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Lot 152
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Abraham Lincoln Represents Family of Fallen Fellow Attorney
Abraham Lincoln Represents Family of Fallen Fellow Attorney
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Description:

[Lincoln Abraham]

Abraham Lincoln Represents Family of Fallen Fellow Attorney

[Abraham Lincoln]. William H. Herndon, autograph document, power of attorney appointment signed by Mary L. Welles, December 7, 1855, filed in Mahoney v. Welles et al., Sangamon County Circuit Court, December 8, 1855. 1 p., 8" x 12.5". Expected folds; very good.

Complete Transcript

"November Term Circuit of Sangamon County A D 1855

I hereby authorize Abram Lincoln to enter my appearance as widow of Charles Wells deceased and in my own individual capacity and likewise to enter the appearance of the heirs of Charles Wells deceased and in the capacity as Guardian I authorize Abm Lincoln to enter my appearance as Guardian of the heirs of Charles Wells deceased. Julia N. Wells, Charles Wells, Mary Wells, & Helen Wells, and to waive all process in a case to be brought by Daniel Mahoney is or will be complainant and myself and heirs aforesaid will be defendants and to all other acts which are legal in the premises so that Mr. Mahoney gets his deed for the land or lot which shall be prove to paid.

Given under my hand & seal this the 7th day of Decr A D 1855

Mary L. Wells {seal}

[Docketing:] Filed Decr 8 1855

J H Matheny clk."

In November 1853, attorney Charles R. Welles (1812-1854) sold Daniel Mahoney two lots in Springfield, Illinois, for $132.50.  Mahoney gave Welles two promissory notes and paid the money, but Welles died before conveying a deed to Mahoney.  Mahoney retained Abraham Lincoln and William H. Herndon and sued Welles’s widow Mary L. Welles and his heirs for a deed for the lots.

Through this document written by Herndon, Mary L. Welles gave Lincoln power of attorney to enter her appearance in the case.  The court ruled for Mahoney and ordered Mary L. Welles to convey a deed to Mahoney for the two lots.

Charles R. Welles was an attorney, but he also speculated heavily in land in several Illinois counties. When an outbreak of cholera killed Welles and his infant son in July 1854, he left many unfinished land transactions and died without a will. Another son died of cholera in August 1854. Mary Welles chose to act both as the legal guardian of their four surviving young children and as administrator of her husband’s estate. Lincoln, Herndon, and other members of the Sangamon County bar rallied around the Welles family. Lincoln served as her attorney to facilitate the completion of at least thirteen separate land transactions, including this one. Most of the land that Welles owned was undeveloped and collected no rents, so Mary Welles needed to finalize the land sales and sell more of the holdings of her husband’s estate to pay taxes on the land the family owned and to accumulate enough money to support her children. Her three daughters all died of scarlet fever in January 1857.

Although the complainant and respondent in such cases were formally in an adversarial relationship, there was general agreement on the desired results. These “friendly suits” often saw attorneys writing documents for both sides, as in this case, where Lincoln and Herndon represented Mahoney, but Lincoln also represented Mary Welles and her minor children.

William H. Herndon (1818-1891) was born in Kentucky and moved to Springfield, Illinois, with his family in 1823. After briefly attending Illinois College in Jacksonville, Herndon worked as a store clerk before studying law in the offices of Stephen T. Logan and Abraham Lincoln. After Herndon was admitted to the bar in 1844, Lincoln chose him later that year as his junior partner. The partnership of Lincoln and Herndon lasted until Lincoln’s death in 1865, and handled at least 3,200 cases in the county courts of central Illinois, the Illinois Supreme Court, and the federal courts in Illinois. After Lincoln’s assassination, Herndon began collecting reminiscences for a biography. He then shared his research with Ward Hill Lamon, who used it in his ghost-written biography. In 1889, Herndon published his own biography of Lincoln with co-author Jesse Weik.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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