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DYKBEWONER
THE VANDYKE FAMILY JOURNAL
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VOLUME 3 ISSUE 1
NOVEMBER 1997
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CECIL VANDYKE, EDITOR, PO BOX 23486, CHARLOTTE, NC 28227
DYKBEWONER, THE VANDYKE FAMILY JOURNAL, is a newsletter for VANDYKE researchers. The purpose of the newsletter is to provide a place to exchange VANDYKE information and to learn more about our ancestors. For our Journal to be successful, it will require the input from all segments of our family. Suggestions for improvements, articles, family stories, Bible records, birth records, marriage records, and death records are needed for quarterly publication. Please make your comments heard by writing to the editor at the above address. DYKBEWONER, will be published quarterly, in November, February, May and August. The annual subscription rate is $9.00 if the subscription is to be sent through the United States mail. Prior copies, except the PREMIER EDITION issued in September 1995, will be $2.50 per single copy. The subscription year begins with the November edition. Checks should be made payable to Cecil VanDyke.
For those that have access to the Internet, copies of each edition can be printed from the Web site:
http://members.aol.com/clydevd/dykhome.htm
Queries are free to subscribers and are not limited per year. They will be published on a space available basis and in the order of receipt. For nonsubscribers, queries are $3.00 per issue with a copy of the issue being sent to the nonsubscriber. Replies should be sent to the address in the query with a copy being sent to the Editor for possible publication in a future edition of DYKBEWONER. in many cases the only address that will be available will be the editor's because many of the queries will come over the Internet by email.
Complimentary copies of each issue will be sent to various libraries and genealogy societies around the country. Please submit your suggestions for libraries and societies directly to the Editor. There will not be a subscription charge to nonprofit genealogy societies.
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According to Sharron Vossoughi, the following is an exact translation of the family Bible of James VanDyke and ElizabethClark of Lycoming County, PA.:
Births:
James Vandike Senior 20 Feb 1787
Elizabeth Vandike 18 May 1784
Margaret Vandike 13 Sept 1817
Ester Vandike 30 Aug 1818
John C. Vandike 22 March 1821
James Vandike Oct 12 AD 1822
Births continued:
Lambert Vandike 17 September 1826
Elizabeth Vandike 17 December 1830
Henry Vandike 23 September 1832
Catherine Van Dyke 27 December 1834
William Thomas Van Dyke 29 June 1837
Eleanor Van Dyke 27 April 1840
Marriages:
Margaret Vandike was married 7 October 1841 to Solomon Coughman by the Reverend Mr. Grier, clergyman, Presbyterian.
John C. Vandike was married 8 October 1876 to Jane E. Tate by Rev. John H. Grier, Presbyterian.
Esther VanDyke was married 7 July 1853 to Jacob Vouneida by Rev. John H. Grier, Presbyterian.
Elizabeth Vandyke was married 4 or 9 May 1858 by Rev. John H. Grier to Francis B. Pursel.
Mary Vandyke was married 12 October 1858 by the Rev. John H. Grier to Simon P. Houts.
Lambert J. Vandyke was married 10 Feb. 1859 to Agnes B. Pursel by Rev. Allen Methodist.
Eleanor J. Vandyke was married 12 March 1861 to Henry Knouf by John H. Grier Presbyterian.
William Van Dyke was married 14 May 1861 to Edith W. Bickford by Rev. Joseph Stevens Presbyterian.
Deaths:
James VanDyke died May 1857 70 years.
James H. Van Dyke died 3 day Oct 1858. 9 1/2 o'clock PM aged 35 years 11 mo 24 days.
Esther Voneida died 18 day of April 1862 at 9 o'clock AM aged 42 years 7 months 18 days.
Elizabeth Vandyke (Sen.) died April 3 AD 1872 at 4 o'clock AM aged 78 years 11 month & 15 days.
Lambert J. Van Dyke died July 23 1890 aged 63 years & 10 months and 6 days.
Elizabeth Pursel died December 1891 aged 63.
Sarah Van Dyke died March 14th 1894 aged 60 years 3 months and 16 days.
H. H. Van Dyke died Feb. 14 1895 aged 62 years 4 months and 21 days.
Margaret Kaufman died january 13 PM 1899 aged 81 years and 4months.
William T. Van Dyke died Nov. 10 1899 PM aged 62 years 4 months and 15 days.
