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Note: RESEARCH STANDARD APPLIED Researched by Timothy J. Barron, updated September 13, 2020 May Belle Barron is my paternal second great aunt, which is via common ancestry with Joseph Worland Barron and Mary Elizabeth Wright. May was initially identified by Jean Lebal and Sharon Barron. Based on the application of recognized genealogical standards of proof, the descent and family structure of May Belle Barron is sufficiently established beyond any reasonable doubt. The basis for the descent of May begins with her marriage record, which lists the full names of both parents. This is followed by the census records, which which shows her living with her parents. This has been subsequently supported with the additional interlocking records and documentation listed further below. 1874 BIRTH OF HENRY HAMMOND SMITH Researched by Timothy J. Barron, updated September 13, 2020 Henry Hammond Smith was born on Saturday, November 28, 1874, in Woburn, Middlesex County, Massachusetts, USA. The "Massachusetts, Town and Vital Records, 1620-1988" is a historical record collection from the Ancestry website, and contains the following indexed listing: "Name: Henry Hammond Smith; Event Type: Birth; Birth Date: 1874; Birth Place: Woburn, Massachusetts." 1878 BIRTH OF MAY BELLE BARRON Researched by Timothy J. Barron, updated September 13, 2020 May Belle Barron was born on Thursday, April 4, 1878, in Lockport, Niagara County, New York, USA. 1880 CENSUS OF HENRY HAMMOND SMITH Researched by Timothy J. Barron, updated September 13, 2020 The U.S. Census enumerated on Thursday, June 3, 1880, shows Henry Hammond Smith living with his parents in Woburn, Middlesex County, Massachusetts, USA. The following information was transcribed from the actual document, which was obtained from the Ancestry website: "Henry H. Smith, white, male, age 5, son, single, at school, born in Massachusetts, father born in Rhode Island, mother born in New Hampshire." 1880 CENSUS OF MAY BELLE BARRON Researched by Timothy J. Barron, updated September 13, 2020 The U.S. Census enumerated on Friday, June 4, 1880, shows May Belle Barron living with her parents at Lockport, Niagara County, New York, USA. The following information was transcribed from the actual document, which was obtained from the Ancestry website: “May B. Barron, white, female, age 2, daughter, single, born in New York, father born in England, mother born in New York." 1896 MARRIAGE OF HENRY HAMMOND SMITH AND EVA WARNER Researched by Timothy J. Barron, updated September 15, 2020 Henry Hammond Smith and Eva B. Warner were married on Tuesday, June 16, 1896, in Hammondsport, Steuben County, New York, USA. The "New York State, Marriage Index, 1881-1967" is a historical record collection from the Ancestry website, and contains the following indexed listing: "Name: Henry H Smith; Gender: Male; Marriage Date: 16 Jun 1896; Marriage Place: Hammondsport, New York, USA; Spouse: Eva B Warner; Certificate Number: 10718; Records Sharing Certificate Number: Name: Eva B Warner, Henry H Smith." 1898 NEWSPAPER ARTICLE ON MAY BELLE BARRON Researched by Timothy J. Barron, updated September 13, 2020 The following appeared in the Lockport Daily Journal newspaper from Lockport, Niagara County, New York, USA, on Wednesday, April 27, 1898, page 8. The following is a transcription of the article: "Amusements. Students' Recital. The fourth recital by students in the Oliver Willis Halsted Conservatory of Music was given last evening." The following is the portion of the article mentioning May Belle Barron: "Piano - Barcarolie in G minior - Mrs. H.H.A. Beach, May Belle Barron" and "Piano - Coronation March - Meyerbeer May Empson, May Belle Barron." 1899 MARRIAGE OF HENRY HAMMOND SMITH AND MAY BELLE BARRON Researched by Timothy J. Barron, updated September 13, 2020 Henry Hammond Smith and May Belle Barron were married on Sunday, November 12, 1899, in Gasport, Niagara, County, New York, USA. At the time of their marriage, Henry was 24 years old, and May was 21 years old. As outlined in the information further below, when he married May the first time in 1899, Henry was not divorced from his prior wife Eva. The "New York State, Marriage Index, 1881-1967" is a historical record collection from the Ancestry website, and contains the following indexed listing: "Name: Henry H Smith; Gender: Male; Marriage Date: 12 Nov 1899; Marriage Place: Gasport, New York, USA; Spouse: May B Barron; Certificate Number: 20823; Records Sharing Certificate Number: Name: Henry H Smith, May B Barron." 1900 CENSUS OF HENRY HAMMOND SMITH Researched by Timothy J. Barron, updated September 13, 2020 The U.S. Census enumerated on Monday, June 4, 1900, shows Henry Hammond Smith living with his parents 207 Kirk Avenue in Syracuse, Onondaga County, New York, USA. The following information was transcribed from the actual document, which was obtained from the Ancestry website: “Henry H. Smith, son, white, male, born November 1874, age 25, married 4 years [sic], born in Massachusetts, father born in Rhode Island, mother born in New Hampshire, occupation is salesman soap, no month unemployed, can read, can write, speaks English." 1900 CENSUS OF MAY BELLE SMITH Researched by Timothy J. Barron, updated September 13, 2020 The U.S. Census enumerated on Tuesday, June 5, 1900, lists May Belle Smith living with her parents at 71 Saxton Street in Lockport, Niagara County, New York, USA. The following information was transcribed from the actual document, which was obtained from the Ancestry website: "Mary B. Smith, daughter, white, female, born April 1878, age 22, married, born in New York, father born in England, mother born in New York, can read, can write.” 1906 DIVORCE OF HENRY HAMMOND SMITH AND EVA SMITH Researched by Timothy J. Barron, updated September 13, 2020 Henry Hammond Smith and Eva Smith were divorced on Wednesday, March 21, 1906, in Rome, Oneida County, New York, USA. As outlined in the information further below, when he married May the first time in 1899, Henry was not divorced from his prior wife Eva. 1906 MARRIAGE OF HENRY HAMMOND SMITH AND MAY BELLE BARRON Researched by Timothy J. Barron, updated September 13, 2020 Henry Hammond Smith and May Belle Barron were married a second time on Tuesday, May 29, 1906, in Welland, Ontario, Canada. As outlined in the information further below, when he married May the first time in 1899, Henry was not divorced from his prior wife Eva. This second marriage occurred after the divorce was granted earlier in 1906. At the time of their second marriage, Henry was 31 years old, and May was 28 years old. The “Ontario, Canada Marriages, 1801-1928” is a historical record collection from the Ancestry website, and contains the following indexed listing: "Name: May Bella Barron; Birth Place: Lockeport; Age: 28; Estimated Birth Year: about 1878; Father Name: Jos W. Barron; Mother Name: Mary Wright Barron; Spouse Name: H. Henry Smith; Spouse's Age: 31; Spouse Birth Place: Woburn, Mass; Spouse Father Name: Henry F. Smith; Spouse Mother Name: Helen S Metcalf Smith; Marriage Date: May 29, 1906; Marriage County or District: Welland." The following information was transcribed from the actual document, which was a typewritten form with handwritten information, and obtained from the Ancestry website: The following is a transcription of the actual record: "Name of Groom: Henry H. Smith; Age: 31; Date of Marriage: May 29, 1916; Place of Marriage: Bridgeburg, Welland County, Ontario, Canada; Resident When Married: Toronto; Place of Birth Woburn, Mass; Bachelor or Widow: Bachelor; Occupation: Traveller; Name of Father: Henry F. Smith; Maiden Name of Mother: Helen S. Metcalf; Religious Denomination: Universalist; Name of Bride: May Bella Barron; Age: 28; Residence When Married: Lockport; Place of Birth: Lockport; Spinster or Widow: Spinster; Name of Father: Jos. W. Barron; Maiden Name of Mother: Mary Wright; Religious Denomination: Presbyterian; Name and Residences of Witnesses: Eva Vahey, Bridgeburg, Edith Flagy, Bridgeburg; By Whom Married: E.L. Flagy; Date of Registration: May 29, 1906." 