, no. 3 (1976): 735–782.

      Oman, Nathan B. “‘Established Agreeable to the Laws of Our Country’: Mormonism, Church Corporations, and the Long Legacy of America’s First Disestablishment.” Journal of Law and Religion 36, no. 2 (August 2021): 202–229.

    3. [3]

      Clayton, Journal, 4 July 1844.

      Clayton, William. Journals, 1842–1845. CHL.

    4. [4]

      Most of these conflicts were recorded by William Clayton in his journal. Emma Smith’s motivations, thoughts, and voice are largely absent from the historical record at this point, although her son Joseph Smith III later recorded that the family believed they had been “subjected gradually to a series of injustices” through the administration of JS’s estate. (“The Memoirs of President Joseph Smith: Oppression,” Saints’ Herald, 29 Jan. 1935, 144.)

      Saints’ Herald. Independence, MO. 1860–.

    5. [5]

      An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, pp. 698–699, sec. 51.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    6. [6]

      See Clayton, Journal, 3–4 July 1844.

      Clayton, William. Journals, 1842–1845. CHL.

    7. [7]

      Although Nauvoo had established an office to record deeds in 1842, Woods argued that this action had been illegal, meaning that the deeds recorded by the city would not have been recognized as legal copies. Among the deeds Emma Smith took to be recorded in Carthage are two deeds from John and Malinda Robinson Barnett transferring property to JS and his minor sons, one deed from Daniel H. and Eliza Robison Wells to JS for the temple lot, three deeds from JS conveying property to Emma or their minor children, and a deed for a lot in Nauvoo donated to the church by Orson and Marinda Nancy Johnson Hyde. (Clayton, Journal, 4 July 1844; Ordinance, 5 Mar. 1842–B; Deed, John and Malinda Robinson Barnett to Joseph Smith III and Others, 21 Mar. 1842; Deed from John and Malinda Robinson Barnett, 15 Jan. 1844; Deed from Daniel H. and Eliza Robison Wells, 4 Feb. 1843; Deed to Emma Smith and Others, 12 July 1843; Deed to Emma Smith, 13 June 1842; Deed to Julia M. Smith and Others, 31 Dec. 1841; Deed from Orson and Marinda Nancy Johnson Hyde, 10 Feb. 1843.)

      Clayton, William. Journals, 1842–1845. CHL.

    8. [8]

      Clayton, Journal, 2 July 1844.

      Clayton, William. Journals, 1842–1845. CHL.

    9. [9]

      Clayton, Journal, 12 July and 1 Aug. 1844; Historian’s Office, General Church Minutes, 8 Aug. 1844; Hugh Herringshaw, Nauvoo, IL, to William Smith, [Philadelphia, PA], 28 Aug. 1844, in Prophet, 21 Sept. 1844, [2]; Jonathan C. Wright, Nauvoo, IL, to William Smith, [Philadelphia, PA], 28 Aug. 1844, in Prophet, 21 Dec. 1844, [2]–[3]; Lucy Mack Smith, History, 1845, 312–314.

      Clayton, William. Journals, 1842–1845. CHL.

      Historian’s Office. General Church Minutes, 1839–1877. CHL

      The Prophet. New York City, NY. May 1844–Dec. 1845.

    10. [10]

      Clayton, Journal, 4, 8, 12, and 13 July 1844; Richards, Journal, 8 July 1844; Monroe, Journal, 24 Apr. 1845.

      Clayton, William. Journals, 1842–1845. CHL.

      Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

      Monroe, James M. Journal, 1841–1842, 1845. CHL.

    11. [11]

      Clayton, Journal, 6, 7, 12, and 14 July 1844; Richards, Journal, 14 July 1844.

      Clayton, William. Journals, 1842–1845. CHL.

      Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

    12. [12]

      Clayton, Journal, 6 and 13–15 July 1844.

      Clayton, William. Journals, 1842–1845. CHL.

    13. [13]

      At this stage, Phelps, Richards, and Pratt were planning to appoint four trustees to supervise church assets. At the 15 July meeting with Clayton, they relayed to Emma Smith their inclination to nominate Clayton and Alpheus Cutler as two of the trustees. (Clayton, Journal, 14–15 July 1844.)

      Clayton, William. Journals, 1842–1845. CHL.

    14. [14]

      Richards, Journal, 17 July 1844; Hancock Co., IL, County Court, Probate Journals, 1839–1923, vol. A, pp. 340–342, 17 July 1844, microfilm 954,481, U.S. and Canada Record Collection, FHL.

      Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

      U.S. and Canada Record Collection. FHL.

    15. [15]

      Hancock Co., IL, County Court, Probate Journals, 1839–1923, vol. A, pp. 340–342, 17 July 1844, microfilm 954,481, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

    16. [16]

      Oath, 17 July 1844 [E. Smith Administratrix of the Estate of JS]; Bond, 17 July 1844 [E. Smith Administratrix of the Estate of JS]; An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, p. 703, sec. 64.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    17. [17]

      Letters of Administration, 17 July 1844 [E. Smith Administratrix of the Estate of JS].

    18. [18]

      Warrant, 17 July 1844 [E. Smith Administratrix of the Estate of JS]. Illinois law directed probate justices to appoint “three persons of discretion, not related to the deceased, nor interested in the administration of the estate” to appraise the assets of an estate. Emma Smith likely suggested that the court appoint Cahoon, Cutler, and Clayton as appraisers. Because of Cahoon’s and Cutler’s roles as members of the Nauvoo Temple Committee and Clayton’s position as JS’s financial clerk, the three men were likely intimately aware of JS’s financial situation. Emma Smith had also worked closely with these three men to prepare JS’s estate for settlement. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, pp. 706–707, sec. 78; Clayton, Journal, 3, 4, 12, and 15 July 1844.)

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

      Clayton, William. Journals, 1842–1845. CHL.

    19. [19]

      Hancock Co., IL, County Court, Probate Journals, 1839–1923, vol. A, pp. 340–342, 17 July 1844, microfilm 954,481, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

    20. [20]

      Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS.

    21. [21]

      Clayton, Journal, 30–31 July 1844. The issue of JS’s financial obligations as guardian of the Lawrence children would not be settled until 1846. (See Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS.)

      Clayton, William. Journals, 1842–1845. CHL.

    22. [22]

      Clayton, Journal, 7 and 10 Aug. 1844.

      Clayton, William. Journals, 1842–1845. CHL.

    23. [23]

      An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, pp. 711–712, secs. 98-102.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    24. [24]

      Warrant, 17 July 1844 [E. Smith Administratrix of the Estate of JS]; Inventory and Bill of Appraisal, 7–10 Aug. 1844 [E. Smith Administratrix of the Estate of JS].

    25. [25]

      Historian’s Office, General Church Minutes, 8 Aug. 1844.

      Historian’s Office. General Church Minutes, 1839–1877. CHL

    26. [26]

      Clayton, Journal, 8 Aug. 1844.

      Clayton, William. Journals, 1842–1845. CHL.

    27. [27]

      Richards, Journal, 9 Aug. 1844; Newel K. Whitney and George Miller, Appointment as Trustees, 12 Aug. 1844, Nauvoo Trustees Papers, 1844–1848, CHL.

      Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

      Nauvoo Trustees Papers, 1844–1848. CHL.

    28. [28]

      Clayton, Journal, 15 Aug. 1844. Emma Smith’s and James Woods’s motivations for making this claim are unclear. A subsequent letter from Quincy attorney James Ralston helps elucidate the legal arguments that had been made by Woods. Sometime in August 1844, Smith evidently requested that Ralston investigate her claim to a farm in Adams County. In his 20 August 1844 response, Ralston stated that she and JS had transferred it to JS as trustee for the church and that the deed specified that she had no claim on the property. However, Ralston also argued that because the church could not hold real estate beyond what was allowed by state law, the deed was void and title should revert to Emma Smith upon JS’s death. In light of this argument, Ralston counseled Smith to look to her “legal rights” and stake a claim on the property “before the church or any person in their behalf has taken possession of this land or procured even acknowledgement of them.” (James H. Ralston to Emma Smith, 20 Aug. 1844, microfilm, reel 25, Wilford C. Wood Collection of Church Historical Materials, CHL.)

      Clayton, William. Journals, 1842–1845. CHL.

      Wood, Wilford C. Collection of Church Historical Materials. Microfilm. CHL. MS 8617.

    29. [29]

      Clayton, Journal, 15 Aug. 1844. The Maid of Iowa steamboat had been purchased from Dan Jones by JS, then transferred to Emma Smith, and then to JS as trustee-in-trust of the church. Church leaders, as well as Jones, considered the boat to be church property. In August 1844, Jones renegotiated JS’s debt from purchasing the steamboat not through Emma Smith or the legal estate proceedings, but through trustees Newel K. Whitney and George Miller. (Introduction to Moffet Administrator of the Estate of JS; Claim, ca. Aug. 1844 [E. Smith Administratrix of the Estate of JS]; see also Pay Order, 25 Aug. 1844 [E. Smith Administratrix of the Estate of JS]; Pay Order, ca. Aug. 1844 [E. Smith Administratrix of the Estate of JS].)