Eleanor J. Knauff died June 19 1901 aged 61 years, 10 months and 8 days.
Other information from newspapers:
DAILY GAZETTE 4 June 1887 Pierce Van Dyke
In South Williamsport (PA), June 2, 1887 by Rev. David Winters, Mr. Frank Pierce and Miss Ida E. VanDyke.
DAILY GAZETTE AND BULLETIN 19 April 1883
Van Dyke Montilious On April 17th, 1883 in Mifflinburg, Union Co., PA. By Rev. A. M. Barnitz, Mr. J. C. Van Dyke of Limestone Township, Lycoming Co., PA. and Miss Louisia Montilious of Mifflinburg.
DAILY GAZETTE AND BULLETIN, Williamsport 23 Oct. 1875
Van Dyke At Logan's Creek, Reynolds County, Missouri on Sat. Feb. 10, 1875, Elizabeth, wife of William Van Dyke, formerly of Muncy Township, aged 54 years and 4 months.
DAILY GAZETTE AND BULLETIN, Williamsport 26 April 1876
Van Dyke, Lula A. Daughter of L. J. and Agnes Van Dyke on the 25th inst., aged 15 years and 11 months. Funeral Thursday at 2 o'clock P. M.
DAILY GAZETTE AND BULLETIN, April 26, 1879
On the 24th of April by Rev. Horatio W. Brown Mr. Joseph G. Rathmel and Miss Alice A. Van Dyke.
DAILY GAZETTE AND BULLETIN, Williamsport Feb. 9, 1881
Mrs. Jane E. wife of Mr. J. C. Van Dyke whose death was noted heretofore, resided in Nippenose Valley for a long period of years, having been a member of one of the oldest families. Her age was 63 years 9 months and 10 days. The ancestors of Mrs. Van Dyke were among the very first settlers of Buffalo Valley. Deceased was a life long member of the Presbyterian Church having sat under the misistratons of the late Rev. J. H. Grier for many years. She was a lady of deep religious convictions and of consistent life, without being demonstrative. Her constancy and amiable qualities secured her the profound respect of those who knew her. She leaves a husband and a large and interesting family to mourn her taking off, but their grief is greatly softened by the conviction that she now enjoys an inheritance in a bright and better world.
DAILY GAZETTE AND BULLETIN 9 October 1893
Death of John M. Van Dyke
A wellknown business man expires suddenly on Saturday. J. M. Van Dyke, for a number of years, one of the best knowntobacconist in this city died suddenly of a heart disease about 7:45 o'clock Saturday morning. He had been ill but a short time having on Wednesday suffered an attack of nervous prostration, an affliction of which he has been complaining for several years past. When he became confined to the house on Wednesday, he as not thought to be seriously ill and early Saturday morning, he felt much improved. He had been downstairs and had again retired when his son Samuel who heard a peculiar noise in his father's room, hastened there only to find him breathing his last.
Deceased was born in Philadelphia on 11 November 1845 and was nearly 48 years of age at the time of his death. He came to this city in 1864 and clerked for William Menach. A year later he accepted clerkship in the tobacco store of Fred Zimmerman and in 1869 he entered into partnership with his employer. In 1871 he purchased Mr. Zimmerman's interest in the business. He was a man well thought of by all who knew him and his loss is mourned by a large circle of friends, a wife and one son.
The funeral will take place from his late residence, 514 Pine Street at 9:30 tomorrow afternoon and will be conducted by Baldwin II, commander #22 Knights Templar. Deceased was also a member of Ivy Lodge No. 397, FAM.
DAILY GAZETTE AND BULLETIN Williamsport 13 February 1877
In New Berlin in the first last, by Rev. W. W. Clouser, J. W. Van Dyke of Limestone Township, Nippenose Valley, PA and Miss Ida J. Gann of the same place.
DAILY GAZETTE AND BULLETIN Saturday A. M. 26 July 1890
In this city Thursday July 24, 1890. Lambert J. Van Dyke in his 64th year. Funeral from his late residence No. 325 High Street this afternoon at 4 o'clock. Internment at Willwood Cemetery.
Sharon's mailing address is: Sharon Vossoughi, 305 Northwood Drive, Modesto, CA 953513138.
