Absent Many Years, But Was Not Dead:  Lewis Balliett Found
 

Richland Co., Ohio

 
 

Misc. Records

 
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Absent Many Years, But Was Not Dead:  Lewis Balliett Found

RICHLAND SHIELD & BANNER:  06 June 1896, Vol. LXXIX, No. 4

 
 
 

Submitted by Amy

 

In 1860, at the beginning of the war, Lewis Balliett, a brother of S.S. Balliett of this city, enlisted and remained in service until the close of the war.  He was in the cavalry service, 10th. Ohio, and was on Gen. McPherson's staff when that gallant general was killed before Atlanta.

Upon returning from the war Lewis had a misunderstanding with his father, Jacob Balliett, and left for parts unknown.

Jacob Balliett was the father of three sets of children, Lewis being one of the elder.

About 15 years ago, when S.S. Balliett settled his father's estate he was unable to locate Lewis, who by the way, was his full brother.  Nothing had ever been learned concerning Lewis from the time of his departure and many believed him dead.

S.S. Balliett had a better knowledge of his brother's make-up and would not believe him dead, but all efforts to get trace of him were futile.  So firm was Mr. Balliett's faith that his brother was not dead that he had himself appointed trustee of Lewis' share of the estate and converted the money, about $800, into government securities.

After a lapse of seven years some of the younger heirs urged Mr. Balliett to distribute his brother's portion among the heirs as it is a presumption, in law, that a man is dead after an absence of seven years if no trace has been had of him or his whereabouts cannot be found.  Thus a man may be by law presumed to be dead though he be living in some remote, obscure place or living in cognito.

The younger heirs had S.G. Cummings appointed administrator of the estate of Lewis Balliett and through the administrator began proceedings against S.S. Balliett as trustee to have to the money distributed.

Still believing his brother might be alive, as nothing to suggest that he had died had ever been received through any source, Mr. Balliett resisted the suit.

His only straw was the testimony of E.D. Lindsey, who believed he recognized in the conductor of a passenger train on a Michigan road, the long-missing and unheard-of Lewis Balliett.  This occurred within the seven years between the settlement of the estate of Jacob Balliett and the action begun for the distribution of Lewis' share.

Mr. Lindsey was a passenger on a train in Michigan, at the time referred to, and when the conductor collected his fare Mr. Lindsey observed a striking resemblance in face and figure of S.S. Balliett.

"Excuse me" said Mr. Lindsey to the conductor, "but are you not from Mansfield, O?"

"Are you from Mansfield?" asked the conductor.

"Yes.  Isn't your name Balliett?"

But the conductor passed on without a reply.

This is the only circumstance Mr. Balliett had to support his case and upon this fragile evidence the courts sustained his suit.  He yet has possession of the fund as trustee and Mr. Cummings continues as administrator, but such services will not now be further required of him.

Mr. Balliett this morning received a letter from his long lost brother -- the first word that had been received from him for 30 years.  It was in response to an advertisement in a veteran's journal published at Washington, and was written at Excelsior Springs, Mo., where Lewis Balliett, now an aged man, is stopping for recuperation.

Lewis makes no explanation of why he has never written or returned to the old home, but apologizes for his long silence to his family and makes inquiry about his brothers and sisters.  He does explain how or where he has been living or what he has been doing but his letter seems to indicate that he is in easy circumstances.  He certainly must be, that he is able to stop at such a health resort as Excelsior Springs to rest and recuperate.  He has to his credit, however, in trust of S.S. Balliett about $1,000 -- there would have been more had it not been for the expense of following up the proceedings in the courts.

There is no man in Mansfield today so excitedly happy as is S.S. Balliett and he leaves tonight for Excelsior Springs to visit his brother, who has long been believed to be dead.


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