KELLAM-L Archives

From: Robbin Kellum Harrison <>
Subject: [KELLAM] John Kellum - died July 24, 1871 / Will contested
Date: Mon, 19 Jan 2004 21:54:57 -0600

Brooklyn Daily Eagle, 1872 Apr 18
THE LATE JOHN KELLUM
His Will Contested - A Queer State of
Facts Alleged - One Will Which was
not Meant to Stand - Another which
Was Intended, but which was not Perfected.
John Kellum, the eminent architect died July 24, 1871 at his Hempstead
Summer seat. He left surviving him a widow, Hannah Raynor Kellum, aged 61,
and children Hiram Kellum, aged 40, John H. Kellum aged 32, Hannah Kellum
aged 30 and Ann Eliza Kellum aged 38. In Brooklyn, Mr. Kellum lived on the
corner of Clinton and Lafayette avenues, opposite to Rev. Dr. Budington's
church. The estate he left was valued at $2,000,000. In the hands of Smith
Barker his friend in New York, Mr. Kellum, it is said, left a will dictated
by him from a draft in his own handwriting, leaving his widow a life dower,
and the rest of the property share and share alike among the children who
were to receive the widow's dower in the same proportions after her death.
This will named Richard Ingraham, Chas. Baylis, John Lawrence and Wm. Jones
as executors. It was written out, in full but Mr. Kellum died before he
signed it and before he procured attesting witnesses to it as his last will
and testament. An attempt was made by Smith Barker to have this defective
will, under the circumstances and with full explanation, admitted to
probate in Queens County. The Surrogate refused and Mrs. Kellum also
refused. That lady has produced and stands by ANOTHER WILL OF THE LATE JOHN
KELLUM, her husband, said to be writte of date about 1861. Int hat will
Mrs. Kellum is left the whole of the property, and the children nothing, if
the information received by the EAGLE be correct. The lady herself is made
sole executrix, and Smith Barker and Wm. Barker appealed from. The
appellant, who is the oldest son of the late Mr. Kellum, in the reasons
which induce this appeal, takes ground that Mr. Kellum made the will of
1861 under peculiar circumstances, which, if explained, will let in the
second non-perfected will as a substitute for it. If those circumstances
are correctly stated, it would seem that some years ago when Mr. Kellum
came to Brooklyn, after an honorable business failure in Hempstead, he got
into business with Gamaliel King and made about $15,000. With that he
bought ground and built on Clinton Avenue, corner of Lafayette. The
appellant submits that Mr. Kellum gave his wife to understand that the deed
of the house was in her name. In 1861 or '62 a son of Mr. Kellum, since
deceased, so runs the narrative, in looking over his father's papers, saw
that the deed was made out in his (the father's) name. He asked his father
why it was not in the mother's name, and the gentleman is reported to have
said: "WHAT I SAID IS ONE THING: WHAT I DID IS ANOTHER," thereby assuming a
conflict between his word and deed, on the strength of these disclosures,
of which no man in Brooklyn would have believed him capable. It came to
Mrs. Kellum, that the deed was not in her name, continues the narrative,
and "merely to pacify and quiet her," Mr. Kellum made and attested the will
not in contest, leaving his wife everything. Recently, in Supreme Court
Chambers, New York, a motion came up to perpetuate the testimony in the
case of contest, and William and Smith Barker were sworn to testify as to
whether they signed their names as witnesses to the will, and whether, in
their prescence, the testator made the legal declaration required. Mr.
Smith Barker is about seventy-eight years old. William, his nephew, is
about thirty-five. Each was unable to swear that the signature was not his,
or that it was his. Neither remembered whether they had signed it or not.
Bot admitted it looked wornderfully like their signatures. Neighter could
swear that each declaration was not made to him. Each admitted that he
might have signed and might have heard the testamentary declaratin - but
neither could remember- after the lapse of twelve years. Well, this will is
contested. If contested, the will the law makes will be just like the will
Mr. Kellum is said to have last begun but not perfected. The contesting son
is Hiram Kellum. The other three children do not take part in the contest.
The question seems to be whether the existence of an imperfect will
obviously violative of the provisions of a former one, which was perfected,
which was intended to be cancelled, but which was not, can impair the force
of that former one. In additon to insisting that the non-perfected one is
the will John Kellum wanted to make, the appellant son also insists that
the former will was not the one which John Kellum wanted to make when he
made it, that he made it only to pacify his wife and t to stand as his real
will. Whatever be the force of an sssumption of that kind, it does not
receive much support from the fact that the testator let that "pacifying"
will remain for twelve years, and that if he desired to nullify it, the
prepartion of a new will was not necessary, only the destructin of the old
being needed - when the law would have stepped in and "made a will for him."
The whole case seems to abound with presumptions. One is required to
presume unusual forgetfulness of the Barkers, uncle and nephew, who cannot
swear their signatures are or are not theirs, whether an attestation was or
was not made in their presence.
Next the law is asked to presume that John Kellum did not mean to make a
will he did make and which he did not, on the testimony of the appeal
itself, alter for eleven or twelve years after.
The next presumption is that John Kellum meant to put his name to the
second will and meant to get witnessess though he didn't sign his name and
though he didn't get witnesses. The law generally presumes that a man
intended to do what he did do and intended not to do what he didn't do.
People are next required to presume a long course of double dealing on the
part of John Kellum toward his wife, with whom he lived wedded forty-two
years - required to presume that he promised to dded her a house and deeded
it to himself; requried to presume that he made a will in her favor which
he didn't mean even at the time and got Smith and Wm. Barker solemn'y to
sign what he meant should amount to nothing "except to pacify the old lady."
The whole story is a sad instance of how stoutly last wills and testaments
are fought; what the courts may do or undo, there is no means of telling,
but it is very certain that the quarrel over his effects can not be made to
reflect upon the sterling probity and high honor in which John Kellum was
honored living and mourned dead. The three children, John H., Hannah and An
Eliza take, as said, no part in this litigatin, but acquiesce in the bill
of 1861, under which, though the mother inherited all, they have no
apprehensions for themselves. The eldest son feels constrained to contest,
and the grounds on which he contests have been stated in what goes before.
For the contesting son Hiram, the counsel are, General Philip S. Crooke and
ex-Judge Fullurton; for the widow, the counsel are Richard Ingraham, Esq.,
one of the executors named in the non-perfected will, and ex-Judge
Reynolds, of Brooklyn.

