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Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS

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Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS Schedule of Accounts, 3–4 June 1841 [JS Guardian of Maria Lawrence et al.] Schedule of Accounts, 3–4 June 1841, Copy [JS Guardian of Maria Lawrence et al.] Appointment, 4 June 1841 [JS Guardian of Maria Lawrence et al.] Bond, 4 June 1841 [JS Guardian of Maria Lawrence et al.] Bond, 4 June 1841, Andrew Miller Copy [JS Guardian of Maria Lawrence et al.] Bond, 4 June 1841, George Edmunds Jr. Copy [JS Guardian of Maria Lawrence et al.] Affidavit, 4 June 1841 [JS Guardian of Maria Lawrence et al.] Receipt to Executors of Edward Lawrence Estate, 4 June 1841 [JS Guardian of Maria Lawrence et al.] Receipt to Executors of Edward Lawrence Estate, 4 June 1841, William Clayton Copy [JS Guardian of Maria Lawrence et al.] Receipt to Executors of Edward Lawrence Estate, 4 June 1841, Andrew Miller Copy [JS Guardian of Maria Lawrence et al.] Statement of Account, 3 June 1843–A [JS Guardian of Maria Lawrence et al.] Statement of Account, 3 June 1843–A, Copy [JS Guardian of Maria Lawrence et al.] Statement of Account, 3 June 1843–B [JS Guardian of Maria Lawrence et al.] Statement of Account, 3 June 1843–B, Copy [JS Guardian of Maria Lawrence et al.] Statement of Account, 3 June 1843–C [JS Guardian of Maria Lawrence et al.] Petition, 28 May 1844 [JS Guardian of Maria Lawrence et al.]

Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS

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JS Guardian of Maria Lawrence, Sarah Lawrence, James Lawrence, Nelson Lawrence, Henry Lawrence, Julia Lawrence, and Margaret Lawrence
Adams Co., Illinois, Probate Court, 4 June 1841
 
Babbitt Guardian of James Lawrence, Nelson Lawrence, Henry Lawrence, Julia Lawrence, and Margaret Lawrence v. William Law, Coolidge Administrator of the Estate of JS, and Mary Fielding Smith Administratrix of the Estate of H. Smith
Hancock Co., Illinois, Circuit Court, 19 May 1846
 
Maria Lawrence, Sarah Lawrence, and Babbitt Guardian of James Lawrence, Nelson Lawrence, Henry Lawrence, Julia Ann Lawrence, and Margaret Lawrence v. Coolidge Administrator of the Estate of JS
Hancock Co., Illinois, Circuit Court, 22 May 1846
 
Historical Introduction
In 1841, the , Illinois, probate court appointed JS guardian of the seven children of , a Latter-day Saint who had died in 1839. JS attempted to relinquish the guardianship but was unable to complete the process before his own death in 1844. After JS’s death the court appointed as guardian of the five youngest Lawrence children, the two eldest having reached adulthood. Babbitt attempted to assume control of the children’s assets that remained in JS’s estate by submitting a claim and filing two separate lawsuits against the estate.
The and family converted to the Church of Jesus Christ of Latter-day Saints in Canada, then relocated to in winter 1839 and purchased a farm in , Illinois, about thirty miles from . Edward died within months of their arrival in Lima, leaving Margaret with six children between the ages of three and sixteen and pregnant with a seventh. Although Edward Lawrence’s will identified the executors of his estate, it did not name a legal guardian for his minor children. In such instances, Illinois law granted courts the right to appoint a guardian for children under fourteen and allowed children over fourteen the right to nominate a guardian themselves. Margaret Lawrence married on 24 December 1840, and they proceeded to support the youngest three children—Henry, Julia, and Margaret—in Lima, while , , James, and Nelson Lawrence went to live among several families in Nauvoo. Maria and Sarah lived with JS and .
 
