Petition of Frances J.A. Emery for requesting legal status to run and manage her estate

Mem. No. 245 a. Petition of Frances Julia Ann Emery (a minor) & others to have said Frances J.A. Emery declared legally competent to settle to manage her estates

19/3 Pres. by Atwood. To Jud Com. with No. 428 a L.H.D. James Ch. Cl. Assy

To the Honorable the Legislature of the State of Wisconsin.

Your petitioners the undersigned respectfully represent that on or about the twentieth day of July AD 1844 one Horace W. Potter theretofore of the county of Dane in this State died [interstate?] leaving as [heirs?] at law her widow Lorinde, since intermarried with one Alexander Bishop and an only daughter Frances Julia Ann Potter; That the matter of the estate of said Horace W. Potter deceased was for a long time in the Probate or County Court for said Dane County for settlement that upon the settlement thereof one George A Spaulding of said county of Dane was appointed and for a long time acted as Guardian for said Frances Julia Ann Potter a minor, and as such received the yearly proceeds of said estate; that on or about the nineteenth day of February AD 1860, the said Frances Julia Ann Potter intermarried and soon since has cohabited with one Alongo? Smery; and has at the fruit of such marriage an infant child now living; that said Frances Julia Ann Potter is now seventeen years of age-in good health, of robust constitution and sound mind-That upon the marriage of said minor as aforesaid the said George a. Spaulding ceased to be such guardian and subsequently thereto one [Isaac] N. DeForest was appointed and has

since acted as the guardian of said minor Frances Julia Ann Potter now Mrs. Emory-That the estate of said minor when first received consisted for the most part of real property, but the same has since been converted into bonds and mortgages and is now in an unsettled condition-That it is difficult for parties interested to effect a settlement, because of the legal inability of said minor to act that certain litigation in relation thereto has already been had and more is threatened; That your petitioners believe that an agreement of settlement might be and would be made between the parties affected if the said minor was able to bind herself-

And your petitioners further state that they believe that the said minor is nearly of not quite as well prepared to undertake the settlement and man=agreement of her estate at this time as where she shall arrive at her majority and that the interest of all parties intersected would be greatly advanced of at their time she was legally competent to act in her own behalf.

Wherefore your petitioners pray that the said minor may by act of your Honorable Body be declared legally competent to undertake the settlement and

management of her estate and your petitioners will ever pray &c-

Dated Madison Wis 1861

Frances Julia Ann Emery Alanyo Le Emery

George [?.] Spaulding [Illegible] Guardian

Thomnas Hood County Judge

[H.] M. Lewis Dist. Atty Prof. Stevens Atty

I.A.H. Forest Guardian of Francis Emery

State of Wisconsin County of Dane ]P. Frances Julia Ann Emery of said County being duly sworn deposes and says that she has heard read the foregoing petition and knows the contents thereof and that she believes the same to be true.

H.W. Lewis [We ally?] Public Dane Corps