Branch No. 24
No Branch Captain at this time. Volunteer needed.
LAST NUMBER USED: 44
1 JAMES (1) LATTA
Born ____; d. ____; m. ____. Lived in Stark Co., Ohio. An account of the life of John Swigart printed in the Ohio Liberal stated that in 1806, Stark County was "a perfect wilderness. There was only one cabin in Canton and that was a tavern. I was then about 13 years old and remember well the hardships and privations which attended our life in the woods. Wild beasts and wild men roamed the forest in all directions. I helped my father to clear out two farms of about fifty acres on each. I had many encounters with bears and wolves, the howls of the latter being kept up nightly the year round. I have also killed many deer and wild turkeys. Rattlesnakes were abundant, thousands being scattered over the woods." www.rootsweb.com/~ohstark/settlers.html states that James Latta held Presbyterian services in his cabin. Had at least one child:
2 WILLIAM ELIHU (2) born in Virginia.
2 WILLIAM ELIHU (2) LATTA
James (1). Born in Stark Co., Ohio on August 31, 1806. Died in Polk County, Iowa on January 10, 1892. Buried in the Union Cemetery with his second wife, Mary. Married twice. First to Deborah Oliver by whom he had seven children. Second wife Mary Mercer born in Rockridge Co., Va. on January 28, 1810, by whom he had three children. Mary died on March 25, 1892. William went to Iowa in 1854 and settled near Polk City, Iowa. He later moved 12 miles north of Des Moines, Iowa and settled on a farm when his children were young. He later lived in Madrid, Iowa.
Children by first wife:
8 ROBERT (3) lived in Polk City, Iowa. Not married. Died in Canada. Spent his last days with his brother William.
9 NANCY (3) b. abt. 1834 in Ohio. m. Marshall Kennard. Both lived and died in Omaha, Neb. Two children. Laura died young. The other daughter m. Dr. John D. Peabody and lived in St. Petersburg, Florida. In the 1880 census, N. W. Kennard and Nancy Kennard are listed as living in Omaha, Douglas County, Nebraska. Living with them was their daughter, Jennie, age 21, born in Nebraska, a servant named Katy Mallosh, born in Bohemia, and Nellie Kennard, a 21 year old niece listed as "visiting". N. W. Kennard was 48, and his occupation was "Propt. Omnibus Line". Nancy was 46 years old.
10 MARY (3) b. 1835 in Ohio; m. Elijah Coons. One child: Clara Belle who m. Joseph McBride. They live on a farm 12 miles north of Des Moines, Iowa near Ankeny. Mary later married Hezekiah Conley Pennell on June 24, 1871. They had one daughter Minnie Adella who was born Nov. 30, 1874, and had a second daughter, Ora Alma who died in infancy. The 1880 U.S. Census states that H. C. Pennell and Mary Pennell were living in Crocker, Polk County, Iowa. Their children were listed as Clara Belle Pennell, age 20, teaching, born in Iowa, and Minnie A. Pennell, age 5. Note: Clara Belle was going by Pennell and not Coons.
(3) b. abt. 1838 in Ohio; m. John Wesley Casaday in Des Moines, Iowa. He died
there and she died in Tacoma, Wash. May 13, 1932 aged 74 years. Four children:
William Elihue m. Emma Adams. Harriet d. at age of 3 years. Annie May m. Henry
Weston. Four children. Hazel m. Bert Kinkaid. The 1880 U.S. Census lists John W.
Cassaday and Minerva Cassady living in Saylor, Polk County, Iowa. John was 46,
Minerva was 42. He was listed as a "brick moulder". Their children were William,
age 18, RR laborer, Annie, age 11, Charlie, age 8, and Mary, age 6.
12 SOPHIA (3) b. abt. 1840 in Ohio; m. Wills Beighler. One son: William living at Eugene, Oregon. In the 1880 U. S. Census, W. H. Bieghler and Sophia Bieghler were listed as living in Nodaway, Page County, Iowa. Wills was 50, and Sophia was 40. Their children were: Willilam L., age 22, Charlie C., age 20, James S., age 18, Ira O., age 14, all listed as farming, and Benjamin F., age 3.