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From the 1850 Lycoming County, PA census records, I have found the following information:
Soloman and Margaret Kaufman had the following children living with them:
Catherine, age 13
Eliza, age 13
Mary E., age 7
Ann E., age 6
Ester, age 2
James, age 6 months
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James Frost b. ca 1742, PA, m. ca 1769, Isabella VanDyke, b. ca 1751, d. Oct 1, 1837, Johnston county, North Carolina. James died 1815, Johnston county, North Carolina. The following information came from THE HERITAGE OF JOHNSTON COUNTY NORTH CAROLINA 1985, page 198:
"James Frost was born ca. 1742 in Pa. where he married ca 1769 Isabella Van Dyke who was born ca 1751. She is presumed to have been a descendant of the New York VanDyke family. James died in 1815 and Isabella died 1 Oct. 1837, both of them died in Johnston county."
"James Frost's Revolutionary War pension application #R3815 states that he was born in Pa. and was an iron worker."
"In 1775( according to the pension application) james and Isabella moved from Pa. to Guilford county, N.C. When the Revolutionary War broke out James enlisted and served in S. C. and was also at the Battle of Guilford Courthouse. A member of the Militia he held the rank of Captain."
"James and Isabella moved to Johnston County about 1795 for the purpose of working an iron mill as James was a skilled iron worker."
"Their sons did not come to Johnston Co. with James and Isabella. Ezekiel stayed in Stokes Co. and the other sons migrated to Knox Co., Tenn. One of them, McCaslin, moved to Iowa in the late 1830's."
"James and Isabella's children were: Ezekial b. ca. 1771 in Pa., married 10 Feb. 1798 to Elizabeth Buchanan of Stokes Co., N. C., Jonas b. ca 1773 in Pa. married 5 Feb. 1801 to Polly McCullers, John b. ca. 1775 in Guilford co., N. C. married 28 Mr. 1803 to Betsey Brown, he died Mar. 1812, James Jr. b. ca. 1777 in Guilford Co., no further information on him, Sarah Ann b. ca. 1779 at Guilford Co., N. C. d. 1830 in Johnston Co., married 16 Nov. 1800, in Johnston Co., to Aventon Avera ... Nicholas b. ca. 1781 in Guilford Co., N. C. married 29 Jan. 1814 to Ruth Walker, Samuel b. ca. 1783 in Guilford Co., N. C. married to Nancy Childers, McClasin b. 10 Dec. 1785 in Rockingham Co., N. C. married 28 Nov. 1809 to Peninah Smith, Rachel b. ca. 1787 in Rockingham Co., N. C. married 28 Jan. 1813 to Reddin Britt."
"The property of James Frost is still known as `the Old Frost Place.' The land is located on Johnston Union Road. It is supposed that James and Isabella are buried there."
The article was written by Sadie M. Aycock.
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Sheila R. Crabb is researching the family of James and Isabella VanDyke Frost. Shelia writes "My grandmother's Mom was Sarah Melissa Frost daughter of James W. Frost & Martha Denny of Wayne Co., KY. James's father was James Frost son of Capt. James Frost. James Frost was married to Annia Hall of Person North Carolina."
Shelia's email address is: crabb@tdn.com
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Cornelis Van Dyck m. 1667, Elizabeth Beck, d. 1701. Cornelis died 1686, New York. Information came from the LINEAGE BOOK OF THE DAUGHTERS OF THE AMERICAN COLONISTS, record number 27696, except the information on Eve Van Dyke which was provided by Pat Olson.
Children:
2. i Jacobus.
Second Generation
2. Jacobus Van Dyck m. 1694, Jacomyntje Glen, b. 1674, d. 1731.
Children:
3. i Cornelis b. 1698.
Third Generation
3. Cornelis Van Dyck b. 1698, m. 1721, Maritje Mebie, b. 1702, d. 1733. Cornelis died 1758.
Children:
4. i Hendrick b. 1731.
Fourth Generation
4. Hendrick Van Dyck b. 1731, m. 1753, Engeltje Mebie, b. 1735.
Children:
5. i Jacomyntje b. 1767.
6. ii Eve.
Fifth Generation
5. Jacomyntje Van Dyck b. 1767, m. 1788, Frederick Dirk Van Patten, b. 1761, d. 1832.
Children:
7. i Nicholas b. 1789.
6. Eve Van Dyke m. Casper Van Wormer.
Children:
i Angelica Van Wormer b. 14 Feb 1800, Amsterdam, New York, m. John Isaac Swart. Information about Angelica and her parents came from Pat Olson.