JS Guardian of Maria Lawrence et al.
For unspecified reasons, seventeen-year-old and fifteen-year-old nominated JS as their guardian. The Probate Court approved their nomination and appointed JS legal guardian of all the Lawrence children on 4 June 1841. and , who acted as sureties to JS’s guardianship bond, affirmed the faithful execution of his duties as guardian. , , and ’s brother John Lawrence, all of whom were designated executors to the Lawrence estate, assigned JS approximately $3,800 in assets of the deceased to support the children financially.
JS’s duties as guardian required him to disperse payments from the estate for the ongoing care of the minor heirs and issue annual payments to for her one-third of the interest earned by the estate. On 4 June 1842, submitted a bill to JS summarizing his expenditures for the three minor children in his care, which JS paid. The following year, , JS, and a large company of Latter-day Saints traveled by steamboat to , Illinois. There, Clayton presented papers documenting JS’s handling of guardianship finances to Probate Justice of the Peace Andrew Miller. law granted probate courts the power to periodically require guardians “to render their respective accounts upon oath, touching their guardianship,” which accounting Clayton was apparently undertaking on JS’s behalf. The papers were insufficient or failed to meet the legal requirements of the court, as Miller found he “could do nothing with them.” After ascertaining what Miller wanted, Clayton compiled two accounts documenting $489.94 JS spent on the children from 1841 to 1843, which Miller accepted; Clayton then returned to the probate court with JS, who had been waiting on the steamboat, to certify the accuracy of the statements. According to Clayton, the balance of money for the guardianship totaled $3,790.89¾.
In January 1844, JS, with ’s assistance, settled the accounts of the Lawrence children at ’s store, distributed cash payments to and and , and took initial steps to transfer the guardianship to . These plans continued to mature in June, when JS sought to surrender his guardianship to Taylor in conjunction with Taylor pursuing litigation against for slandering Maria Lawrence. Law, one of the sureties for JS’s guardianship bond, experienced mounting conflict with JS in 1844 over JS’s increasing authority and influence in civic organizations and his plural marriages to several women, including Sarah and Maria Lawrence. At this time, JS had an unresolved petition for bankruptcy, and his alleged insolvency led Law to petition the Probate Court to examine the guardianship in May 1844. In his petition, Law noted the “large amount” of property belonging to the Lawrence heirs that was in JS’s possession, the risk of JS becoming “utterly insolvent, if he is not already so,” and ’s approved bankruptcy that required “supplementary security” upon the guardianship bond.
However, nothing came of ’s petition due to the murder of JS in June. ’s efforts to assume guardianship of the children failed to materialize prior to JS’s death, and subsequent instruction from church leaders dissuaded him from considering it further, leaving the guardianship uncertain. , who in the initial months after JS’s death played a formative role separating church assets from personal assets in the estate, traveled with to to resolve the guardianship, but they were informed by Judge Miller that settling “the Lawrence business” was impossible without the appointment of another guardian.
 
Babbitt Guardian of James Lawrence et al. v. William Law et al.
On 5 September 1844, , representing her three children under the age of fourteen, petitioned the Probate Court to appoint as guardian; James and Nelson Lawrence, both over fourteen, nominated Babbitt guardian. The probate court granted the petition and nomination, giving Babbitt guardianship over the five youngest Lawrence children. The two oldest children, and , were now adults. In May 1845, Babbitt, on behalf of the Lawrence children, submitted a $4,033.87 claim against the JS estate, which was allowed by the Hancock County Probate Court.
In addition to submitting a claim against the JS estate, as guardian of the five minor Lawrence children filed a lawsuit against and the estates of JS and on 1 September 1845 for a debt of $7,750 plus $500 damages. As sureties to JS’s 1841 guardianship bond, Hyrum Smith and Law had assumed responsibility for JS’s performance as guardian. On 23 October, , administrator of the estate of JS, appeared in court, but the other defendants—, administrator of the estate of Hyrum Smith, and Law—did not. The court initially gave Babbitt a default judgment, but damages were apparently “unknown to the court.” The court awarded a that allowed for the selection and swearing in of twelve jurors to assess the damages. For unspecified reasons, Babbitt took a and the suit was dismissed at his costs in the October 1845 court term.
 
Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS
In January 1846, filed a lawsuit against the JS estate that omitted as a defendant and included and as additional plaintiffs. The defendants failed to appear, and the suit was dismissed at the plaintiffs’ costs in May. The court awarded another writ of inquiry and the jury assessed the debt in the plaintiffs’ declaration at $7,750.06; the court ordered that the plaintiffs recover $4,275.88 in damages.
The amount of debt JS incurred during his lifetime, consisting of personal transactions and church debts he took on in his role as trustee-in-trust, exceeded the liquidated assets of his estate. Church trustees and assumed responsibility for some of these debts from JS’s death until 1846, when they were replaced by , , and . In August 1846, Babbitt, Heywood, and Fullmer issued a promissory note for $3,884.61 payable in one day to Babbitt as guardian of the Lawrence children, but it was apparently renegotiated with a new note that has not been located. In 1849, church recorder paid Babbitt for two personal financial transactions and $1,248.22 for a promissory note on the Lawrence estate. Babbitt was ready to dispose of additional property to the credit of the church trustees. There are no further indications of payments between the church and Babbitt as guardian of the Lawrence children.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
JS Guardian of Maria Lawrence et al., Adams Co., Illinois, Probate Court

1841 (5)

June (5)

3–4 June 1841

Schedule of Accounts, Quincy, Adams Co., IL, for the Estate of Edward Lawrence

4 June 1841

Andrew Miller, Appointment, Quincy, Adams Co., IL, to JS, Quincy, Adams Co., IL

  • 4 June 1841; Adams County Courthouse, Quincy, IL; microfilm 1,839,547 at FHL; printed form with manuscript additions in handwriting of Andrew Miller; docket printed with manuscript additions in handwriting of Andrew Miller.
4 June 1841

JS and Others, Bond, Quincy, Adams Co., IL, to “the People of the State of Illinois” for the use of Maria Lawrence and Others

4 June 1841

Hyrum Smith and William Law, Affidavit, before Andrew Miller, Quincy, Adams Co., IL

  • 4 June 1841; Adams County Courthouse, Quincy, IL; microfilm 1,839,547 at FHL; handwriting of Onias Skinner; signatures of Hyrum Smith and William Law; certification in handwriting of Andrew Miller; docket in handwriting of Onias Skinner; docket and notation in handwriting of Andrew Miller.
4 June 1841

JS, Receipt, Nauvoo, Hancock Co., IL, to Executors of the Estate of Edward Lawrence

1843 (3)

June (3)

3 June 1843

The Estate of Edward Lawrence, Statement of Account, Quincy, Adams Co., IL, for JS, 3 June 1843–A

3 June 1843

The Estate of Edward Lawrence, Statement of Account, Quincy, Adams Co., IL, for JS, 3 June 1843–B

3 June 1843

The Estate of Edward Lawrence, Statement of Account, Quincy, Adams Co., IL, for JS, 3 June 1843–C

1844 (1)

May (1)

28 May 1844

William Law, Petition, possibly Hancock Co., IL, to Andrew Miller, Quincy, Adams Co., IL

  • 28 May 1844; Adams County Courthouse, Quincy, IL; microfilm 1,839,547 at FHL; unidentified handwriting; signature of William Law; docket in handwriting of Andrew Miller.
 
Babbitt Guardian of James Lawrence et al. v. William Law et al., Hancock Co., Illinois, Circuit Court

1845 (4)

September (2)

1 September 1845

Almon Babbitt, Praecipe, to Hancock Co. Circuit Court Clerk, Carthage, Hancock Co., IL.

  • 1 Sept. 1845; photocopy in Historical Department, Materials Received from Mark W. Hofmann, CHL; handwriting of David E. Head; signature of Almon Babbitt; docket and notation in handwriting of David E. Head. QUESTIONED AUTHENTICITY.
1 September 1845

David E. Head, Summons, to Rock Island Co. Sheriff, for William Law and Others, Carthage, Hancock Co., IL

  • 1 Sept. 1845; BYU; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions presumably in handwriting of Benjamin J. Cobb; notations in handwriting of David E. Head.