Brooklyn Daily Eagle, 1871 Jul 28
THE KELLUM FUNERAL
The Departure from Hempstead - The Cortage and Pall Bearers -
Services at the Clinton Avenue Congregational Church -
Address of REv. Dr. Buddington - Imposing Ceremonies.
The funeral of the late John Kellum, who died at Hempstead, Long Island, on
last Monday night, took place today at Hempstead and in this city, at the
Clinton Avenue Congregatinal Church, Rev. Dr. Buddington's on the corner of
Clinton and Lafayette Avenues.
The occasion drew together, both in the former home of the eminent deceased
and in this city, an immense concourse of distinguished people, the
representatives of varied vocutions, art and science, the pulpit, the
bench, the bar and the press, and the highest of all were eager in the
acknowledgment of their esteem, respect, love and admiration of the
departed. On every hadn was witnessed a desire to honor his memory.
The services at Hempstead were commenced this morning at 10 o'clock, at the
late residence of the deceased, where an immense concourse of his friends
and acquaintances were assembled. Under the superintenence of Mr. John R.
Pettet, undertaker of Hempstead, the body was laid out in a suit of plain
black clothes that had been worn when in life, and the body look3ed as
natural as in life, and the body looked as natural as in life, and like one
in pleasant slumber. The body was placed in a plain but very elegant casket
upon which rested a crown of immotelles, a cross and chaplet. Upon the
cover was a solid silver plate, inscribed as follows:
JOHN KELLUM
DIED JULY 24, 1871
AGED 61 YEARS, 11 MONTHS and 13 DAYS
In the presence of a very large gathering a funearl discourse, eloquent and
appropriate, was delivered by Rev. Dr. Finch, and it was listened to with
marked and profound attention by all present. The house and grounds of the
deceased, the most beautiful and extensive at Hempstead, were draped in
mourning, and among the old friends and social companions of the deceased
were Robert Anderson, L. W. Angevine, Rem. Smith, Henry Hause, Nicholas Van
Cott, Judge Smith, of Suffolk, Abram Bedell, Alden J. Spooner, Isaac
Snediker, Richard Ingraham, Rem. Fitch, Oliver Deuton, and many, very many
others who had sustained most intimate relations with the deceased in life.
A SPECIAL TRAIN OF CARS, staring a little before 11 o'clock this a.m.,
brought the remains, and a large number of the friends of the deceased from
Hempstead to East New York, where twenty carriages were in waiting under
the direction of G. W. Davis, undertaker of this city, to convey them to
the chruch, which the cortage entered in funeral procession, first the
minister, Rev. Dr. Buddington, then the pall bearers, followed by the widow
and four children, two girls and two boys of the deceased. The following
named distinguished gentlemen officiated as PALL BEARERS.
Wilson G. Hunt, N.Y.; A. B. Baylis, Brooklyn; A. T. Stewart N.Y.; Hon.
Henry Hilton, N.Y.; Wm. R. Stewart, N.Y.; Richard Ingraham, Hempstead,
L.I.; John Johnson, M.D., Brooklyn; Edwin Webb, M.D., Hempstead; George
Marvin, M.D., Brooklyn; Thomas Sullivan, Brooklyn; A. C. Hoe, N.Y.; Col.
Stephen A. Dodge, Brooklyn, Mr. Poppenhausen.
As the cortege entered the church.......
The remains were replaced in the hearst, and followed by a long line of
carriages, the procession wended its way slowly to Greenwood, where the
remains of John Kellum, were deposited in the family resting place. The
concourse at the grave was very large, and the management of all the solemn
details reflected the greatest credit upon those in charge. It is rarely
that so large a concourse of truly eminent people are brought together on
one occasion.

This thread:

• [KELLAM] John Kellum - died July 24, 1871 / Will contested by Robbin Kellum Harrison <>