1910 CENSUS OF THE MAY BELLE SMITH FAMILY Researched by Timothy J. Barron, updated September 13, 2020 The U.S. Census enumerated on Tuesday, April 19, 1910, show the family of May Belle Smith living with her parents at 71 Saxton Street in Lockport, Niagara County, New York. Henry Smith is not listed. The following information was transcribed from the actual document, which was obtained from the Ancestry website: "Joseph Barron, head of household, male, white, age 68, married 42 years, born in England, father born in England, mother born in England, immigrated in 1852, naturalized, no occupation, can read, can write, house rented, not a farm, survivor of the Union or Confederate Army or Navy; Mary E. Barron, wife, female, white, age 67, married 42 years, 2 [sic] children born, 5 children living, born in New York, father born in US, mother born in England, no occupation, can read, can write; Bertha S. Barron, daughter, female, white, age 34, single, born in New York, father born in England, mother born in New York, occupation is teacher at school, can read, can write, not out of work on April 15, 1910, out of work 0 weeks during 1909, can read, can write; May Smith, daughter, female, white, age 31, married 10 years, 2 children born, 2 children living, born in New York, father born in England, mother born in New York, no occupation, can read, can write; Ralph Smith, grandson, male, white, age 7, single, born in New York, father born in Massachusetts, mother born in New York, attending school; Maybelle Smith, granddaughter, female, white, age 5, single, born in New York, father born in Massachusetts, mother born in New York, attending school." 1915 CENSUS OF MAY BELLE SMITH FAMILY Researched by Timothy J. Barron, updated September 13, 2020 The New York State Census enumerated on Tuesday, June 1, 1915, shows the family of May Belle Smith living with her sister at 766 Elmwood Avenue in Buffalo, Erie County, New York, USA. The following information was transcribed from the actual document, which was obtained from the Ancestry website: “Ida M. Sherwood, head of household, white, male, age 38 born in US, occupation is sales lady; Dorothy Sherwood, daughter, white, female, age 6, born in US, occupation is at school; Margaret Sherwood, daughter, white, female, age 8, born in US, occupation is at school; May Smith, sister, white, female, age 35, born in US, occupation is housework; Maybelle Smith, niece, white, female, age 10, born in US, occupation is at school.” 1918 COURT CASE OF HENRY HAMMOND SMITH AND MAY BELLE SMITH Researched by Timothy J. Barron, updated September 16, 2020 The book “Supreme Court Appellate Division 4th Dept.” Volume 1603, was published in 1918, and contains the proceedings of multiple cases decided by the Supreme Court of the State of New York. The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Supreme Court, Appellate Division, Fourth Department. May Belle Smith, Plaintiff - Respondent, vs. Henry Hammond Smith, Defendant - Appellant.” “This action was commenced in the Supreme Court of Erie County by service of summons and complaint upon the defendant on the 17th day of December, 1918. Answer was served on the 18th day of December, 1918. Notice of motion for counsel fee and alimony was heard at a Special Term held in and for the County of Erie at the City Hall in the City of Buffalo, New York, on the 23rd dav of December, 1918, before the Hon. Charles H. Brown, J. S. C. The motion resulted. in an order directing the defendant to pay to the plaintiff’s attorney the sum of $100.00 counsel fee and that he also pay to the plaintiff the sum of $20.00 per week for her support and the support of her children during the pendency of this action. Defendant appealed on the 28th day of December, 1918, and the appeal brings up for review each and every part of said order. The names of the original parties are given correctly in the above title and there has been no change of parties.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Summons. State of New York, Supreme Court, County of Erie. May Belle Smith, Plaintiff, vs. Henry Hammond Smith, Defendant.” “To the above named Defendant: You area hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff’s attorney within twenty days after the service of this summons, exclusive of the day of service; and, in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Trial to be held in the County of Erie. Dated this 25th day of November, 1918. Ira W. Smith, Plaintiff’s Attorney, Office, No. 638 Ellicott Square, P. O. Address, Buffalo, N. Y.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Complaint. Supreme Court, County of Erie. May Belle Smith, Plaintiff, vs. Henry Hammond Smith, Defendant.” The complaint of the above named plaintiff, by her attorney, Ira W. Smith, respectfully shows to this Court: That on or about the 29th day of May, 1906, the plaintiff and defendant were married at Bridgeburg, Province of Ontario, Dominion of Canada. That the plaintiff is now a resident of the City of Buffalo, County of Erie and State of New York, and as she is informed and believes, the defendant is a resident of the City of Syracuse, Onondaga County, New York, and were such residents at the time of the commencement of this action. That the plaintiff continued to reside with the defendant as his wife until about the 24th day of March, 1908.” “That during the time she lived and cohabited with said defendant, as aforesaid, she had two children by him, to wit: Ralph Barron Smith, who is now of the age of fifteen years and upwards; and May Belle Smith, who is now of the age of thirteen years and upwards; that during all that time she conducted herself with propriety, managed the household affairs of said husband with prudence and economy, and at all times treated her said husband with kindness and forbearance; but that the said defendant, on or about the 24th day of March, 1908, without just cause or provocation, and without the knowledge or con sent of this plaintiff, abandoned this plaintiff, and ever since has lived separate and apart from her.” “And the plaintiff further shows that since the time that the defendant abandoned her he has neglected and refused to provide for her support and maintenance, and the support and maintenance of the said children, and that she has been and is now entirely dependent upon her own labor and the charity of her relatives for her support; and that she is now without means and in great need.” “That the said defendant is a traveling salesman, and has been so engaged for a number of years, and as this plaintiff has been informed and believes, is earning a salary of about One Hundred and Fifty Dollars ($150.00) a month, and further, that during the latter part of 1917, Helen S. Smith, the mother of this defendant, died, leaving a Last Will and Testament, whereby the said defendant receives the income from one-half of her estate, which income as plaintiff is informed and believes, amounts to about Six Hundred Dollars ($600.00) per annum, and that the total annual income of said defendant, as this plaintiff is informed and believes, is about Twenty-four Hundred Dollars ($2400.00).” “Therefore, the plaintiff prays judgment that the defendant and the plaintiff be separated from bed and board forever, and that defendant make a proper and suitable provision for the support and maintenance of the plaintiff and her children, and that plaintiff may have the care and custody of the said children, and may have her costs of this action, and such other and further relief as may be just and proper. Ira W. Smith, Plaintiff’s Attorney, Office & Post Office Address, No. 638 Elliott Square, Buffalo, N. Y.” “State of New York, County of Erie, City of Buffalo. May Belle Smith, being duly sworn, deposes and says that she is the plaintiff in this action; that she has heard read the foregoing complaint and knows the contents thereof; that the same is true to the knowledge of deponent, except as to the matters therein stated to be alleged upon in formation and belief, and that as to those matters she believes it to be true. [i.e. signed] May Belle Smith. Sworn to before me, this 25th day of November, 1918. [i.e. signed] R. E. Barnwill, Notary Public, Erie County.