      Clayton, William. Journals, 1842–1845. CHL.

    30. [30]

      Clayton, Journal, 15 Aug. 1844.

      Clayton, William. Journals, 1842–1845. CHL.

    31. [31]

      Clayton, Journal, 17–19 Aug. 1844. In addition to further damaging her relationship with Clayton and other church leaders, these actions potentially violated Illinois law, which stipulated that “the books of account of any deceased person shall be subject to the inspection of all persons interested therein.” (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, p. 709, sec. 87.)

      Clayton, William. Journals, 1842–1845. CHL.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    32. [32]

      In his journal Clayton numbered Emma Smith among those in Nauvoo who opposed the Twelve Apostles and who argued that “there is no church.” Knowledge of this conflict was so widespread that in early September 1844, the Warsaw Signal reported that there was “considerable disaffection on account of the conduct of Emma, in relation to the property belonging to the church” and that rumors abounded that she was going to leave Nauvoo and the church. (Clayton, Journal, 17–19, and 27 Aug. 1844; “Mormon News,” Warsaw [IL] Signal, 4 Sept. 1844, [2]).

      Clayton, William. Journals, 1842–1845. CHL.

      Warsaw Signal. Warsaw, IL. 1841–1853.

    33. [33]

      At the time of the dispute, city leaders were facing a crisis over their inability to pay city officers for their service. At a meeting of the city council on 10 August 1844, city marshal John P. Greene noted that “there was no money in the Tresury” to pay their obligations, so the loss of the $1,000 loan was keenly felt by the city. (Clayton, Journal, 8 July 1844; Pay Order, 22 Aug. 1844 [E. Smith Administratrix of the Estate of JS]; Nauvoo City Council Rough Minute Book, 10 Aug. 1844, 43–45.)

      Clayton, William. Journals, 1842–1845. CHL.

    34. [34]

      Affidavit, 29 Aug. 1844 [E. Smith Administratrix of the Estate of JS]. Illinois law allowed creditors and other interested parties to challenge the security bonds issued by the court. In his affidavit, Babbitt represented himself as a creditor to JS’s estate, but there are no known outstanding debts to Babbitt as part of the estate at the time of his affidavit. A week after he swore his affidavit, the Hancock County Probate Court appointed Babbitt the guardian of the minor children of Edward Lawrence, making him responsible for the over $3,000 financial obligation JS had to those children. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, p. 705, sec. 74; Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS.)

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    35. [35]

      Citation, 29 Aug. 1844 [E. Smith Administratrix of the Estate of JS].

    36. [36]

      Hancock Co., IL, County Court, Probate Journals, 1839–1923, vol. A, pp. 353–354, 11 Sept. 1844, microfilm 954,481, U.S. and Canada Record Collection, FHL. The discrepancy between the over $3,000 obligation to Babbitt as guardian of the minor children of Edward Lawrence and the $2,000 penal sum initially signed by Emma Smith likely provided the rationale for the court to increase the bond to approximately double the amount owed to Babbitt as guardian, as required by law. (Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS; Bond, 17 July 1844 [E. Smith Administratrix of the Estate of JS]; An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [23 Jan. 1829], Public and General Statute Laws of the State of Illinois, p. 703, sec. 64.)

      U.S. and Canada Record Collection. FHL.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    37. [37]

      Hancock Co., IL, County Court, Probate Journals, 1839–1923, vol. A, pp. 354–355, 18 Sept. 1844, microfilm 954,481, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

    38. [38]

      See Introduction to Coolidge Administrator of the Estate of JS.

    39. [39]

      Praecipe, ca. 2 Sept. 1844–A [W. & W. Law v. E. Smith Administratrix of the Estate of JS]; Subpoena, 3 Sept. 1844 [W. & W. Law v. E. Smith Administratrix of the Estate of JS]; Summons, 3 Sept. 1844 [W. & W. Law v. E. Smith Administratrix of the Estate of JS].

    40. [40]

      Docket Entry, Continuance, 22 Oct. 1844 [W. & W. Law v. E. Smith Administratrix of the Estate of JS].

    41. [41]

      Motion, ca. 24 Oct. 1844 [W. & W. Law v. E. Smith Administratrix of the Estate of JS].

    42. [42]

      Docket Entry, ca. 28 May 1845 [W. & W. Law v. E. Smith Administratrix of the Estate of JS].

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