He was united in marriage to Elizabeth Lewis, daughter of William and Chloe PRINGLE Lewis, on November 28, 1858 in Keokuk County, Iowa. To this union was born a son Emanuel and daughter Elvira. Shortly after signing up for the Civil War Draft Registration, in July 1863, he was reported as "going west" and not heard from once leaving his wife and family behind.
Daniel had settled in Montana Territoy, as indicated in the 1880 US Census reports. He is listed as a single man and was a farmer. Missoula, Montana marriage records indicate that he married his second wife, Berthena JEFFERSON McEntyre in Missoula, Montana on January 24, 1894. Upon being notified of his death in 1895, a despute over his estate made history in the Montana supreme court by his first wife. He was survived by his two children, and his wife, which one was not determed until over three years later by the supreme court of Montana.
Several news articles document the events that followed. One printed prior to the supreme court decision made June 8, 1898 and summarizes the events of Daniels life once he "moved West."
"TOO MANY WIVES.
Two Widows Claim a Dower Interest in the Estate of the Late Daniel Rash.
WIFE NO. 2 SECURED A VERDICT.
Court Adopted the Presumption That Rash Had Been Divorced From Wife No.1 - Strange Case Brought to the Supreme Court For Final Adjustment.
The attention of the supreme court was yesterday called to one of the most notice. Daniel Rash, who died at his home near Missoula three years ago, had one wife too many, if the claims of two women who are now quarreling over the property he left are correct. It becomes the duty of the supreme court to decide which of the two claimants has the right to be known as Mr. Rash's legal widow.
Daniel Rash was an old timer. He removed from Iowa to the west in 1864 and 15 years ago settled near Missoula, where he acquired a ranch and fruit farm. He was thrifty and became well-to-do. In 1894 he married Mrs. Berthena McIntire, of Missoula. About one year later, he died, leaving an estate appraised at $10,000. After Mr. Rash's death it developed that, he had been married once before. A woman named Mrs. William Hadley put in an appearance soon after his death and claimed to be his lawful widow, and as such entitled to a dower right in the estate. She produced indisputable proof that she had been married in Iowa to Mr. Rash in 1858. She lived with him until 1864, two children being born to them, who are still living. In that year Mr. Rash left his wife and she never heard of him again until she learned shortly after his death that he had been living at Missoula. She had supposed that Mr. Rash was dead and in 1872 she married William Hadley with whom she is still living at her old home in Iowa. When she learned that her first husband had been living at the time she married her second husband a second wedding uniting her again to Mr. Hadley was had. Although another man's wife she then brought suit as the lawful widow of Mr. Rash and in the name of his children for his property.
The counsel for wife No. 2 contended that the law presumes every marriage valid until it has been proven otherwise. He claimed that it devolved upon the plaintiff to prove that Mr. Rash had not obtained a divorce from his first wife before he married his second. The court indulged in the presumption and after adopting the findings of facts returned by the jury, rendered judgment for Mrs. Berthena Rash, who lives at Missoula. Wife No. 1 appealed to the supreme court.
M. L. Crouch, of Missoula, counsel for wife No. 1, appeared before the supreme court yesterday in the interests of his client. The case was submitted, and in a week or two the supreme court will render a decision finally determining in the eyes of the law which of the litigants was the wife of Daniel Rash at the time of his death.
It is the first case of the kind ever appealed to the supreme court of Montana."
Published: Friday, May 20, 1898, Helena Independent, Helena, Montana
RE: Daniel W "Dan" Rash
His 2nd wife was Berthena Catherine "Bertha" Jefferson McEntyre Rash Mellott
(Birth JUL 1866 • Minnesota, USA - Death 12 NOV 1949 • McGillivray Falls, British Columbia, Canada), wife of DW Rash
He was united in marriage to Elizabeth Lewis, daughter of William and Chloe PRINGLE Lewis, on November 28, 1858 in Keokuk County, Iowa. To this union was born a son Emanuel and daughter Elvira. Shortly after signing up for the Civil War Draft Registration, in July 1863, he was reported as "going west" and not heard from once leaving his wife and family behind.
Daniel had settled in Montana Territoy, as indicated in the 1880 US Census reports. He is listed as a single man and was a farmer. Missoula, Montana marriage records indicate that he married his second wife, Berthena JEFFERSON McEntyre in Missoula, Montana on January 24, 1894. Upon being notified of his death in 1895, a despute over his estate made history in the Montana supreme court by his first wife. He was survived by his two children, and his wife, which one was not determed until over three years later by the supreme court of Montana.
Several news articles document the events that followed. One printed prior to the supreme court decision made June 8, 1898 and summarizes the events of Daniels life once he "moved West."
"TOO MANY WIVES.
Two Widows Claim a Dower Interest in the Estate of the Late Daniel Rash.
WIFE NO. 2 SECURED A VERDICT.
Court Adopted the Presumption That Rash Had Been Divorced From Wife No.1 - Strange Case Brought to the Supreme Court For Final Adjustment.
The attention of the supreme court was yesterday called to one of the most notice. Daniel Rash, who died at his home near Missoula three years ago, had one wife too many, if the claims of two women who are now quarreling over the property he left are correct. It becomes the duty of the supreme court to decide which of the two claimants has the right to be known as Mr. Rash's legal widow.
Daniel Rash was an old timer. He removed from Iowa to the west in 1864 and 15 years ago settled near Missoula, where he acquired a ranch and fruit farm. He was thrifty and became well-to-do. In 1894 he married Mrs. Berthena McIntire, of Missoula. About one year later, he died, leaving an estate appraised at $10,000. After Mr. Rash's death it developed that, he had been married once before. A woman named Mrs. William Hadley put in an appearance soon after his death and claimed to be his lawful widow, and as such entitled to a dower right in the estate. She produced indisputable proof that she had been married in Iowa to Mr. Rash in 1858. She lived with him until 1864, two children being born to them, who are still living. In that year Mr. Rash left his wife and she never heard of him again until she learned shortly after his death that he had been living at Missoula. She had supposed that Mr. Rash was dead and in 1872 she married William Hadley with whom she is still living at her old home in Iowa. When she learned that her first husband had been living at the time she married her second husband a second wedding uniting her again to Mr. Hadley was had. Although another man's wife she then brought suit as the lawful widow of Mr. Rash and in the name of his children for his property.
The counsel for wife No. 2 contended that the law presumes every marriage valid until it has been proven otherwise. He claimed that it devolved upon the plaintiff to prove that Mr. Rash had not obtained a divorce from his first wife before he married his second. The court indulged in the presumption and after adopting the findings of facts returned by the jury, rendered judgment for Mrs. Berthena Rash, who lives at Missoula. Wife No. 1 appealed to the supreme court.
M. L. Crouch, of Missoula, counsel for wife No. 1, appeared before the supreme court yesterday in the interests of his client. The case was submitted, and in a week or two the supreme court will render a decision finally determining in the eyes of the law which of the litigants was the wife of Daniel Rash at the time of his death.
It is the first case of the kind ever appealed to the supreme court of Montana."
Published: Friday, May 20, 1898, Helena Independent, Helena, Montana
RE: Daniel W "Dan" Rash
His 2nd wife was Berthena Catherine "Bertha" Jefferson McEntyre Rash Mellott
(Birth JUL 1866 • Minnesota, USA - Death 12 NOV 1949 • McGillivray Falls, British Columbia, Canada), wife of DW Rash
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