JACOB MARTIN
Jacob Martin provided the roots for his immediate family and the many generations that followed from the transience that the family had known during much of his lifetime. At the age of 23, he assumed the responsibility as head of the household, because his father, now 50, was considered to be too aged and crippled to carry on. From all I have been able to gather, Jacob Martin saw the need for a family to be stable and rooted in a community. He had the foresight to gamble on the purchase of a considerable amount of land, to risk alienation of his siblings, and to work tirelessly in order to achieve his goal. Our family owes this man and his wife Mary a great deal.
There has always been somewhat of a mystery about the
Martin ancestors. We were told that we
had no other Martin relatives in the area although there were other Martins in
To obtain more information about the history of the
Martins, I read through the abstract of title of the Martin farm, and found
that on Sept. 24, 1873 a judgment had been entered against Jacob Martin by the
heirs of Augustus and Elizabeth Martin.
A court case followed in 1873.
The abstract also revealed that the complaint was in regard to title to
the farm.
One question had been answered - we had other relatives
with the Martin name. The next step was
to obtain a copy of the Court Case. I
asked the secretary a the Register of Deeds Office in the
The recording of the proceeding was hand written and
recorded in much detail under oath. Many
facts about the Martin family that were previously unknown were uncovered. Much of the history of the Martins and Pecks
was recorded here, as well.
Additionally, from the
We could establish contact
with only two living heirs of Jacob's siblings.
Jacob
Martin was born June 13, 1825 in
Shortly
after the family arrived in
Jacob Martin, at that time, committed to a verbal agreement with his parents that in exchange for caring for them for the remainder of their lives, he would use the money provided by grandfather Peck to buy land in his name and on it build a home for the family. He lived by this agreement and did not marry until three years after his mother died in 1862.
During
this period following the close of the Civil War, the northern states were
enjoying a great deal of prosperity.
Growing factories, towns, and cities needed large quantities of
food.
With the obligation to his parents fulfilled Jacob married Mary Key in 1865. He was now 40 years of age and his wife Mary was 24. Mary was the daughter of Marshal Key and Sally Scholl. By the time of Jacob's marriage to Mary Key he had acquired a considerable amount of land, and the equipment to operate it.
Jacob and Mary worked hard on their 360 acre farm with only the muscle of men and horses to do the work. No doubt Mary had many hired men for whom she prepared meals.
In those days the hired help lived with the family. Feeding and caring for the horses took much of their time. Horses were highly valued and used not only to do the farm work, but also as a means of transportation.
To make the work of harvesting the small
grain (oats, wheat and barley) easier, Jacob purchased a grain binder. It could do the work of 10 men with a
scythe. This machine cut the grain, and
tied it in bundles so it could easily be hauled to the threshing machine. Wheat became the first commercial crop grown
in the state, and in 1860
In spite of years of hard work, Jacob and Mary managed to raise a family. They had two children, Orlo in 1865 and a daughter, Alta in 1866.
When Orlo
reached the age of 7 and Alta 6, the family was to enter a very difficult
period. In March of 1872 the brothers
and sisters of Jacob brought suit against him for a share of the original
200_acre farm, and also a share of the personal property of their parents
Augustus (who had died in 1857), and
The
court record indicated and was written exactly as follows:
"The
plaintiffs attempted to prove that their father Augustus and their mother
Elizabeth furnished the money to build a new house, and to break up and improve
the land, each member of the family contributing in labor, and service toward
improving and cultivating the land according to their strength and
capacity. The family also received their
support while living there, and the father, and mother furnished advanced money
to furnish comforts and conveniences.
They further attempted to prove
that in the year 1853 the defendant Jacob Martin had no property of his
own real or personal, and had no money except what was furnished him by his
parents. That in the spring of 1852
their parents went to Newburn,
When the
balance for the land came due the defendant Jacob Martin paid for it with money
furnished by his mother and father, and for some unknown reason unknown to the
plaintiffs, took title to himself which was thought to be held in trust only
for his mother and father. They further
attempted to prove that after the parents death (Augustus in 1857, and
Elizabeth in 1862) that Jacob had no interest in the property other than the
1/8 as one of the heirs. The other
7/8 interest be held in trust for the
plaintiffs, and not otherwise. That for
eight years Jacob had farmed the land, and cut timber from the woodland, and
applied it for his own personal use. The
plaintiffs now further tried to prove to the court that 7/8 of the reasonable
rents from this farm belongs to the plaintiffs.