Sixth Generation
7. Nicholas Frederick Van Patten b. 1789, m. 1808, Elizabeth Van Valkenburg, b. 1787, d. 1850. Nicholas died 1830.
Children:
8. i Nicholas b. 1810.
Seventh Generation
8. Nicholas Van Patten b. 1810, m. 1837, Rebecca Ann Kaley, b. 1819, d. 1864. Nicholas died 1884.
Children:
9. i Silas b. 1840.
Eighth Generation
9. Silas Van Patten b. 1840, m. 1784, Nancy Liddle, b. 1854, d. 1938. Silas died 1932.
Children:
10. i Sarah b. 1877.
Ninth Generation
10. Sarah Smith Van Patten b. 1877, m. 1908, Charles Case, b. 1874, d. 1937. Sarah died 1972.
Children:
i Carolyn Van Patten Case b. Duanesburg, New York, m. Charles Edward Stoodley.
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Peter VanDyke b. 15 Apr 1747, m. 26 Nov 1784, Elizabeth, b. 8 May 1767, d. 1825. Peter died 27 Jun 1816. Information provided by Dede VanDyke Hodges, 101 S. Mary Drive, Troy, MI 62294. Her email address is: dhodgesvan@hotmail.com. The information is recorded in a family Bible that is now owned by her uncle, Rod VanDyke of Collinsville, IL.
Children:
i Rebecca VanDyke b. 4 Oct 1767.
ii Peter VanDyke, Jr..
iii Elizabeth VanDyke b. 6 Apr 1771.
iv Amos VanDyke.
v Jonathan VanDyke.
vi John VanDyke b. 28 Nov 1785, d. 29 Oct 1794.
vii Mary VanDyke b. 7 Aug 1787, m. 7 May 1804, William Stout. Mary died 9 Jun 1848. Death record from Taylorsville Baptist Church.
viii Elenor VanDyke b. 7 Apr 1789, m. 8 Oct 1804, Mathias Carland.
ix William J. VanDyke b. 11 Feb 1791.
x Richard VanDyke b. 15 Oct 1792, m. 21 Feb 1823, Sarah Green. Sarah: This is her second marriage. Her first husband's surname was Lane.
xi Sarah VanDyke b. 7 Oct 1794, d. October 1880, Lexington, Lafayette County, Missouri.
xii Henry VanDyke b. 7 Jan 1797, m. Elizabeth Boyd.
xiii Nancy VanDyke b. 19 Oct 1798.
xiv Lucretia VanDyke b. 19 Nov 1800, m. 28 Dec 1818, Ben Foreman.
2. xv Abraham b. 28 Nov 1802.
xvi Emily VanDyke b. 23 Aug 1804, m. 1 Mar 1821, Edmund Stone.
xvii Ruth VanDyke b. 11 Sep 1807.
xviii Solomon VanDyke b. 30 Aug 1809, d. 11 Oct 1809.
xix David VanDyke b. 4 Jan 1811, d. 6 May 1814.
Second Generation
2. Abraham VanDyke b. 28 Nov 1802, m. 22 Dec 1825, Susan Foreman. Abraham died 27 Mar 1883.
Children:
i Catherine VanDyke b. 2 Oct 1826, m. 19 Aug 1843,George W. Anderson. Catherine died 29
May 1848.
ii Elizabeth VanDyke b. 14 May 1828, m. 3 Feb 1846, William Cheatham.
iii Mary Ann VanDyke b. 15 Mar 1830, m. after May 1848, George W. Anderson. Mary died 4 Apr 1851.
iv William J. VanDyke b. 29 Mar 1832, d. 9 Dec 1848.
v John S. VanDyke b. 15 Sep 1834.
3. vi George A. b. 27 Jan 1837.
Third Generation
3. George A. VanDyke b. 27 Jan 1837, m. 16 Mar 1858, in Springfiled, KY, Martha Moore, b. 26 Oct 1837, d. 31 Dec 1903, Springfield, KY. George died 18 Jan 1912, Springfield, KY.
Children:
i Abram H. VanDyke b. 19 Dec 1858, m. 5 Oct 1892, Mattie S. Daniel. Abram died 13 Jul 1934.
4. ii Tom b. 6 Oct 1861.
iii John VanDyke b. 25 Mar 1863, m. Mattie. John died 20 Oct 1945.
iv Susan VanDyke b. 11 Oct 1865, m. Mr. Carpentier.
v Wade VanDyke b. 1 Jan 1867.