13 HARRIET (3) b. _______; d. abt. 1862; m. John Wesley Leggett. She died soon after and a few years later he married her half-sister, Margaret in Des Moines, Iowa.
14 ANN (3) m. Joseph Davis. Lives on a farm near Clarinda, Page Co., Iowa. Five children: George. Nellie. William. Oscar. Herbert.
Children by second wife:
3 JAMES ELIHUE (3) b. April 12, 1849 at Polk City, Iowa; d. Dec. 8, 1922.
4 WILLIAM EDISON (3) b. Oct. 9, 1851 in Putnam Co., Ohio; d. Nov. 25, 1925.
15 MARGARET (3) b. Oct., 1849; died March 17, 1935; m. John Wesley Leggett after her half sister, Harriet, died. One of her daughters, Saidy, married Mr. Porter and lives at St. Charles, Iowa. Another daughter, Cora, married Frank James and lives Route 6, Des Moines, Iowa. A son, William Leggett, lives at Des Moines, Iowa. The History of Polk County, Iowa, published by the Union Historical Company in 1880 stated that J. W. Leggett was a farmer, the owner of a farm of 85 acres, improved. In January of 1864 he enlisted in the First Iowa battery, and served until the close of the war, when he was honorably discharged. He married Miss Margaret Latta on January 13, 1864. They had four children, Charlie E., Mary G., Cora E., and William L.
The Northwestern Reporter, Vol. 62, page 17
Davis, et al. v. Latta, et al, Supreme Court of Iowa: February 2, 1895. Suit to Set Aside Deed. Mental Incapacity. Undue Influence. Sufficiency of Evidence. In an action of heirs to set aside a deed from a father, 86 years old, to his son, it appeared that when the deed was made the son agreed that he should pay to the father a sum of money, which should be a lien on the land, and should support the father during his life. There was evidence that the father was feeble, that his hearing and sight were poor, that he was extremely nervous, that his wife and son attended to some of his business, and that he seemed incompetent to do business. A daughter testified that, shortly before the deed was made, her father talked about disposing of his property among his children, and told her what he would give each, and that he was going to make the deed in suit. When the deed was made, he disposed of other property among his children, and the lawyer who drew the papers testified that he discussed the different dispositions, and was competent to make a will. The doctor called in to attend to him a few weeks later testified that he did not see anything about him that was not rational. Held, that a finding that there was no evidence of undue influence or mental incapacity was proper. APPEAL FROM DISTRICT COURT, POLK COUNTY: P. Holmes, Judge. Action to set aside of a deed of conveyance. Judgment for defendants, and the plaintiffs appealed. Affirmed. J. R. Good and St. John and Stevenson for appellants. Bishop & Wilcoxen and Phillips & Phillips for appellants. GRANGER J. 1. William Latta died on the 10th day of January, 1892, at the age of 86 years. He had been twice married, and by the first marriage there came to him seven children, six of whom are living, and four of whom are the plaintiffs. There were by the second marriage three children. The defendants are the children of William Latta, except one, who is the wife of defendant, William E. Latta. On the 23rd day of December, 1891, William Latta made to his son, William E. Latta, a deed of 160 acres of land; and the purpose of this suit is to set aside said conveyance, on the ground that it was fraudulently obtained, through undue influence, and because said William Latta, at the time of the conveyance, was in such condition of body and mind as to render him incompetent for such a transaction. The answer puts in issue the averments of the petition. On the day of the execution of the deed, William Latta and his son William E. made the following agreement in writing, which indicates the purpose of the conveyance: "This article of agreement, made and entered this 23rd day of December, A.D. 1891, by and between William Latta, of Polk County, Iowa, party of the first part, and William E. Latta, of the same place, party of the second part, is as follows: The party of the first part being desirous of making a disposition of certain of his real estate among his children, and the party of the second part being his son, the said party of the first part has this day made, executed, and delivered to the said party of the second part a deed of conveyance, conveying to him the following described real estate, lying and being in Polk County, Iowa, to wit: the southwest quarter (1/4) of section 17, township 81 north, range 25 west of the fifth principal meridian, Iowa, containing 160 acres, more or less. The consideration expressed in said deed being $4,000.00, and said real estate being of greater value than said party of the first part desires to give as legacy to party of the second part, it is therefore