229. George Curtis WISHARD115,217,218 was born on 23 January 1865 in Davis County, Iowa.115,119,207 He died on 4 December 1887 at the age of 22 in Davis County, Iowa.115
In 1880, George Wishard was living with the family of Hiram DeVault. George was age 15 and working as a laborer. Hiram DeVault was age 33, b. Ohio as were both his parents. Hiram was probably a son of Jacob DeVault with whom sister Sarah Wishard was living in 1880. Hiram's wife was Mary J. age 34, also b. in Ohio. Daughter Florence, age 9, b. Ohio, and son Rollie H. M. age 3, born in Iowa. Lydia Shilling, age 62 and listed as an Aunt, was also living in the household. She was born Maryland as were both her parents.
I never found Anna, or C. A. DeVault in 1880. George Wishard and Anna had an illegitimate daughter. I did find Anna & the daughter in 1900, living in Bloomfield
Anna DeVault, b. Jun 1853, age 47. Born Ohio as were both her parents. This places her nicely in the family of Jacob DeVault, but she wasn't present with the family in 1880. However, Jacob DeVault testified on behalf of Anna that George C. Wishard was the father of Georgia May Wishard. Georgia M. Wishard, daughter, b. Jan 1888, age 12. Anna gave her marriage status as "divorced".
Filed 2 Oct 1886 in the District Court of Davis County, Iowa
State of Iowa vs. George C. Wishard
I, C. A. Devault being duly sworn on my oath say that I am a resident of Bloomfield Davis County Iowa; that I am not a married woman; that I am now pregnant with a child which if born alive will be a bastard. That I am now about five months gone with child; that the defendant George C. Wishard is the father therof and I bring this action in bartardy as provided by law. Signed: C. A. Devault.
Subscribed before D. H. Payne, Notary Public, 30 Sep 1886
To George C. Wishard. You are hereby notified that there is now on file in the office of the Clerk of the Districk Court of David County Iowa a complaint of bastardy entitled the state of Iowa against you, filed by C. A. Devault charging you as the father of an unborn child of which she is now pregnant and praying that you be charged with the maintenance of such child in such sum or sums as the Court may direct. Now unless you appear and defend thereto at the October Term AD 1886 of the District Court of Davis County Iowa on or before the morning of October 12th 1886 that being the second day of said term as adjourned by order heretofor made your default will be noted and an order made as prayed for and proved by law. 30th Sept 1886
Notice served defendant George C. Wishard, B. B. Burchett, Sheriff
11 Oct 1886, Answer Filed. State of Iowa vs. George Wishard. Comes now the Defendant and for answer to the complaint herein says he is not guilty as charged in said complaint. George Wishard, Deft by M. H. Jones Atty.
15 Oct 1886 5th day, October Term
State of Iowa vs. George C. Wishard - Continued
11 Jan 1887 1st Day, January Term
State of Iowa vs. George C. Wishard for Bastardy. Continued generally
26 Apr 1887 2nd Day, April Term
State of Iowa vs. George C. Wishard for Bastardy. Settled as per stipulation on file.
Defendant is to pay to the complainant, Anna Devault, $300, and to Payne & Eichelberger $57 atty's fees and the costs accrued, to be paid by Saturday April 30th 1887. Signed: Geo. C. Wishard.
I guarantee the payment of the above sums. 25 Apr 1887. John O. Wishard
I hereby accept the above as settlement in full of the above cause and agree that said cause is fully settled when the above sum is paid. 25 Apr 1887. Annie Devault
30 Apr 1887. Received of George C. Wishard the sum of $350 in full settlement of the amount agreed upon as a satisfaction of the case of State of Iowa vs. George C. Wishard. Payne & Eichelberger, Attys for the Plaintiff
29 Nov 1887. To George C. Wishard, Bloomfield, Iowa. Accrual Pension Notice, Dept of the Interior, Bureau of Pensions. You are hereby notified that the U.S. Pension Agent at DesMoines has been this directed to pay you as the Child of William Wishard deceased pensioned by Certificate #27718 your share of whatever pension has accrued in the case up to and including the date of his death.
12 Dec 1887
Letters of Administration
State of Iowas, Davis County
George C. Wishard died intestate on or about the 4th day of December 1887....appoint John O. Wishard Administrator.
21 Feb 1888
John O. Wishard as Administrator of the estate of George C. Wishard wrote the Pension Bureau explaining that George had never accepted his pension voucher, but had died and there were claims against the deceased's estate. John included itemized expenses. Elisha Wallace and Chas. E. Coloney witnessed the letter.
In one of the documents, John relates that George was accidently shot while out hunting and died Dec 4th 1887. He also stated that George left no wife or children.
Expenses of George's last sickness, dated 29 Dec 1888, is interesting enough to record here.