October (2)

23 October 1845

Docket Entry, Nonsuit, Carthage, Hancock Co., IL

  • 23 Oct. 1845; Hancock County Circuit Court Record, vol. D, p. 356, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
Ca. 23 October 1845

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 23 Oct. 1845; Hancock County Circuit Court, Judgment Docket, vol. C, p. 13, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
 
Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS, Hancock Co., Illinois, Circuit Court

1841 (1)

June (1)

4 June 1841

JS and Others, Bond, Copy, Quincy, Adams Co., IL, to “the People of the State of Illinois” for the use of Maria Lawrence and Others

1843 (1)

December (1)

Ca. 23 December 1845

G. Edmunds Jr., Praecipe, to David E. Head, Carthage, Hancock Co., IL

  • Ca. 23 Dec. 1845; Hancock County Illinois Circuit Court Legal Documents, 1839–1860, BYU; handwriting of G. Edmunds Jr.; docket and notations in handwriting of David E. Head.

1844 (1)

September (1)

5 September 1841

David Greenleaf, Appointment, Carthage, Hancock Co., IL, to Almon Babbitt, Hancock Co., IL

1845 (1)

December (1)

24 December 1845

David T. LeBaron, Bond, Carthage, Hancock Co., IL

  • 24 Dec. 1845; Hancock County Illinois Circuit Court Legal Documents, 1839–1860, BYU; handwriting of G. Edmunds Jr.; signature presumably of David T. LeBaron; docket and notation in handwriting of G. Edmunds Jr.; notations in handwriting of D. C. Bryant.

1846 (10)

January (2)

Ca. 5 January 1846

G. Edmunds Jr., Praecipe, to David E. Head, Carthage, Hancock Co., IL

  • Ca. 5 Jan. 1846; Hancock County Courthouse, Carthage IL; handwriting of G. Edmunds Jr.; docket in handwriting of G. Edmunds Jr.; notations in handwriting of D. C. Bryant.
6 January 1846

D. C. Bryant on behalf of David E. Head, Summons, to Hancock Co. Sheriff, for Joseph W. Coolidge Administrator of the Estate of JS, Carthage, Hancock Co., IL

  • 6 Jan. 1846; Hancock County Courthouse, Carthage IL; printed form with manuscript additions in handwriting of D. C. Bryant; docket printed with manuscript additions in handwriting of D. C. Bryant; notations printed with manuscript additions in handwriting of Jacob B. Backenstos; notation in handwriting of D. C. Bryant.

April (1)

Ca. 26 April 1846

George Edmunds Jr. on behalf of Maria Lawrence and Others, Declaration, Carthage, Hancock Co., IL

May (7)

19 May 1846

Docket Entry, Dismissal, Carthage, Hancock Co., IL

  • 19 May 1846; Hancock County Circuit Court Record, vol. D, p. 404, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of D. C. Bryant.
Ca. 19 May 1846

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 19 May 1846; Hancock County Circuit Court, Judgment Docket, vol. C, p. 128, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
20 May 1846

Docket Entry, Writ of Inquiry, Carthage, Hancock Co., IL

  • 20 May 1846; Hancock County Circuit Court Record, vol. D, p. [419], Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
21 May 1846

David E. Head, Subpoena, to Hancock Co. Sheriff, for David Greenleaf, Carthage, Hancock Co., IL

  • 21 May 1846; Hancock County Courthouse, Carthage IL; printed form with manuscript additions in unidentified handwriting; docket printed with manuscript additions in unidentified handwriting; notations printed with manuscript additions in handwriting of Jacob B. Backenstos.
22 May 1846

Docket Entry, Judgment, Carthage, Hancock Co., IL

  • 22 May 1846; Hancock County Circuit Court Record, vol. D, pp. [445]–446, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
Ca. 22 May 1846

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 22 May 1846; Hancock County Circuit Court, Judgment Docket, vol. C, p. 38, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
25 May 1846

David Greenleaf, Affidavit, before D. C. Bryant on behalf of David E. Head, Carthage, Hancock Co., IL

  • 25 May 1846; microfilm 1,637,612 at FHL; printed form with manuscript additions in unidentified handwriting; certified by D. C. Bryant; signature of David Greenleaf; docket and notation in handwriting of David E. Head.
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Related Case Documents
Editorial Title
Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS
ID #
19897
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Documents for this case identify Babbitt as guardian for the heirs of Edward Lawrence, rather than listing the heirs by name. Babbitt was appointed guardian of the five youngest Lawrence children on 5 September 1844. (Docket Entry, 5 Sept. 1844 [Babbitt Guardian of James Lawrence et al.]; Bond, 5 Sept. 1844 [Babbitt Guardian of James Lawrence et al.]; Appointment, 5 Sept. 1844 [Babbitt Guardian of James Lawrence et al.].)