understood and agreed by and between the parties hereto that party of the second part is to pay to party of the first part, as part consideration for said conveyance, the sum of $1,200.00, the same to be paid in cash. And the party of the second part, being unable to pay said $1,200.00 on this date, agrees to make a loan of said amount on said real estate, and, for the purpose of enabling him to make such loan and raise said sum of money, the deed conveying the same to him is this day delivered to him, and it is understood and agreed by and between the parties hereto that said $1,200.00 is to be and remain a lien on said real estate until the same is paid; and the party of the second part is to proceed at once to negotiate said loan, and the said $1,200.00 to be paid within a reasonable time for him to procure said loan on said real estate; and, upon the payment of said $1,200.00 by the party of the second part to the party of the first part, the same is to be received and accepted by him in full consideration and full payment for said real estate, except that party of the first part is to receive from party of the second part, as a further consideration thereof, his board, washing, mending, and having a home with him, and all necessary provisions, care, and attention for one of his years and declining health, during the remainder of his natural life. The party of the second part hereby binds himself to provide for party of the first part a comfortable home with him, in his family, and furnish him board and all necessary and proper care and attention for one of his years and declining health, free of charge, during the remainder of his life. In witness whereof, we hereunto sign our names, at Des Moines, Iowa, this 23 day of December, 1891. [Signed] William his X mark Latta. William E. Latta. Witness: F. K. Butler. W. W. Phillips."
The district court specifically found that "there is no evidence showing, or tending to show, that the defendant William E. Latta ever exercised, or attempted to exercise, any such influence over the said William Latta, deceased; and that the allegations in plaintiff's petition to the effect that the person named in the petition, William Latta, father of the defendant, was of unsound mind at the time of the execution of the deed, or that it was obtained by fraud, is not supported or warranted by the evidence. It will be observed that the finding as to undue influence is very conclusive, and to the effect that the evidence does not even tend to show such a fact. We think, when the record is fairly considered, the language of the finding is justified. Even though it should be conceded that, in view of the admitted condition of William Latta, as to age and physical weakness, at the time of the conveyance, the burden is with defendant to show that the transaction is free from fraud and undue influence, we are still of the opinion that the finding is warranted. It seldom happens that in a case of this character this important branch of it is free from doubt. William Latta, at the time he made the deed in question, was, from age and consequent weakness, stooped, and he walked with a cane. His hearing was poor, and also his sight. The evidence in support of the averments of the petition as to his incompentency is by testimony from a daughter (Mrs. Davis), her daughter, and some other witnesses who knew Mr. Latta the later years of his life. Mrs. Davis saw her father about five years before his death, and she testifies as to his being very old and feeble, and that he could not hear. She also said that he was almost blind at times, and "trembly and extremely nervous." Her daughter testified that she saw him about four years before his death, and she testifies to a state of facts much the same as her mother did. There is other testimony from neighbors and others who had some business transactions with him, who say the business was done by his wife or one of his sons, and they further say that he seemed incompetent to do business. This testimony is very inconclusive, and the business referred to as having been done by others, in his presence, for him, was generally of a character that, without any question of incompetency, might well have been done by others for one so advanced in years and physically weak. Mr. Latta was, for some years before his death, in such a condition bodily that, almost as a matter of course, the business of the farm would have been looked after by his family, regardless of his mental condition. It may be said that such is the usual experience of those in a like situation. Such business would likely be an undue tax upon his strength, and that fact alone would be an inducing cause for others of the family to do such business for him. Much importance seems to be attached to the fact that he did not attend to the business of the farm.