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Answer. Supreme Court, County of Erie. May Belle Smith, Plaintiff, vs. Henry Hammond Smith, Defendant. The defendant herein answering the plaintiff's complaint.” “First. Admits that on or about the 29th day of May, 1906, a marriage ceremony was performed between the plaintiff and defendant at Bridgeburg, Province of Ontario, Dominion of Canada, but alleges that said marriage was illegal, fraudulent and of no effect; and further alleges that theretofore in a certain action then pending between Eva B. Smith and this defendant a judgment or decree of the Supreme Court of the State of New York of which state this defendant was then a resident, was duly entered, in and by the terms of which this defendant was forbidden and prohibited from marrying during the life time of said Eva B. Smith, without further order of the Court; and this defendant further alleges that the said Eva B. Smith was living on the 29th day of May, 1906, and that no order of the Court had ever been made permitting this defendant to re-marry and that all of said facts were known to the plaintiff herein at the time and previous to the performance of said marriage ceremony.” “Second. And this defendant admits that the plaintiff is a resident of the City of Buffalo, Erie County New York, that the plaintiff and defendant resided together as husband and wife until some date on or previous to the 24th day of March, 1908, and that there are two children of plaintiff and defendant, Ralph Baron Smith and May Belle Smith of the age of 15 and 13 years respectively, residing with said plaintiff.” “Third. And this defendant further admits that since the said 24th day of March, 1908, the defendant has not lived with the plaintiff; that he has not provided for the support and maintenance of the plaintiff nor the support and maintenance of the said children; and he further admits that he is a travelling salesman and has been so engaged for a number of years; and that during the latter part of 1917, Helen S. Smith the mother of this defendant died, leaving a last Will and Testament.” “Fourth. Defendant denies that he left the plaintiff without just cause or provocation and without the knowledge or consent of the plaintiff as alleged in said complaint; but he alleges on the contrary that the separation of plaintiff and defendant was at the request and solicitation of the plaintiff who requested this defendant to leave her home and informed him that she would not live with him any longer. That this defendant was then prepared, willing and desirous of living with said plaintiff and furnishing a home for her and her said children but that plaintiff refused to live with him.” “Fifth. Further answering said complaint, this defendant denies that he has knowledge or in formation sufficient to form a belief as to the allegations in said complaint contained to the effect that plaintiff is dependent upon her labor and the charity of her relatives for support and that she is now without means.” “Sixth. Further this defendant denies said complaint and each and every allegation thereof not hereinbefore specifically admitted or controverted.” “Seventh. And as a further defense to the cause of action alleged in the complaint, this defendant alleges that more than ten years has elapsed since the occurrance of the various acts alleged in the complaint; and that the cause of action stated in the complaint did not accrue with in ten years before the commencement of this action.” “Eighth. This defendant alleges that he has been out of employment for some time and has just entered into a contract to travel as a traveling salesman upon a commission and without salary and does not know what his income will be; that at present he is without an income. That during the past year his income including such amount as he has received from the estate of his deceased mother, Helen S. Smith, has not exceed ed the sum of $1,000.00. Wherefore, defendant demands judgment that the plaintiff’s complaint be dismissed with costs. Young, Farmer & Daley, Attorneys for Defendant, Office & Post Office Address, 409 City Bank Bldg., Syracuse, N.Y.” “State of New York, County o fOnondaga, City of Syracuse, Henry Hammond Smith, being duly sworn, de poses and says that he has read the foregoing answer and knows the contents thereof; that the same is true to his own knowledge except as to the matters therein stated to be alleged upon in formation and belief and that as to those matters he believes it to be true. [i.e. signed] Henry H. Smith. Subscribed and sworn to before me this 17th day of December, 1918. [i.e. signed] Ray T. Young, Notary Public.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Notice of Motion. Supreme Court, County of Erie. May Belle Smith, Plaintiff, vs. Henry Hammond Smith, Defendant.” “Sir: Take Notice, that upon the summons and complain therein, and the affidavit of May Belle Smith, sworn to on the 4th day of December, 1918, and upon all the proceedings had and taken in the above entitled action, the undersigned will make a motion before this Court, at a Term thereof appointed to be held in and for the County of Erie, at the City and County Hall, in the City of Buffalo, New York, on the 23rd day of December, 1918, at ten o’clock in the forenoon, or as soon thereafter as counsel can be heard, for an order awarding alimony and counsel fee to this plain tiff during the pendency of this action, and for such other, further and different relief as may be just and proper. Answering affidavits must be served five (5) days before the return day. Dated, December 4th, 1918. Yours, etc., [i.e. signed] Ira. W. Smith, Attorney for Plaintiff, Office & Post Office Address, No. 638 Ellicott Square, Buffalo, N.Y. To: Henry Hammond Smith, Defendant.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Moving Affidavit. Supreme Court, County of Erie. May Belle Smith, Plaintiff, vs. Henry Hammond Smith, Defendant. State of New York, County of Erie, City of Buffalo, May Belle Smith, being duly sworn, deposes and says:” “I am the plaintiff named in the above entitled action. That previous to November 12th, 1899, the defendant represented to me that he had been previously married, and that he was divorced from his wife, and had a legal right to re-marry, and with full confidence in what he told me, on November 12th, 1899, we went to a minister at Gasport, New York, and were married. A few years later I discovered that my husband had not been divorced from his former wife at the time of our marriage, and that he had falsely represented to me the true state of affairs, and that I was not his legal wife. I insisted that we be again married, and on May 29th, 1906, we went to Bridgeburg, Ontario, Canada, and were married.” “I am thirty-nine years of age, and at present reside at No. 766 Elmwood Avenue, in the City of Buffalo, New York. There were two children born of the marriage, to wit: Ralph Barron Smith, who is now fifteen years of age and upwards, and May Belle Smith, who is thirteen years of age and up wards. After our marriage I traveled with my husband for awhile, making our home at Lockport, New York, with my parents. We remained with my parents up to the time that my husband left. During that time he provided toward the support of myself and children, but not sufficient, and it was necessary for my parents to contribute and help in my support and the support of the children. On the 24th day of March, 1908, my husband left, as usual, upon one of his trips, and went to the depot with him at the time. He never returned to live with me, and since that time he has not contributed one cent toward my support or the support of the children. I tried to find out where he was, and called up Syracuse, where his parents lived, and other places and tried to locate him, but could not. It was several months before I ever heard from him.” “I never had any trouble with my husband, and we never had words of any kind. I did not know that he was going to leave, nor did I give him any reason for leaving me as he did. I continue to live with my parents, and they supported me. I came to Buffalo to live, June, 1914, and am now assisting my sister in keeping a rooming house, and in that way have been able to make a home for myself and the children, and am trying to give them an education. I have received assistance from my parents at various times, and also from my sister. I have no property of any kind or description, and all that I can get is through my own labor and what is given to me.” “About three years ago this last summer my husband came to see me, and that is the only time