Tuesday, July 20, 2010

Eliza Bliss Divorce Continued

Second hearing in divorce of Eliza Bliss. On the 11 July in 1872 Eliza gave birth to a daughter Lucy Francena Kane, in Holden, Utah. [transcribed as it appears in the filmed record-see previous post for LDS film number].

p 138

Territory of Utah} Probate Court in and for said

Millard County } County Special Term at 10 A. M.

on the 18th day of May A. D. 1872

Hon. E. Partridge Judge


Case of }

Eliza Bliss }

V.S. }

Michael Kain}


decision of the Court:

The Court considers that Eliza Bliss had not fully

sustained her case in regard to being scared into

signing the agreement before the Referes (sic); but no

one taking up for her, and not being of very strong mind

and also, what was said going to show that her friends

considered the offer of Michael Kain a liberal one, as much

or more than she deserved, the Court feels authorized

to make a new division of Property between the parties,

Mr. Kain married Eliza Bliss without the concent (sic)

of her only legal guardian and against the advice

of one of her friends or relatives, and after living with

her as her husband for several months leave her

enciente [pregnant], although there appears to the mind of the

Court sufficient grounds fo a Bill of Divorce, both

parties being willings, yet the Court does not consider that

Mr. Kain should leave Eliza Bliss in her present cir (sic)

circurstances(sic) and condition with no provision for her being

taken care of during her approaching sickness and the

maintainance(sic) of her ofspring (sic) should she have one living

Therefore the Court decides that Michael Kain give Eliza

Bliss what was agreed upon before the Referes (sic) if he has

not already done so, and in addition he shall provide

for her from this date through her confinement and

recovery with suitable care and attention by

furnishing her with board and lodging and someone

to wait on her: Also that Michael Kain place two

hundred ($200) in the hands of her Father

or some other person that may hereafter be agreed

upon by Mr. Kain and the Court for the benefit of


page 139

their mutual ofspring (sic), if anythere(sic) shall be, Provided

that said father of Eliza Bliss or such other person as

may be agreed upon by Mr. Kain and the Court, shall

give bonds for the proper management of said two hundred

dollars, to the satisfaction of the a selectmen* of the County

where said Father or other person, herin (sic) mentioned may

reside; And furthermore, whenever the offspring, afore

said shall die then the property aforesaid or as much

of it as much of it [phrase repeated twice] as may have necessarily been

used for the benefit and maintainance(sic) of the child

shall revert to the aforesaid Michael Kain.

Court awarded that the cost be paid by Michael

Kain.


Cost

Judges frees $ 6.00 P

Clerks 4.00 P

Summons .50 P

Subpoena .25 P

5 depositions 1.25

6 witnesses 2.50

5 witnesses @ 150 9.00 P

Constable fees 3.00 P

Paid in full $26.00

Edward Partridge (signature)

Probate Judge


*not sure if this word is selectmen or not

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