Fourth Generation
4. Tom VanDyke b. 6 Oct 1861, m. 17 Apr 1890, in St. Louis, MO, Mollie Manning.
Children:
i Martha VanDyke b. 7 Apr 1892, m. J. Snider. Martha died 7 Aug 1947.
5. ii George Dewey b. 10 Jun 1898.
iii Thomas VanDyke b. 3 Aug 1903.
Fifth Generation
5. George Dewey VanDyke, Sr. b. 10 Jun 1898, m. 3 Jun 1918, Georgia Mae Shinn.
Children:
i Dede VanDyke b. 13 Feb 1943, m. Mr. Hodges.
ii George Dewey VanDyke, Jr. b. 15 Sep 1948.
iii Kim Susan VanDyke b. 5 May 1953, m. Mr. Hartman. Kim died prior to 1997.
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Dede VanDyke Hodges would like to know who was Peter VanDyke's first wife. Also she would like to know where he was born.
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LeAnne VanDykeWilden wrote the following in an email message dated July 11, 1997:
"Delighted to find the VanDyke Journal on the Internet! The February 1997 was a godsend!!!"
"I am a descendant of Wilson VanDyke from his marriage to Mary Ann Power Ross in DeWitt County Texas. I believe this to be Wilson's first marriage. I knew he was married two more timesbefore his death in 1881."
"Duane's information was incorrect in some aspects. Wilson was divorced by Mary Ann in the fall of 1854 in DeWitt County, Texas."
"Exicted to discover Wilson's parentage. The article was very enlightening. I am descendant of James Albert born 1850 d 1917 in Lavaca Co., Texas. James was married twice. I am from the second marriage to Nancy Clara Watson...their son Albert Henry and Ann Eliza Vick...my father was Henry Herbert born August born August 9, 1917 and died July 16, 1976. I am the only child of Henry and Margaret Louise Lenz...LeAnne VanDyke born 1939 and living in San Antonio, Texas."
LeAnne's mailing address is 3610 Lake Sunset Court, San Antonio, Texas 78217. Her email address is: kwil@onr.com
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Side Bar The following information comes from a court case heard upon appeal from a trial court in Michigan.
Weessies v. Van Dyke's Estate
"Error to Kalamazoo; Knappen, J. Submitted November 8, 1909. (Docket No. 178) Decided December 10, 1909."
"Harm Weessies presented a claim against the estate of Harm Van Dyke, deceased, for services rendered. The claim was allowed in part by the commissioners, and Walter Hoek, executor, appealed to the circuit court. A judgment for constestant on a verdict directed by the court is reviewed by claimant on writ of error. Reversed."
"Appellant presented the following claim against the estate of Harm Van Dyke, deceased:
`For board, washing, care, etc. of Harm Van Dyke, six years preceding
his decease, at $4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,248.00
For extra services and care of said Harm Van Dyke during the last
year of his life, after he was stricken with paralysis, and during his
last sickness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.00
For rent of lot, taxes, and insurance paid and incurred for Harm
Van Dyke during the last six years of his life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150.00
Total of $1,502.00'
"The commissioners on claim allowed the sum of $1,000. The executor, upon the demand of a legatee, took an appeal to the circuit court, where a verdict for the estate was directed. A motion for a new trial was made, and was denied, whereupon a judgment was entered upon the verdict with the direction to certify the same to the probate court. The principal question presented is whether there was testimony from which the jury might have found that the deceased expressly or impliedly contracted to pay for service and for board and washing furnished by the appellant during the six years preceding his death. Harm Van Dyke died November 28, 1906, at the age of 89 years. Appellant is his soninlaw the husband of his daughter. The testimony tends to prove that for 20 years prior to his death Harm Van Dyke lived alone in a small tworoom house which he had built with his own money on the lot belonging to the appellant, only about four or five feet from the house of the appellant. Prior to that time, he had for some years been a member of the family of the appellant, living in the house with his daughter and her husband. For a while after he built his house he took his meals at the house of appellant, but because he did not agree with a hired man, and because he was annoyed by appellant's children, he withdrew himself. Thereafter meals were taken by appellant, his wife, or their children to his cottage, and there the deceased was cared for during his life and during his last illness by appellant and his wife, assisted to some extent during his last sickness by the neighbors. The deceased bought his fuel, hired his washing done when the wife of appellant was unable to do it, and bought for himself some minor supplies, such as tea, sugar, tobacco, bread, and eggs. At times, but not for seven or eight years before his death, he worked for appellant, and was paid wages without deduction for his board or care. He was possessed of some money invested at interest. He left a will, which was probated, in which he disposed to persons other than the appellant and his wife. He makes reference to them in the third item of his will, which reads as follows:
`To my children, William Van Dyke and Mrs. Harm Weessies, I leave nothing, because for a long time they have been very unkind to me. I have thought this matter over carefully and feel that they deserve no part or portion of my property.'"