that I have seen him since he left me in March, 1908. At that time he made me a proposition to get a divorce from him, and stated that he would furnish the evidence and pay me some money. Afterwards he talked with me over the 'phone, endeavoring to get my consent to obtain a divorce.” “At the time of my marriage my husband was a traveling salesman, and has been, as I understand, since that time, and I believe he is getting not less than one hundred and fifty dollars ($150.00) per month for his services. Mrs. Helen S. Smith, the mother of my husband, died in Syracuse during the latter part of 1917, and left an estate that was appraised at about twenty-four thousand dollars $24,000.00), and she left a will under which one half of her estate was given to the Executor in trust for my husband, with the direction that the income should be paid over to my husband during his life-time, and I believe that said income will amount to not less than six hundred dollars ($600.00) a year.” “I have made efforts at different times, by writing to my husband (after I had found out where he was) and also writing to his parents, that something should be done toward my support and the support of the children, but he never paid any attention to the letters, and never contributed anything for my support or the support of the children. [i.e. signed] May B. Smith, Sworn to before me this 4th day of December, 1918. [i.e. signed] A. E. Barnard, Notary Public, Erie County, New York.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Opposing Affidavit. Supreme Court, County of Erie. May Belle Smith, Plaintiff, vs. Henry Hammond Smith, Defendant. State of New York, County of Onondaga.” “Henry H. Smith, being duly sworn, deposes and says that he is the defendant in this action; that he has read the complaint in said action and also read the affidavit and motion papers bearing date the 4th day of December, 1918, and deponent further says that he has a good and substantial defense upon the merits to the cause of action alleged in the complaint as he is informed by his attorney, Frank E. Young, who resides at No. 1209 Harrison Street, Syracuse, N. Y., after fully and fairly stating the facts in said action and as he verily believes.” “Deponent further says that he was married to Eva B. Warner before he became of age and only lived with said Eva B. Warner after their marriage for one day. That later his said wife brought an action for divorce against him to which he made no defense. That deponent was unfamiliar with the law and believed that he had a right to remarry. That he stated all the facts with reference to this situation to the plaintiff and that the said plaintiff was as familiar with the facts as was deponent himself. That notwithstanding her said knowledge the plaintiff and defendant went through a marriage ceremony at Gasport, New York, on November 12, 1899. That a few days thereafter deponent’s father, Henry F. Smith, saw the plaintiff and advised her fully as to the facts with reference to deponent’s previous marriage and the illegality of the marriage entered into by the plaintiff and defendant. That in spite thereof plaintiff and defendant lived together as husband and wife until May,1906. That in the meantime deponent’s wife had obtained a divorce from him in the Supreme Court of the State of New York, a copy of the decree of which action is annexed hereto and made a part of these papers. That thereafter and on or about the 29th day of May, 1906, at a time when both plaintiff and defendants were residents of the State of NewYork, plaintiff and defendant went to Bridgeburg, Ontario, Canada, and went through a marriage ceremony and immediately returned to the State of New York, where they resided. That at the time of the performance of the marriage ceremony on said May 29, 1906, the said former wife of deponent, Eva B. Smith, was living and that no order or decree had been entered permitting deponent to remarry.’ “Deponent further says that there were two children born of the relations of plaintiff and defendant and that both of the said children are now residing with the mother, as alleged in said moving papers. That at sometime during the summer of 1908, the deponent was taken sick with typhoid fever and was confined in the General Hospital at Buffalo for several months and was discharged in October of that year. That deponent was in a very weak condition and came to his father’s home in Syracuse and remained there for several months. That he returned to Buffalo about the first of January, 1908, and remained there in the employ of the Southern Cotton Oil Co., as salesman. That the plaintiff herein was then living with her parents at Lockport, New York, and that deponent made frequent trips to Lockport, New York, to see her and on numerous occasions proposed that they should begin house keeping but the said plaintiff refused to leave her father and mother and that deponent made then a proposition to contribute one-half of the support of the family and to pay all the rent, but that plaintiff informed deponent that her parents would not permit it and that she would not leave her parents. That on or about the 24th day of March, 1908, deponent went to the home of the plaintiff at Lockport on a Saturday night and had gone to bed. That about 10:30 in the evening the plaintiff came to the room and requested deponent to leave, and stated that some members of the plaintiff’s family would not consent to his coming there and would not consent to their living together. That deponent there upon asked the plaintiff to come to Buffalo on the following Monday and they would begin housekeeping; that the plaintiff stated to the defendant that she would not do so; that her mother told her that if she left their home and lived with deponent that she could never return to their home again. That deponent thereupon left the home and has never re turned since, or contributed toward the support of her or her children.” “Deponent further says that he is a traveling salesman by occupation. That he has been out of employment for a large portion of the time for the last two years and that he only worked six months during the past year. That his total in come including the amount he received from the income of the trust fund of his mother’s will for the past year did not exceed the sum of $1,000.00. That deponent has been out of a position recently and has just obtained a position to work on a commission but receives no salary and does not know What his earnings will amount to. That the amount of income he receives from the trust fund of his mother’s will has not in any year exceeded the sum of $425.00. That he has no property of any kind either real or personal and has no money in the bank. [i.e. signed] Henry H. Smith. Sworn to before me this 17th day of December, 1918. [i.e. signed] Ray T. Young, Notary Public.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Order Dissolving Marriage. At a Term of Supreme Court, held in the Court House in the City of Rome, Oneida County, N. Y., on the 21st day of March, 1906. Present: Hon. William E. Scripture, Justice Presiding, Supreme Court, County of Onondaga. Eva W. Smith, vs. Henry Hammond Smith.” “This cause having come on to be heard before this Court on an application for judgment, in case of default, prior to the 10th day of December, 1905, and the Court having heard the allegations and evidence and having granted an interlocutory judgment of divorce herein, which judgment provided for the entry of a final judgment after the expiration of three months from the date of filing said interlocutory judgment, and, it appearing from the affidavits of James T. Knapp Plaintiff’s Attorney and James Butler, Deputy Onondaga County Clerk, respectively, that said interlocutory judgment was filed and entered in the Onondaga County Clerk's office on the 10th day of December, 1905, and that said interlocutory judgment has not been set aside or modified during the intervening time, in any respect, and it appearing that three months having expired since the entry of said judgment and that 30 days have not elapsed since the expiration of said three months, now on motion of James T. Knapp, attorney for plaintiff, it is:” “Ordered, that the marriage between the plaintiff and the defendant be and the same is hereby dissolved and said parties are and each of them is free from the obligations thereof; mthat it shall be lawful for plaintiff to marry again, in like manner as if defendant were actually dead and it shall not be lawful for him to marry any other person until said plaintiff shall be actually dead or until authorized by this Court so to do. Granted & Entered in Onondaga Co. [i.e. signed] W.E. Scripture, Justice Supreme Court. [i.e. signed[ Jas. E. Hubbell, Clerk.