Fenton & Son services $2.50
Wm J. Hockersmith preparing body for burial $2
Chicago Clothing Co for burial suit $16.00
John R. Brown care at his dwelling when hurt $25
Fortune & Wright Funeral Notices $2
A. J. Mendenhall Coffin & Box $35
If I read the notes regarding George's pension correctly, they are summed up as follows:
31 Jan 1888. The invalid pension must be paid in fifths and George's fifth withheld
Mar 1888 J. O. Wishard no action until office insured G. C. left no minor child
23 Jul 1888 C. A. Devault claim. Child not legitimate.
20 Feb 1889 J. O. Wishard. Amt due Geo. C. paid only as reimbursement. [Perhaps they only paid the amounts John had forwarded were owed by the estate of George C. Wishard. George was only a baby when his father died and if I compute his minor pension up to age 16 correctly, he was due approximately $1800. The amounts owed by George at his death and for his final sickness and burial came to approximately $300.]
2 Apr 1888 Affidavit of C. A. Devault, age 30 years, resident of Bloomfield
Anna stated she was unmarried and the mother of Georgia May Wishard aged 13 months. George C. Wishard was a son of William Wishard deceased who drew a pension. Said George C. Wishard was a minor heir of said William and entitled to a pro rata share for minor heirs. Said George C. Wishard died intestate on 4 Dec 1887 and was never married. Georgia May Wishard was born 30 Jan 1887. Said George C. Wishard is her father and publicly acknowledged his paternity. He requested said child be named after him and promised to help support it. He requested and received it photograph and kept the same until his death. He paid to affiant $300 in cash for support and maintenance of said child. She is the only child of George C. Wishard. Affiant is the appointed guardian of Georgia May Wishard. Signed: C. A. Devault
Statement of Jacob DeVault also dated 2 Apr 1888:
J. Devault, aged 67 years, resident of Bloomfield, well known to be reputable and duly sworn, appeared before me, J. W. Corner, Notary Public. Devault was well acquainted with George C. Wishard, deceased, in his lifetime. Before the birth of Georgia May Wishard said George acknowledged he was the father of said child to me and through his brother and in his presence, offered to C. A. Devault $100 for its support. Signed: Jacob DeVault.
16 Apr 1888 Another Affidavit of C. A. DeVault. This one has the additional information that John O. Wishard had taken out letters of Administration on the estate of George C. Wishard and said John had made application to the Commissioner of Pensions for whater accrued pension might be due George C. Wishard. Said John O. Wishard was refusing to prosecute said claim to a determination with the proofs that George C. Wishard left at his death a minor child viz Georgia May Wishard. John O. Alleged that George C. Wishard left at his death no minor child. She appointed J. W. Corner her attorney to prosecute the claim. Signed: C. A. Devault
J. W. Eichelburger, atty, submitted the above to the Department of the Interior, Bureau of Pension. He also stated that C. A. DeVault and Annie DeVault were one and the same person.
There were additional Affidavits from several people, dated April 1888. Most of them repeating essentially the same story that Anna had given in her affidavits.
B. B. Bryant stated that he knew George C. Wishard and knew he was one of the minor heirs of William Wishard. At the entrance to the Photograph Gallery of Thomas A. Dunlap there were several pictures, one marked "20" of a samll child. George C. Wishard pointed out to Bryant that "That is my Kid" [There is a copy of the photo in the pension file - she was adorable.]
T. A. Dunlap stated he had a Photograph Gallery in Bloomfield and that he was a picture marked "20" in his entrance that is of a small child named Georgia May Wishard. The child's mother, C. A. DeVault, brought her him to have her photograph taken. He also said George C. Wishard was the reputed father of the child.
Ed S. Saunders sated he was a resident of Bloomfield and was personally acquainted with George C. Wishard and also with C. A. DeVault. For about one year preceding the death of George on 4 Dec 1887, he had boarded with the father of Mr. Saunders. The said Wishard had told the affiant several times that he had a "kid". A short time before Wishard's death, he told Saunders that he was the father of the infant child of C. A. DeVault. Wishard also told him he had given money for the support of said child and that he intended to take the child and educate it.
The Application was Rejected. "Child of the deceased minor not being legitimate"
16 Apr 1888 C. A. Devault was appointed Guardian of Georgia May Wishard, minor and heir at law of George C. Wishard. Signed: J. F. Scarborough, Clerk of the Davis Co Iowa District Court
C. Anna DEVAULT was born in June 1853 in Ohio.218
Daughter Georgia's marriage record gives her mother as Anna Tedford. Did Anna have another name; did she marry at some point prior to 1907?
George Curtis WISHARD and C. Anna DEVAULT had the following children:
|Georgia May WISHARD (private).218|