James H. McDaniel to Abraham Lincoln, 1 October 18581
Dawson Ill Oct 1. 1858Mr Abraham LincolnDear SirThey Have Avertised to commenced that Suit of ours at this term of court.2 the Shiriff has not given us notice as yet I dont no whether he has to or not. please to Send us word Immediately what we had better do
and if you can attest to it for us and if you cant who else we had better Employ I dont hardly think they will commence it but we had better be ready
Yours Verry respectfullyJames H McDanielplease to Send word by first mail3<Page 2>
[Envelope]
DAWSON
G. W. R. R.
OCT[OCTOBER] 1Springfield IllAbrham Lincoln
G. W. R. R.
OCT[OCTOBER] 1Springfield IllAbrham Lincoln
2The Illinois State Journal advertised the referenced court case of the Circuit Court of Sangamon County, announcing that a subpoena in chancery was issued by Thomas and Sarah Correll and other complainants against James H. McDaniel and other defendants, returnable
the first day of the next term of the court, the third Monday in October.
James H. McDaniel’s sisters Sarah, Mary Ann, and Martha, along with their husbands, sued him and his brother Joseph, as well as other heirs of their father, William McDaniel, in March 1855 in Sangamon
County Circuit Court in a chancery action to set aside the father’s will. Lincoln
served as a defense attorney alongside William H. Herndon and James C. Conkling. The plaintiffs argued that James and Joseph took advantage of their dying, mentally
incompetent father and got him drunk to secure the most favorable inheritance in his
will. The sisters also stated that their father’s widow had renounced the will’s provisions
and had already received her dower. The jury found for the sisters and voided William
McDaniel’s will based on his mental incompetency in November 1855.
Lincoln’s team appealed to the Illinois Supreme Court, which heard the case and reversed the decision in December 1857 on the grounds that
the non-resident minor defendants were neither properly summoned nor represented in
the proceedings. The Court remanded the case back to the circuit court, ruling on
the necessity of including all defendants but not on the legality of the will.
James H. McDaniel is referring to the remanded case in the Sangamon Circuit Court
that began in August 1858. The judgment, passed down in April 1863, found for the
original defendants, including the McDaniel brothers, and validated their father William’s
will.
Daily Illinois State Journal (Springfield), 17 August 1858, 2:5; Correll et al. v. McDaniel et al., Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d edition (Springfield: Illinois Historic Preservation Agency, 2009), https://lawpracticeofabrahamlincoln.org/Details.aspx?case=139782; McDaniel et al. v. Correll et al., https://lawpracticeofabrahamlincoln.org/Details.aspx?case=139784; Correll et al. v. McDaniel et al., https://lawpracticeofabrahamlincoln.org/Details.aspx?case=139783.
Autograph Letter Signed, 2 page(s), Abraham Lincoln Papers, Library of Congress (Washington, DC).