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Plaintiff's Affidavit in Reply. Supreme Court, County of Erie. May Belle Smith, Plaintiff, vs. Henry Hammond Smith, Defendant. State of New York, County of Erie, City of Buffalo.” “May Belle Smith, being duly sworn, deposes and says: that she has read the affidavit of Henry H. Smith, verified the 17th day of December, 1918, and in answer to the same this deponent does further depose and say: That at the time of her marriage to this defendant at Gasport, New York, on November 12th, 1899, the defendant did not state all the facts with reference to his former marriage, or as to the legal status between himself and his former wife, but only stated that he was divorced from her, and a legal right to marry. That the defendant’s father, Henry F. Smith, never advised this deponent, nor talked with her, concerning the for mer marriage and did not tell deponent that the marriage between herself and his son was illegal.” “That the said defendant was sick with typhoid fever during the year 1907, and that after his discharge from the General Hospital, at Buffalo, he visited his father’s home in Syracuse for about two months, and returned to Buffalo on or about January 1st, 1908.” “That the defendant never proposed that they begin housekeeping, and at no time did deponent refuse to leave her father and mother, and the said defendant never proposed to contribute one half of the support of the family, and to pay all the rest, and deponent’s parents never refused to allow deponent to leave them, nor did this deponent ever refuse to leave her parents, but was al ways ready and willing, and on numerous occasions requested this defendant to provide a home for her and the children, where they could live by themselves and at no time did this deponent ever request the defendant to leave or state that some members of deponent’s family would not consent to his coming there, and would not consent to their living together, and this defendant never requested deponent to come to Buffalo to begin, housekeeping. That this deponent did not tell defendant that her mother told her that if she left her home and lived with defendant that she could never return to their home again. That during all of the time that this deponent and defendant lived together deponent never requested defend ant to leave, nor refused to go to housekeeping with him, but was very anxious during all the time that he should provide a place for her and the children and should support them. [i.e. signed] May Belle Smith. Sworn to before me this 20th day of December, 1918. [i.e. signed] R. E. Bannard, Notary Public, Erie County, New York.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Order Appealed From. At a Special Term of the Supreme Court of the State of New York, held in and for the County of Erie, at the City and County Hall, in the City of Buffalo, N. Y., on the 23rd day of December, 1918. Present: Hon Charles H. Brown, Justice Presiding. May Belle Smith, Plaintiff, vs. Henry Hammond Smith, Defendant.” “This being a motion made on behalf of the plaintiff herein for alimony and counsel fee during the pendency of this action; now, upon reading and filing the summons, complaint and affidavits of the plaintiff, May Belle Smith, verified December 4th and December 20th, 1918, and after reading and filing the affidavit of the defendant, Henry Hammond Smith, verified the 17th day of December, 1918, from which it appears that this is an action for separation, and from which it further appears that the plaintiff is without adequate means to provide and maintain herself and children, and pay her counsel during the pendency of this action, and after hearing James O. Moore, counsel for the plaintiff, in favor of said motion, and Mr. Frank E. Young, one of the attorneys for the defendant, in opposition thereto, and due de liberation having been had, it is Ordered:” “I. That the said motion be, and the same hereby is granted, and that the defendant, Henry Hammond Smith, pay to Ira W. Smith, the plaintiff’s attorney, the sum of One hundred dollars ($100.00), hereby allowed as counsel fee here in, within ten (10) days after service of a copy of this order on Young, Farmer & Daley, defendant’s attorneys.” “II. That the defendant, Henry Hammond Smith, pay to the plaintiff, May Belle Smith, the sum of Twenty Dollars ($20.00) per week, for her support and the support of the children during the pendency of this action, said payments to begin December 26th, 1918, and to continue each and every week thereafter, so long as this action shall be pending, and said payments may be made at the office of the plaintiff’s attorney, Ira W . Smith, at No. 638 Ellicott Square, in the City of Buffalo, New York, or to plaintiff personally. [i.e. signed] Charles H. Brown, Justice Supreme Court. Granted, Dec. 24, 1918. [i.e. signed] Geo. Laughlin, Sp. Dp. Clerk.” The following information was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Notice of Appeal. Supreme Court, County of Erie. May Belle Smith, Plaintiff, vs. Henry Hammond Smith, Defendant.” “Please Take Notice, that the above named defendant hereby appeals to the Appellate Division of the Supreme Court for the Fourth Department from the order of this Court entered herein in the office of the Clerk of the County of Erie, on the 24th day of December, 1918, whereby it was ordered that the defendant pay to Ira W. Smith, the plaintiff’s attorney, the sum of One hundred ($100.00) Dollars as counsel fee in this action, and Further that said defendant pay to the plaintiff the sum of Twenty ($20.00) Dollars per week for her support and the support of the children of said plaintiff and defendant during the pendency of this action and the said defendant appeals from each and every part of said order as well as from the whole thereof. [i.e. signed] Young, Farmer & Daley, Attorneys for Defendant-Appellant, Office & Post Office Address, 409 City Bank Bldg., Syracuse, N.Y. To the Clerk of the County of Erie, and To Ira W. Smith, Esq., Attorney for Plaintiff.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Stipulation. Supreme Court, Appellate Division, Fourth Department. May Belle Smith, Plaintiff - Respondent, vs. Henry Hammond Smith, Defendant - Appellant.” “Pursuant to Section 3301 of the Code of Civil. May Belle Smith, Procedure, it is hereby consented and stipulated by and between the attorneys for the respective parties herein that the foregoing printed papers constitute the record on appeal herein and are true and correct copies of the notice of appeal herein; of the order entered in the office of the Clerk of the County of Erie on the 24th day of December, 1918, and of all the papers and proceedings used in the Court below upon the hearing of the motion, and certification thereof pursuant to Section 1353 of the Code of Civil Procedure is hereby waived. Dated, January 16, 1919. [i.e. signed] Ira W. Smith, Attorney for Plaintiff-Respondent. [i.e. signed] Young, Farmer & Daley, Attorneys for Defendant-Appellant.