The testimony for the defendants far outweighs that of the plaintiffs, because it is of a character to show better the actual condition of his mind. One daughter, who lives in Des Moines, a Mrs. Cassidy, testified that he was at her house about December, 1891, which we understand to be about the time of making of the deed, and talked with her particularly about the disposition of the property, or "how he wanted to fix his business." He stayed with her all night. He told her he wanted to deed each of the older children a lot, and give each $200 in money. Mrs. Cassidy was one of the older children. He told her that William was to have the farm, except $1,200; and William was to take care of him. It does not appear that anyone else was present at this conversation. William was not. This is the plan that was carried out, as we understand, on the next day. The papers were made at the office of Mr. Phillips, in Des Moines. The testimony of Mr. Phillips shows that both William Latta and William E. came to his office, and the business was directed by William Latta, who explained to Mr. Phillips how he wanted to dispose of his property among his children. Mr. Phillips agrees with the witnesses for the plaintiffs as to his physical condition, and he says that, without a further test, he would have thought him incompetent for such a transaction; but he says that, after talking with him about the children, the improvements of his farm, and as to how he wished to dispose of his property, with other facts as to the best manner of making a disposition of his property, he thought he had a clear conception of his business transactions, and was perfectly competent to make a will. The testimony of Mr. Phillips is quite convincing as to the mental capacity of Mr. Latta. The lots deeded to the other children were worth about $150 to $200 each, and it is said the farm was worth $40 per acre. This, of course, would be a very unequal distribution of property among children. But that of itself does not show mental incapacity. The farm was his home, where he desired to remain, and he was to be cared for during his lifetime. The value of such care was a matter of much uncertainty. The evidence clearly shows that he had in mind, in doing what he did, the fact that he should not give William too much, and he thought to give him the farm would be too much, and William was required to make a payment of $1,200.00. The following is the testimony of Dr. Brockhart, the physician who attended him in his last sickness: I am a practicing physician in Polk county. Have been there about three and a half years. I became acquainted with Mr. Latta about two years before his death. I attended him in his last sickness. I was called about two days before he died. La Grippe was the occasion of his death. When I first called to see him, he was rational. He asked me if I thought he would get well. I told him I did not think he would. I saw him on the following day. He was not conscious at that time. When I first called, I did not see anything but what he was perfectly rational. He was very sick then, but what conversation I had with him I did not see anything but that he was perfectly rational. I never met him until I saw him on his deathbed. It was from the 7th to the 15th of January last. I was called there one day, and went back the next day, which was the afternoon before his death. That is all I know about the old gentleman." This testimony has strong corroboration in other testimony of physicians and farmers who knew him for years before his death. It is a case in which the man in advanced years, after the loss of his wife, who died about a year before, was not only making a final disposition of his property, but he was making provision for his support and a home in a way to meet his wishes. It is true he lived but a short time after the provision was made, but the right to make such a provision is none the less sacred or important to him, and courts should not, upon so feeble a showing, disturb such a transaction. The case is without a taint of bad faith, and we think the action of the court in sustaining the transaction was proper, and its judgment is affirmed.
3 JAMES ELIHUE (3) LATTA
William (2) James (1). Born at Polk City, Iowa April 12, 1849; d. December 8, 1922; m. Sarah Ann Meader January 19, 1873 at Madrid, Iowa. She was born August 23, 1852. In 1935 she was living at Route 1, Hawkeye, Iowa. In the 1880 U.S. Census, he is listed as "James E. Lattie", residing at Madison, Polk County, Iowa. He was 31 years old, and listed as a farmer. He is listed as being born in Ohio. His father was born in Virginia, and his mother was born in Ohio. His wife, Sarah A. Lattie, was 26 years old, and the children were listed as William V., age 6, born in Iowa, Maggie C., age 1, born in Iowa, and a Laura E. Wright, daughter, age 12, "lives in family." Note: it listed that she was a "daughter". This was probably an error.