"This will was made July 14, 1900. It is the testimony of appellant's wife that some 16 or 18 years before his death appellant told the deceased that he was not able to care for him unless he paid something for his board; that the deceased, without saying very much, did say that he was able to pay for everything he got. Upon another occasion, when appellant's wife carried a meal to him at his house, he gave her 75 cents, and said: `Here is your board.' She took it and gave it to her husband. He asked her what it was for and she said: `Board from father.' Appellant said: `You take that back, and tell him I don't want that. That ain't enough.' She did so. Decendent took the money, and put it in his pocketbook, saying nothing. This occurred some 12 or 13 years before his death. The executor of the estate, who was also made a legatee, testified that decedent came to him one day, and wanted to know how much appellant owed in the way of a mortgage, was told that he could not tell him, when he went away. The next day he came again, repeated the inquiry, and was told to go to Mr. Osborn who had charge of the mortgages, and he could tell him about it. Mr. James W. Osborn testified that some time in 1901 or 1902 (it will be noticed that this was after the decedent had made his will) decedent came to his office and inquired if there were any mortgages there against appellant, was asked why he wanted to know, and said that Walter Hoek (his executor) sent him there."
"`He said that he had lived in with Weessies for years, and that he wished to pay him for it, and it was with a view of ascertaining what Weessies owed that he wished to provide for to assist Weessies. He said that Weessies was a man in poor health, that they had much sickness, and that Weessies was not as strong a man as he was when he was young. I then took the mortgages and prepared a statement of the amount that was owed on them. * * * I showed the mortgages to Mr. Van Dyke. * * * He had the amount of these mortgages; the balance of interest computed up to that time. I handed that to the old gentleman because he told me what use he desired to make of it. He said that he had boarded there, and that he wanted to pay them.'"
"I have here set out, in substance, the testimony and the circumstances relied upon by the appellant. He never presented a bill to deceased, or, so far as is disclosed, asked him to pay or asserted a claim.
Deceased never paid him anything. It is clear that the deceased and the appellant and his wife were not for many years were not for many years living together as a family, receiving mutual benefit and comfort from property which they enjoyed in common. On the contrary, deceased had withdrawn himself from the family, and, while he lived upon the immediate premises, and so close to the house of appellant that, when it was necessary, he could, ashe did, attract attention by rapping on the window of his own house, he lived separate and was furnished his meals, and accepted the care and attention of appellant and his wife and children in his separate domicile. The law will not imply from the discharge by a child of a purely filial duty an obligation of the parent to pay for the service. And, when the family relation exists, much which is done for and furnished to a member of the family by another or by other members is presumed to be gratuitously done or furnished. It is the relation, and the presumption arising therefrom, which is held to negative the existence of an implied contract to pay for what is accepted. But, under the circumstances disclosed by the record, there is, in my opinion, no conclusive presumption that the appellant was furnishing deceased his board gratuitously. It became a question of fact whether deceased and appellant understood that compensation was to be made. It may be that some distinction should be made between the items set forth in the account presented against the estate between the cost of the sustenance actually furnished to, and accepted by, deceased at the expense of claimant and some of the care bestowed by his wife, the daughter of deceased, upon her father. As a new trial must be had, it is unnecessary to anticipate the instructions proper to be given upon this subject."
"There is nothing in the record tending to prove that the wife or claimant acted in any capacity in making or continuing a contract with the deceased. She overheard a conversation between the parties and testified to it. She carried money and a message from her father to her husband, and returned the money and a message to her father. She testified to the occurrence. The fact that she may have cooked some or all of the food furnished by her husband and delivered some or all of it to her father does not constitute her the agent of her husband within the meaning of this statute."
"The judgment of the circuit court is reversed, and a new trial granted, with costs against the estate."
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