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Affidavit of No Opinion. Supreme Court, Appellate Division, Fourth Department. May Belle Smith, Plaintiff - Respondent, vs. Henry Hammond Smith, Defendant - Appellant. State of New York, County of Onondaga, Frank E. Young, being duly sworn, says that he is one of the attorneys for the defendant - appellant in this action; that no opinion was given herein by Mr. Justice Brown before whom the motion appealed from was argued. [i.e. signed] Frank. E. Young. Sworn to before me this 10th day of January, 1919. [i.e. signed] Ray T. Young. Notary Public, Onondaga County.” The following court filing was transcribed from the actual book, which was typewritten, and obtained from Google Books. “Argued by Frank E. Young, Syracuse, N. Y. Supreme Court, Appellate Division, Fourth Department. May Belle Smith, Plaintiff - Respondent, vs. Henry Hammond Smith, Defendant - Appellant.” “Brief for Appellant.” “This is an appeal from an order of the Special Term of the Supreme Court held in and for the County of Erie on the 23rd day of December, 1918, Hon. Charles H. Brown, Justice Presiding. The action was brought to obtain a separation from the defendant upon the ground 'that the defend ant on or about the 24th day of March, 1908, with out just cause or provocation, and without the knowledge or consent of the plaintiff, abandoned the plaintiff and ever since has lived separate and apart from her,' and 'that since the time that the defendant abandoned her he has neglected and refused to provide for her support and maintenance and the support and maintenance of the children.' The answer of the defendant admits the marriage, denies that he left her without just cause or provocation, and further admits that since the said 24th day of March, 1908, the defendant has not lived with the plaintiff; that he has not provided for the support and maintenance of the plaintiff nor the support and maintenance of said children.” “The summons and complaint was served upon the defendant on the 17th day of December, 1918. Answer was served on the 18th day of December, 1918, and the motion for counsel fee and alimony pendente lite was argued and decided on the 23rd day of December, 1918. The order from which the appeal is taken directs the payment of $100 counsel fee and $20 per week alimony during the pendency of the action.” “Pleadings.” “The complaint is the usual complaint in an action for separation on the ground of non-support. The answer admits the marriage of the parties, but alleges that said marriage was illegal, fraudulent and of no effect; that the defendant by a judgment of the courts of the State of New York was forbidden and prohibited from marrying, which fact was known to the plaintiff at the time of the performance of said ceremony. It further admits the birth of two children, now living, and admits that the defendant has not lived with the plaintiff or provided for her support since March 24, 1908, but denies that he left her without just cause or provocation and without her consent, and alleges that the separation was at the request of the plaintiff; that the defendant was then pre pared, willing and desirous of living with the plaintiff and furnishing a home for her and said children, but that plaintiff refused to live with him. The answer then pleads that more than ten years have elapsed since the occurrence of the various acts alleged in the complaint, and that the cause of action stated in the complaint did not accrue within ten years before the commencement of the action.” “Motion Papers.” “The motion was upon the summons and complaint, the affidavit of the plaintiff and all the proceedings had and taken in the action. The moving affidavit of the plaintiff embodied substantially the facts alleged in the complaint but does not in any way change the allegation that the separation between the plaintiff and defendant occurred more than ten years previous to the commencement of the action.” “Points.” “I. The cause of action alleged in the complaint is barred by the statute of limitations. Sec. 388 of the Code of Civil Procedure provides that an action, the limitation of which is not specially prescribed, must be commenced within ten years after the cause of action accrues. In the case at bar, there can be no doubt whatever that the complaint alleges specifically that the cause of action accrued on the 24th day of March, 1908.” “The complaint was sworn to on the 25th day of November, 1918, and the summons is dated the 25th day of November, 1918. Proof of service of the summons and complaint does not appear in the papers but the statement shows that the action was brought on the 17th day of December, 1918. The rule to the effect that an action for separation is governed by the ten year Statute of Limitations has been specifically held in the case of Moulton vs. Moulton, 2 Barb. Ch., 310, and the case of Burr vs. Burr, 10 Paige, 20; also see case of Sturm vs. Sturm, 80 Misc., 277.” “The case of Sturm vs. Sturm, above cited, arose upon the decision of a motion for counsel fee and alimony, and was decided at the Erie Special Term, April, 1913, with Hon. Justice Wheeler presiding. The opinion in that case discusses at length the question of the Statute of Limitations and says: ‘It is urged by plaintiff’s counsel that the duty of the husband to support and maintain the wife is a continuing obligation. The proposition is perfectly true but the difficulty here is that the acts and con duct alleged and relied on to maintain this action are all acts and conduct alleged to have taken place over sixteen years ago, and nothing is set forth subsequent to those dates. Those acts, owing to the Statute of Limitations, are not now available to the plaintiff to maintain her cause of action.’” “In the case at bar, there is not a single allegation in the complaint of any act which arose sub sequent to March, 1908, except the one allegation that the defendant’s mother has died leaving him some property of which the plaintiff desires a part. The allegations of defendant’s answer are to the effect that the abandonment, if any existed, occurred in March, 1908, but alleged that the abandonment was at the request of the plaintiff, and that the defendant was at that time ready and willing to provide for the support of the plaintiff and her children, and also to live with her. It would seem evident from a reading of the com plaint that the theory of the defendant is correct and that the separation was complete over ten ears ago and was at the solicitation of the plaintiff, and that the only reason why the plaintiff now desires to bring this action or renew the relations between the plaintiff and defendant is that according to her allegation he has acquired some property. We submit that upon the pleadings as they stand, when the case is reached for trial, the complaint must necessarily be dismissed for the reason that the Statute of Limitations has run against the plaintiff’s cause of action.” “The suggestion may be made that this will work a great hardship upon the plaintiff and her children, but on the contrary we submit that before an action of separation should be brought after a lapse of over ten years, the plaintiff should at least offer to return to the defendant and give him an opportunity to provide for her support and that of her children. It is unjust and inequitable that the first greeting the defendant should receive from his wife after ten years and a half have elapsed, and after, as she says, he has acquired some property, should be a summons and complaint in an action for non-support, accompanied at the same time by a motion for counsel fee and alimony.” “II. It being apparent that the plaintiff cannot succeed in this action, the application for alimony and counsel fee should have been denied. Sturm vs. Sturm, 80 Misc., 277. Desbrough vs. Desbrough, 29 Hun, 592. This proposition would seem to require no citation of authorities and no argument. If for any reason the plaintiff is not entitled to maintain her action against the defendant, he should not be required to pay for the maintenance of the action.” “III. The order should be reversed with costs. [i.e. signed] Young, Farmer & Daley, Attorneys for Appellant, Office & P. O. Address, 409 City Bank Bldg., Syracuse, N. Y.” 1919 NEWSPAPER ARTICLE ON HENRY HAMMOND SMITH AND MAY BELLE SMITH Researched by Timothy J. Barron, updated September 13, 2020 The following appeared in the Buffalo Courier newspaper from Buffalo, Erie County, New York, USA, on Thursday, January 30, 1919. "If Illegally Wed, How Can Wife No. 2 Obtain Alimony, Asks Husband, Who Appeals. Henry Hammond Smith Says There Was Living Bar to Remarriage and That Plaintiff, Who Has Been Awarded $20 a Week, Knew It When They Mated. Henry Hammond Smith of Syracuse is appealing from the decision of Justice Brown to the appellate division on the ground that if the law forbids him to marry, it cannot be legal to asses him $100 counsel fees and $20 a week alimony pending the trial of an action brought by his wife, May Belle Smith, No. 766 Elmwood avenue, for a separation on the ground of abandonment. According to Mrs. Smith's