5 WILLIAM VALENTINE (4) b. abt. 1874; m. Tillie Swanson on May 31, 1899 in Des Moines, Iowa.
16 ROBERT E. (4) b. February 16, 1877; d. May 18, 1879.
17 MARGARET CALISTA (4) b. April 8, 1879; m. Mr. Anderson. In 1935 she lived at Hawkeye, Iowa. Two sons, George and Harry. 1940 Census, Hawkeye, Iowa she was listed as Maggie C. Anderson, widowed, and her mother as Sarah Lotta.
18 DAVID MARSHALL or MARSHALL D. (4) b. July 29, 1882 in Iowa; d. October 6, 1909 in Des Moines, Dallas Co., Iowa.
19 CLARA B. (4) b. January 15, 1884; m. Mr. Piltz. In 1935 lived at Minnesota Lake, Minn.
20 MARY E. (4) b. May 25, 1886; m. Mr. Egan. Lives 999 E. 5th St. Pomona, California.
21 EDITH E. (4) b. April 21, 1889; d. November 16, 1918; m. Mr. Sutton. A son: Gerald is living at Climax Springs, Mo.
22 NELLIE BLANCHE (4) b. August 5, 1892; m. Mr. Edmonds and is living at Pomona, Calif.
4 WILLIAM EDISON (3) LATTA
William (2) James (1). Born October 9, 1851 in Putnam Co., Ohio; d. November 20, 1925 in Iowa; m. Emma Ida Meader, daughter of Samuel J. Meader (1818-1900) and Sarah Scribner (1824-1860) on August 28, 1874 in Polk Co., Iowa. She was born February 21, 1855 in Polk Co., Iowa. She died May 11, 1909 at Berwick, Iowa. She is buried in the Berwick Cemetery. Came to near Polk City, Iowa with his father 1854. In the 1880 U. S. Census, William Latta was listed as living in Allen, Warren County, Iowa. He was 27 years old, a farmer, born in Ohio. His wife was listed as Emma, age 24, born in Iowa. Their children were: Mary M., age 5, born in Iowa, John R., age 2, born in Iowa, and Ora, age 4 months, born in Iowa. There was also listed a boarder named Edwin Wright, age 13, and a servant farm hand named Ezra Meader, age 23.
23 MARY MYRTLE (4) b. July 15, 1875; m. Wren D. Fuson February 20, 1895. They had four children.
24 JOHN ROBERT (4) b. February 28, 1877; m. Amy M. Jones July 24, 1901. Lived at Coon Rapids, Iowa. John R. Latta died on January 7, 1952. Amy Melvina Latta died on January 9, 1956. They are both buried at the Elm Grove Cemetery, Polk County, Iowa. They had four children.
25 ORA EDITH (4) b. November 25, 1878; m. Charles Rice February 19, 1896. Living at Visalia, Calif.
26 HALLIE BLANCHE (4) b. February 3, 1884; d. February 15,1973; m. W. E. Day on September 18, 1901. Buried in the Masonic Cemetery, Des Moines, Iowa.
6 WILLIAM EDISON, JR. (4) b. March 4, 1886; m. Maude M. Ashworth on August 10, 1911.
Masonic Cemetery, Des Moines, Iowa
5 WILLIAM VALENTINE (4) LATTA
James E. (3) William (2) James (1). Born September 23, 1875; m. Matilda "Tillie" Swanson at Des Moines, Iowa May 31, 1899. She was born September 23, 1878 in Sweden, daughter of S. Swanson and Sadie Carlson.
27 HAROLD ARTHUR (5) b. (5) April 4, 1900; d. September 30, 1905.
7 MILO LeROY (5) b. 1902; d. 1989.
28 HELEN MARIE (5) b. February 28, 1905; d. September 30, 1905.
29 EDITH IRENE (5) b. September 20, 1907; d. May 12, 1930; m. Dwight Jacob Sharp from Madrid, Iowa August 28, 1929 at Des Moines.