    2. [2]

      Appointment, 4 June 1841 [JS Guardian of Maria Lawrence et al.]; Bond, 4 June 1841 [JS Guardian of Maria Lawrence et al.].

    3. [3]

      Clayton, Journal, 10, 15, and 23 Jan. 1844; JS, Journal, 4 June 1844.

      Clayton, William. Journals, 1842–1845. CHL.

    4. [4]

      Hancock Co., IL, Probate Court, Probate Record, vol. A, pp. 352–353, microfilm 954,481, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

    5. [5]

      William Law, Churchville, Canada, to Isaac Russell, Cumberland, England, 10 Nov. 1837, copy, Isaac Russell Correspondence, CHL; Cook, William Law, 119; William and Amelia Ayers to Edward Lawrence, Deed, 15 Feb. 1839, Adams Co., IL, Deeds, 1825–1886, vol. O, p. 95, microfilm 967,540, U.S. and Canada Record Collection, FHL.

      Russell, Isaac. Correspondence, 1837–1840. CHL. MS 6066.

      Cook, Lyndon W. William Law: Biographical Essay, Nauvoo Diary, Correspondence, Interview. Orem, UT: Grandin Book, 1994.

      U.S. and Canada Record Collection. FHL.

    6. [6]

      Madsen, “Joseph Smith as Guardian,” 172.

      Madsen, Gordon A. “Joseph Smith as Guardian: The Lawrence Estate Case.” Journal of Mormon History 36, no. 3 (2010): 172–211.

    7. [7]

      Madsen, “Joseph Smith as Guardian,” 172; “Edward Lawrence Will,” 5 Nov. 1839, Adams Co., IL, Will Records, 1837–1908, vol. 1, pp. 44–46, microfilm 961,242, U.S. and Canada Record Collection, FHL; Schedule of Accounts, 3–4 June 1841 [JS Guardian of Maria Lawrence et al.]; An Act concerning Minors, Orphans, and Guardians [5 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 465, sec. 1.

      Madsen, Gordon A. “Joseph Smith as Guardian: The Lawrence Estate Case.” Journal of Mormon History 36, no. 3 (2010): 172–211.

      U.S. and Canada Record Collection. FHL.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    8. [8]

      Marriages of Adams County, Illinois 1825–1860, 1:17; see Introduction to State of Illinois v. JS for Adultery and Fornication; “Edward Lawrence Will,” 5 Nov. 1839, Adams Co., IL, Will Records, 1837–1908, vol. 1, p. 45, microfilm 961,242, U.S. and Canada Record Collection, FHL; and Madsen, “Joseph Smith as Guardian,” 186–187.

      Marriages of Adams County, Illinois 1825–1860. Quincy, IL: Great River Genealogy Society, 1979.

      U.S. and Canada Record Collection. FHL.

      Madsen, Gordon A. “Joseph Smith as Guardian: The Lawrence Estate Case.” Journal of Mormon History 36, no. 3 (2010): 172–211.

    9. [9]

      Cook, William Law, 119; Appointment, 4 June 1841 [JS Guardian of Maria Lawrence et al.]; Bond, 4 June 1841 [JS Guardian of Maria Lawrence et al.]; Affidavit, 4 June 1841 [JS Guardian of Maria Lawrence et al.].

      Cook, Lyndon W. William Law: Biographical Essay, Nauvoo Diary, Correspondence, Interview. Orem, UT: Grandin Book, 1994.

    10. [10]

      “Edward Lawrence Will,” 5 Nov. 1839, Adams Co., IL, Will Records, 1837–1908, vol. 1, pp. 44–46, microfilm 961,242, U.S. and Canada Record Collection, FHL; Schedule of Accounts, 3–4 June 1841 [JS Guardian of Maria Lawrence et al.]; Madsen, “Joseph Smith as Guardian,” 185–186.