affidavit, filed in the county clerk's office yesterday, the couple were married in Gasport, N.Y. on November 12, 1899, after the defendant had told her that he had been previously married, divorced and had a legal right to re-marry. Later, she states, she discovered that her husband had not been divorced from this former wife at the time of their marriage she insisted that they be again married, which was done May 29, 1906, in Bridgeburg, Ont.” “Parting Lasted Three Years. On March 4, 1908, the plaintiff declares she accompanied her husband, who is a salesman, to the depot to see him depart on a business trip, and that she did not see him again until three years ago last summer, when he came to see her and made a proposition by which he was to pay her some money and furnish evidence to get a divorce. Mr. Smith alleges that the marriage between himself and the plaintiff was illegal because of a certain action pending between him and Eva B. Smith and a decree of the Supreme Court of this state forbidding him to marry during the lifetime of Eva B. Smith without further of the court. He further avers that Eva B. Smith was living at the time of his marriage to the plaintiff in 1906; that no order of the court had been issued permitting the defendant to remarry and that all these facts were known to the plaintiff. Mrs. Smith is asking for the custody of their two children, Ralph, fifteen years old, and May Belle, thirteen years old. She states that her husband's salary is $150 a month that he has other income of about $600 a year.” The following appeared in the Syracuse Journal newspaper from Syracuse, Onondaga County, New York, USA, on Thursday, January 30, 1919. "Illegally Wed, His Defense in Alimony Fight. Henry Raymond Smith [sic], Syracuse, Says Wife Knew of Living Bar to His Marriage. Married in Gasport in 1899. Wife, Living in Elmwood Av., Sues for Separation and Custody of Children. Buffalo, Jan. 30. Henry Hammond Smith of Syracuse is appealing from the decision of Justice Brown to the Appellate Division on the ground that if the law forbids him to marry, it cannot be legal to assess him $100 counsel fees and $20 a week alimony pending the trial of an action brought by his wife, May Belle Smith, 766 Elmwood av., for a separation on the ground of abandonment.” “According to Mrs. Smith's affidavit, filed in the county clerk's office yesterday, the couple were married in Gasport, N.Y. on Nov. 12, 1899, after the defendant had told her that he had been previously married, divorced and had a legal right to re-marry. Later, she states, discovering that her husband had not been divorced from this former wife at the time of their marriage she insisted that they be again married, which was done May 29, 1906, in Bridgeport, Ont. On Mar. 4, 1908, the plaintiff declares she accompanied her husband who is a salesman, to the depot to see him depart on a business trip, and that she did not see him again until three years ago last summer, when he came to see her and made a proposition by which he was to pay her some money and furnish evidence to get a divorce.” “Mr. Smith alleges that the marriage between himself and the plaintiff was illegal because of a certain action between him and Eva. B. Smith and a decree of the Supreme Court of this state forbidding him to marry during this lifetime of Eva B. Smith without further order of the court. He further avers that Eva B. Smith was living at the time of his marriage to the plaintiff in 1906; that no order of the court had been issued permitting the defendant to remarry and that all these facts were known to the plaintiff. Mrs. Smith is asking for custody of their two children, Ralph, fifteen years old, and May Belle, thirteen years old. She states that her husband's salary is $150 a month and that he has other income of about $600 a year.” The following appeared in the Post Standard newspaper from Syracuse, Onondaga County, New York, USA, on Friday Morning, January 31, 1919. "Smith Appeals Order Giving Wife Alimony. Attacking the legality of a decision which prevents him from marrying again and forces him to pay $100 counsel fees and $20 a week alimony to Mrs. May Belle Smith of No. 766 Elmwood avenue, Buffalo, Henry Hammond Smith is appealing the decision of Justice Brown in Buffalo. Mrs. Smith is seeking an annulment. The Smiths were married at Gasport November, 12, 1899, and married a second time at Bridgeport, Ontario, May 29, 1906, after Mrs. Smith says she learned her husband did not have legal authority to wed in this state. Mr. Smith claims he was forbidden to marry when Mrs. Eva B. Smith, the first wife, obtained a decree. As she was living in 1906, he claims the second ceremony was void. Mrs. Smith demands custody of their children." The following appeared in the Post Standard newspaper from Syracuse, Onondaga County, New York, USA, on Friday Morning, October 3, 1919. "$800 Alimony Must be Paid by Defendant. Appellate Division Upholds Court Order Against Henry H. Smith. Cash Due Second Wife. Buffalo Woman is Entitled to $20 a Week Under Ruling. Alimony payments have been piling up on Henry Hammond Smith at the rate of $20 per week for nearly nine months, and yesterday the Appellate Division, Fourth Department, ruled that he must give Mrs. Mary Belle Smith of Buffalo the weekly sum granted to her last December by Justice Charles H. Brown in the latter's decision in that city. The total amount the Syracusan must pay, including counsel fees of $100, is more than $[200? smudged and hard to read].” “Mrs. Smith started a separation suit on abandonment grounds last fall. She demanded $20 a week for her support and that of two children, Ralph Barron Smith, 15, and May Belle Smith, 13. As soon as she was granted an award, Mrs. Smith immediately filed an appeal through his counsel, Young, Farmer & Daley. Affidavits were filed by Mrs. Smith with the higher court in which she stated her husband drew a salary of $150 a month, and provision was made for him in the will of his mother, Mrs. Helen Smith, which added $600 annually to his income, makes it $2,400. Mr. Smith's affidavit declared his income for the year had been only $1,000.” “A sensational answer was filed by the Syracusan to his wife's separation suit. In it he said he had no right to marry, as the Supreme Court had forbidden him to wed again during the lifetime of his first wife, Mrs. Eva Smith, who had secured a divorce. The Smiths were married twice. The first ceremony was performed at Gasport on November 13, 1899. Seven years later they were married again, the wedding taking place in a little village in Canada on May 23, 1906. The couple separated about two years ago. Mrs. Smith claimed her husband deserted her and never returned home from the day she saw him off on one of his trips he made s traveling salesman for a big corporation. Mr. Smith answered that he had been able to induce his wife to leave the home her parents in Lockport at the time he tried to get her to return with him to Buffalo. She is now residing at No. 766 Elmwood in city and was represented by Ira W. Smith, attorney.” 