30 DONALD FRANKLIN (5) b. June 19, 1911; m. Margaret Welder June 20, 1934 at Granger, Iowa. She was born December 15, 1916. From Madrid, Iowa.
31 MILDRED ETHELYN (5) b. November 26, 1912; m. Guy Ralph Rockwell March 10, 1934 at Boone, Iowa. He was born May 24, 1909 from Luther, Iowa.
32 WILLIAM HART (5) b. April 26, 1916.
33 SARAH MAY (5) b. May 28, 1919.
6 WILLIAM EDISON, JR. (4) LATTA
William E. (3) William (2) James (1). Born May 4, 1886 in Iowa; d. March 1978 in Los Gatos, Santa Clara Co., California; m. Maude M. Ashworth August 10, 1911. She was born April 21, 1904 and died July 23, 1999 in Las Vegas, Clark County, Nevada. 1920 Census - living in Des Moines, Iowa. In 1935 lived at 1315 East Euclid Ave., Des Moines, Iowa.
34 LEONA E. (5).
35 WILLIAM WOODROW (5) b. June 13, 1913; d. Oct. 9, 1996.
36 LAVERN F. (5).
37 DONNA BELLE (5). m. Louis Koncan.
38 BARBARA (5).
Los Gatos Memorial Park, Los Gatos, CA
Los Gatos Weekly-Times - Obituaries
MARTHA LATTA - Martha Wilma "Billie" Latta of San Jose died on March 14, 2000, at the age of 86. Latta was born on Feb. 24, 1914, in Texas. She worked for the old Los Gatos Times newspaper until her retirement, then enjoyed spending time with her family and many friends. Latta was preceded in death by her husband, Woodrow W. "Woody" Latta. Survivors include son Bill Latta; sons and daughters-in-law Earl and Winona Latta, Hal and Sharon Latta, and Robert and Cathy Latta; nine grandchildren; seven great-grandchildren; and many nieces and nephews. Memorial services have been held, with interment at Los Gatos Memorial Park. Donations may be made to the Big Sur Health Center in Big Sur; Families & Friends of Violent Crime Victims in Seattle, Wash.; or Open Door Pregnancy Center in Moscow, Idaho.
7 MILO LeROY (4) LATTA
James E. (3) William (2) James (1). Born August 25, 1902; d. Oct. 11, 1989; m. Glendora Harriet Engstrom on March 23, 1926 at Adel, Iowa. She was born June 28, 1907 at Sheldahl, Iowa. She died May 23, 1997 in Madrid, Iowa. They are buried at the Mount Hope Cemetery, Madrid, Boone County, Iowa.
There is a Milo Latta who is a bus driver for the
school system in Madrid, Iowa in 2005. There is a Charles Latta listed in the
telephone book for Madrid, Iowa in 2005 and there are a couple of girls listed
in track and field events living in Madrid, Iowa in 2004-2005 named Angie Latta
and Jessica Latta.
THIS IS THE END OF THE BRANCH.............................................NOTES BELOW
Other Latta family members buried in Polk County, Iowa include the following:
Latta, A. J. d. Oct. 17, 1907
Latta, Henrietta d. August 16, 1956
Latta, Infant d. May 19, 1902
Latta, Mary d. February 17, 1940
Latta, Alfred d. May 10, 1932
Latta, infant of Robert M. d. February 1, 1936
Hockart, Johnston Latta d. Oct. 4, 1928
Oak Grove Cemetery
Latta, Wilma Smith d. February 9, 1988
Acheson, Pearl Latta d. 1958
United Brethren Cemetery
Latta, Marshall D. d. Dec. 6, 1899
Glendora H. Latta (May 1997) *This is the wife of Milo LeRoy Latta.
Marjorie Ruth Latta (July 2003) daughter of Everett and Mabel Scott Wagner, born July 31, 1916 at Garden Grove and died July 4, 2003 at the Clarke County Hospital.
A daughter to Katie and Steve Latta in April 2001.
A Latta researcher on the Polk County, Iowa website is Peg Hoffman whose e-mail address is email@example.com