They
further complained that Jacob Martin though often requested by their father in
his life time, and the plaintiff heirs at law since the death of their father
and mother to perform, and discharge the trust according to the true intent and
meaning thereof by dividing and distributing the lands and personal property
equally among the children. This he
utterly refused to do. That Jacob
Martin be directed to pay to the plaintiffs 7/8 of the value of the personal
property, of the rents, and profits of the land, and value of the timber used
and disposed of in the last eight years.
They further demand judgement for their costs, and disbursements by
them about their action in this behalf
expended.
Subscribed, and sworn to April 7, 1870".
The trial
was long, and bitterly fought with continuances over a long period of time;
possibly for a period of 2 years. There
were many witnesses on both sides. At
one point there was a petition to have the trial moved to
"On Sep. 9, 1873 the judge found Jacob Martin to be the owner of the land, and the plaintiffs were not entitled to any judgement. That Jacob had managed and controlled the land as his own from the time he purchased them. The taxes were always assessed to him, and he always paid them. He had never disclaimed ownership, but claimed to be the owner. His father, and mother understood that the land was purchased in Jacob's name, and he was the owner thereof in fee simple. That the allegations of fraud, and breach of trust in the complaint, and amendments there to were not proven. That all of the personal property upon these lands at the time of the mother's death belonged to Jacob.
That the plaintiffs in the month of May 1862, and before that time, and before their mother's death knew that Jacob claimed to be the absolute owner of all the land, and personal property. That Jacob did kindly care for his parents while they lived."
This must
have been an expensive and trying experience for Jacob, Mary, and their young
family. During a time when families
depended on each other for support, the family of Augustus and Elizabeth was
torn apart. They had traveled hundreds
of miles together and built a life in
Economic challenges also plagued the family. For the most part, from 1873 to 1896 farmers faced hard times. Many went heavily into debt buying land, machinery and supplies. The interest on loans was high, and farmers found it hard to get out of debt. Some times the price received for their products was so low that it was cheaper to burn corn and wheat for fuel than to ship it to market. Railroads charged high rates, but their services were poor.
Through hard work and frugal living, Jacob and Mary prospered and raised their family in spite of the difficulties surrounding them.
Jacob Martin's land purchases were as follows:
10/22/1879 - 80 acres - W 1/2 of NW 1/4 of Sec. 20 T 5, R 5 West; $2,000
12/6/1855 - 160 acres SW 1/4 of Sec., 20 T 5, R 5 West - $800
10/3/1854 - 40 acres, NW 1/4 of SE 1/4 of Sec. 20 T 5, R 5 West
4/13/1863 - 40 acres SE 1/4 of NE 1/4 of Sec. 19, T 5, R 5 West - $500
4/20/1854 - 40 acres, NW 1/4 of NW 1/4 of Sec. 23, T 5 R 6 West - $200
On Nov. 17, 1886 Jacob died leaving to his family a farm operation that was debt free. A total of 360 acres, 80 head of cattle valued at $906, 207 pigs valued at $691, 9 horses - $430, 75 bu. of wheat @ 50 cents per bu. - $37.50, 1300 bu. oats 20 cents per bu. - $300, 600 bu. corn, 30 cents per bu. - $180, Harnesses, and farm machinery - $232. Jacob willed all of his estate to Mary as long as she lived or remained his widow. At the time of her death or remarriage, it was to be divided between the two children, Alta and Orlo. In this event Orlo was to receive the homestead over and above his share. He also forbid either his wife or children from mortgaging any of the real estate during the life of his wife Mary.
Jacob made out his Will August 6, 1886, and died 4 months later.
Children of Jacob Martin and
Mary Key Martin:
Orlo: 1865 - 1916 Operated the home farm
Alta
(Stevens): 1866 - 1928 Lived most of her
life in