1923 NEWSPAPER ARTICLE ON HENRY HAMMOND SMITH AND MAY BELLE SMITH Researched by Timothy J. Barron, updated September 13, 2020 The following appeared in the Buffalo Courier newspaper from Buffalo, Erie County, New York, USA, on Thursday, November 22, 1923. "Brothers of Missing Husband Apply $2,000 Alimony Balm to Separated Wife's Wounds. A marital 'blow out' legally settled five years ago, but kept in the open area of the courts because a missing husband failed to return to pay alimony long past due and unpaid counsel fees, was finally and satisfactorily adjusted yesterday in special term of Supreme Court by Justice William P. Brennan. The wife, Mrs. May Belle Smith of Elmwood avenue, agreed to accept $2,000 from the brothers of her husband, Henry Hammond Smith, formerly a traveling salesman for a baking company in full payment of all back and future alimony including counsel fees, and to cancel any existing actions against her husband to recover sums representing this alimony and counsel fees.” “The Smiths were married at Lockport twenty one years ago. Six years ago Smith's fondness for fireside and family waned, and according to his wife, he left for parts unknown to her or to friends of his. On December 17, 1918, Mrs. Smith brought action to procure a separation, from her husband on the grounds of abandonment and non support. The late Justice Louis W. Marcus granted her the decree on May 3, 1919, in equity term of supreme court, adding to the award $80 a month alimony. Just before the decree action was tried, Smith made his final appearance, filed an answer and then forever disappeared from the landscape of his former domesticity.” “So when the action was tried, there was no appearance either in person or by the proxy of an attorney. Previous to this, Justice Charles H. Brown, in special term of supreme court on December 23, 1918, granted Mrs. Smith $80 a month alimony and counsel fees of $100 at a preliminary hearing. The husband fought the ruling, carrying the fight to the appellate court. The higher court affirmed the lower court's decision and it was at this point that Smith made his first exit. On February 6, 1919, Justice Charles H. Brown, granted Mrs. Smith an additional $100 counsel fees but as far as Smith was concerned it meant nothing. He was not around to heed or worry about decisions of the court.” “A year or two passed and Mrs. Smith's son, Ralph Barron Smith, twenty years old, went to work to support his mother. He was employed by the Harrison Radiator Co. of Lockport. It was not long afterward that brothers of the mysteriously missing Smith came to life and offered the wife $2,000 in full settlement of all claims. The offer was specifically made by Ralph W. Smith, the executor of his moth, Helen S. Smith's estate. The offer was accepted. Smith's brother, Ralph, is a resident of Syracuse, as were Smith's parents. There is another offspring of the unhappy Smith marriage. She is May Belle Smith, eighteen years old, who is not attending Cornell university. The order was signed by the court and filed in the county clerk's office yesterday.” The following appeared in the Lockport Union Sun and Journal newspaper from Lockport, Niagara County, New York, USA, on Friday, November 23, 1923. "Relative to Pay Smith Alimony. Former Lockport Organist will Settle for $2,000 Lump Sum. Under the terms of an order signed yesterday by Justice Brennan in supreme court Mrs. May Belle Smith is to get from her husband's relatives in Syracuse, alimony that her husband avoided paying her since 1918 when he fled the state after being served with papers in a separation action. According to the papers filed in the case, Mrs. Smith, who was a well known organist in this city, began the action in December, 1918. Justice Brown granted her $100 for counsel fees and $20 a week alimony for herself and her son and daughter. Later the court granted $100 additional counsel fees." "Henry Smith, who was a salesman for the National Biscuit Company, disappeared soon after he was served with papers in the case, it is claimed and failed to contest separation suit when it was tried before Justice Taylor. In May, 1919, the decree was granted. The court fixed alimony at $80 a month. Smith's brothers, feeling that the claim of their sister in law should be settled, had their attorney consult with the layer for Mrs. Smith. The outcome was the agreement of Mrs. Smith the release her husband of all claims for $2,000. An order of this effect was signed by Justice Brennan yesterday." 1925 CENSUS OF MAY BELLE SMITH Researched by Timothy J. Barron, updated September 13, 2020 The New York State census enumerated on Monday, June 1, 1925, shows May Belle Smith living with her parents at 560 Walnut Street in Lockport, Niagara County, New York, USA. The following information was transcribed from the actual document, which was obtained from the Ancestry website: "May B. Smith, daughter, white, female, age 46, born in US, citizen, occupation is housework." 1927 DEATH OF HENRY HAMMOND SMITH Researched by Timothy J. Barron, updated September 16, 2020 Henry Hammond Smith died on Thursday, September 28, 1927, in Springfield, Hampden County, Massachusetts, USA. Henry was buried in the Oakwood Cemetery in Syracuse, Onondaga County, New York, USA. The "Massachusetts, Mason Membership Cards, 1733-1990" is a historical record collection from the Ancestry website, and contains the following indexed listing: "Name: Henry Hammond Smith; Birth Date: 28 Nov 1874; Birth Place: Woburn; Death Date: 29 Sep 1927; Last Residence Place: Springfield; Lodge: Samuel D Sherwood; Occupation: Commercial Traveler." The following information was transcribed from the actual document, which was a typewritten form with handwritten information, and obtained from the Ancestry website: "Name: Henry Hammond Smith; Residence: Springfield; Occupation: Commercial Traveler; Nativity: November 28, 1874 Woburn, Massachusetts; Lodge: Samuel D. Sherwood; Initiated: February 13, 1925; Passed: March 20, 1925; Raised: April 22, 1925; Membership: April 22, 1925; Deceased: September 29, 1927." The "U.S. Find A Grave Index, 1600s-Current" is a historical record collection from the Ancestry website, and contains the following indexed listing: "Name: Henry Hammond Smith; Birth Date: 1874; Death Date: 29 Sep 1927; Death Place: Springfield, Hampden County, Massachusetts, United States of America; Cemetery: Oakwood Cemetery; Burial or Cremation Place: Syracuse, Onondaga County, New York, United States of America." 1930 CENSUS OF MAY BELLE SMITH Researched by Timothy J. Barron, updated September 13, 2020 The U.S. Census enumerated on Saturday, April 12, 1930, lists May Belle Smith as a widow living with her parents at 560 Walnut Street in Lockport, Niagara County, New York, USA. The following information was transcribed from the actual document, which was obtained from the Ancestry website: "May Smith, daughter, female, white, age 52, widowed, can read and write, born in New York, father born in England, mother born in New York, occupation is none." 1937 OBITUARY MENTION OF MAY BELLE SMITH Researched by Timothy J. Barron, updated September 13, 2020 May Belle Smith is mentioned in the obituary of Bertha Selina Barron, which appeared in the Niagara Falls Gazette newspaper from Niagara Falls, Niagara County, New York, USA, on Tuesday, January 12, 1937. The obituary name May as a surviving sister from Lockport. 1940 CENSUS OF MAY BELLE SMITH Researched by Timothy J. Barron, updated September 13, 2020 The U.S. Census enumerated on Monday, April 15, 1940, shows May Belle Smith living her daughter and family at 362 Burns Street in New York, Queens County, New York, USA. The following information was transcribed from the actual document, which was obtained from the Ancestry website: “May Smith, mother in law, female, white, age 60, widow, educated to 8th grade, born in New York, lived in same place on April 1, 1935." 1940 DEATH OF MAY BELLE SMITH Researched by Timothy J. Barron, updated September 13, 2020 May Belle Smith died at the age of 62, on Sunday, December 8, 1940, in Nanuet, Rockland County, New York, USA. May was buried in the Glenwood Cemetery in Lockport, Niagara County, New York, USA. The following appeared in the Lockport Union Sun and Journal newspaper from Lockport, Niagara County, New York, USA, on Monday Evening, December 9, 1940, on page 5: "Mrs. May Barron Smith passed away at the home of her daughter, Mrs. David Colton of Nanuet, N. Y., Sunday evening, December 8, 1940. Besides her daughter she leaves one son, Ralph Smith of Buffalo, three grandsons, one granddaughter, and one brother. William H. Barron of Chicago. The remains will arrive Tuesday morning, December 12th and be taken to Prudden Funeral Home, 343 Genesee street. Notice of funeral later." The “U.S. Social Security Applications and Claims Index, 1936-2007” is a historical record collection from the Ancestry website, and contains the following indexed listing: "Name: May Belle Smith; SSN: 199109211; Birth Date: 4 Apr 1878; Birth Place: Lockport, New York; Death Date: 8 Dec 1940; Claim Date: 27 Jan 1941; Type of Claim: Death Claim; Notes: 29 Oct 1976: Name listed as May Belle Smith." The "U.S. Find A Grave Index, 1600s-Current" is a historical record collection from the Ancestry website, and contains the following indexed listing: "Name: May Smith; Birth Date: 1878; Death Date: 1940; Cemetery: Glenwood Cemetery; Burial or Cremation Place: Lockport, Niagara County, New York, United States of America."
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