      U.S. and Canada Record Collection. FHL.

      Madsen, Gordon A. “Joseph Smith as Guardian: The Lawrence Estate Case.” Journal of Mormon History 36, no. 3 (2010): 172–211.

    11. [11]

      An Act concerning Minors, Orphans, and Guardians [5 Feb. 1827], Public and General Statute Laws of the State of Illinois pp. 466–467, secs. 9–11; An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 696, sec. 40.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    12. [12]

      Statement of Account from Josiah Butterfield, 4 June 1842; JS, Journal, 4 June 1842. According to the laws of coverture, the legal rights of Margaret Lawrence, once she married Butterfield, were subsumed into his; thus, any bills she would accrue for the care of her children would be submitted to the probate court by him. (“Coverture,” in Bouvier, Law Dictionary, 1:271.)

      Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

    13. [13]

      An Act concerning Minors, Orphans, and Guardians [5 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 466, sec. 7.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    14. [14]

      Clayton, Journal, 3 June 1843; Statement of Account, 3 June 1843–A [JS Guardian of Maria Lawrence et al.]; Statement of Account, 3 June 1843–B [JS Guardian of Maria Lawrence et al.].

      Clayton, William. Journals, 1842–1845. CHL.

    15. [15]

      Clayton, Journal, 10, 15, and 23 Jan. 1844; JS’s Store Daybook B, 1842–1844, 10 and 15 Jan. 1844, 93–93[a], Iowa Masonic Library, Cedar Rapids, microfilm copy at CHL.

      Clayton, William. Journals, 1842–1845. CHL.

      Smith, Joseph. Daybook, 1842–1844. Iowa Masonic Library, Cedar Rapids. Microfilm copy at CHL.

    16. [16]

      Illinois law allowed guardians to prosecute and defend their wards “in all cases.” JS thought once Taylor became guardian of the Lawrence children, he could join JS, Almon Babbitt, Hyrum Smith, and others in a countersuit against William and Wilson Law, Joseph H. Jackson, and Charles A. and Robert D. Foster for perjury and slander. (Introduction to State of Illinois v. JS for Adultery and Fornication; An Act concerning Minors, Orphans, and Guardians [5 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 465, sec. 5; JS, Journal, 4 June 1844; Madsen, “Joseph Smith as Guardian,” 201.)

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

      Madsen, Gordon A. “Joseph Smith as Guardian: The Lawrence Estate Case.” Journal of Mormon History 36, no. 3 (2010): 172–211.

    17. [17]

      Lovina Smith Walker, Certificate, Salt Lake Co., Utah Territory, 16 June 1869, in Joseph F. Smith, Affidavits about Celestial Marriage, 1:30, 4:30; Emily Dow Partridge Young, “Autobiography,” Woman’s Exponent, 1 Aug. 1885, 14:38.

      Smith, Joseph F. Affidavits about Celestial Marriage, 1869–1915. CHL. MS 3423.

      Woman’s Exponent. Salt Lake City. 1872–1914.

    18. [18]

      Introduction to State of Illinois v. JS for Adultery and Fornication; Petition, 28 May 1844 [JS Guardian of Maria Lawrence et al.].

    19. [19]

      Petition, 28 May 1844 [JS Guardian of Maria Lawrence et al.]. When an Illinois probate court called a guardian to render an account of a guardianship, the court could require “supplemental security” at the judge’s discretion. Additionally, courts could remove guardians “for good and sufficient reasons” that were entered on record. (An Act concerning Minors, Orphans, and Guardians [5 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 466, secs. 7–8.)

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    20. [20]

      Agreement with John Taylor, 23 January 1844; Clayton, Journal, 23 January 1844; JS, Journal, 4 June 1844; Richards, Journal, 12 Aug. 1844.

      Clayton, William. Journals, 1842–1845. CHL.

      Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

    21. [21]

      Clayton, Journal, 30–31 July 1844; Allen, Trials of Discipleship, 185n10.

      Clayton, William. Journals, 1842–1845. CHL.

      Allen, James B. Trials of Discipleship: The Story of William Clayton, A Mormon. Urbana, IL: University of Illinois Press, 1987.

    22. [22]

      Docket Entry, 5 Sept. 1844 [Babbitt Guardian of James Lawrence et al.]; Bond, 5 Sept. 1844 [Babbitt Guardian of James Lawrence et al.]; Appointment, 5 Sept. 1844 [Babbitt Guardian of James Lawrence et al.].

    23. [23]

      Docket Entry, Allowed Claim from Almon Babbitt, 6 May 1845 [Coolidge Administrator of the Estate of JS].

    24. [24]

      Praecipe, 1 Sept. 1845 [Babbitt Guardian of James Lawrence et al. v. William Law et al.]; Summons, 1 Sept. 1845 [Babbitt Guardian of James Lawrence et al. v. William Law et al.].

    25. [25]

      Appointment, 4 June 1841 [JS Guardian of Maria Lawrence et al.]; Bond, 4 June 1841 [JS Guardian of Maria Lawrence et al.]; Affidavit, 4 June 1841 [JS Guardian of Maria Lawrence et al.]; Receipt to Executors of Edward Lawrence Estate, 4 June 1841 [JS Guardian of Maria Lawrence et al.]; Madsen, “Serving as Guardian,” in Sustaining the Law, 351.

      Madsen, Gordon A. “Serving as Guardian under the Lawrence Estate, 1842–1844.” In Sustaining the Law: Joseph Smith’s Legal Encounters, edited by Gordon A. Madsen, Jeffrey N. Walker, and John W. Welch, 401–426. Provo, UT: BYU Studies, 2014.

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      Docket Entry, Nonsuit, 23 Oct. 1845 [Babbitt Guardian of James Lawrence et al. v. William Law et al.].

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      Praecipe, ca. 5 Jan. 1846 [Maria Lawrence et al v. Coolidge Administrator of the Estate of JS]; Summons, 6 Jan 1846 [Maria Lawrence et al v. Coolidge Administrator of the Estate of JS].

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      Docket Entry, Dismissal, 19 May 1846 [Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS]; Docket Entry, Writ of Inquiry, 20 May 1846 [Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS].

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      Docket Entry, Judgment, 22 May 1846 [Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS]. Babbitt also filed a separate lawsuit against the Hyrum Smith estate for debts amounting to $7,750.06. The court ordered that the plaintiffs recover $4,275.88 in damages. (Hancock Co., IL, Circuit Court Records, 1829–1897, vol. D, p. 445, microfilm 947,496, U.S. and Canada Record Collection, FHL.)

      U.S. and Canada Record Collection. FHL.

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      Madsen, “Serving as Guardian,” in Sustaining the Law, 353; Bentley, “In the Wake of the Steamboat Nauvoo,” 40–45.

      Madsen, Gordon A. “Serving as Guardian under the Lawrence Estate, 1842–1844.” In Sustaining the Law: Joseph Smith’s Legal Encounters, edited by Gordon A. Madsen, Jeffrey N. Walker, and John W. Welch, 401–426. Provo, UT: BYU Studies, 2014.

      Bentley, Joseph I. “In the Wake of the Steamboat Nauvoo.” Journal of Mormon History 35, no. 1 (Winter 2009): 41-45.

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      Dan Jones to Trustees, Promissory Note, 28 Aug. 1844; Brigham Young to John Taylor, Promissory Note, 5 Oct. 1845; Benjamin F. Marsh to Babbit, Heywood and Fullmer, Receipt, 26 May 1846; Newel K. Whitney and George Miller, Appointment as Trustees, 12 Aug. 1844, Nauvoo Trustees Papers, 1846–1848, CHL; George Miller and Newel K. Whitney, Certificate of Election, 24 Jan. 1846, Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 2, p. 144, microfilm 954,776, U.S. and Canada Record Collection, FHL.

      Nauvoo Trustees Papers, 1844–1848. CHL.

      U.S. and Canada Record Collection. FHL.

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      Almon Babbitt to Almon Babbitt, Joseph Heywood, and John Fullmer, Receipt, 19 Aug. 1846, Nauvoo Trustees Papers, 1846–1848, CHL.

      Nauvoo Trustees Papers, 1844–1848. CHL.

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      Thomas Bullock, Statement of Account, 4 July 1849, CHL.