1856 Probate Court Notice for the Wife of California Pioneer, Grove C. Cook
10214On offer is a fascinating legal document bearing the letterhead of the law firm of Hall & Huggins. It hints at a very contested legal action in mid-19th century California.
The document bears the following inscription:
In Probate Court Santa Clara Co. Petition of Rebecca J. Gratton for the issuance of Letters of Administration on Cook’s Estate. Filed Sept 19th, 1856...
As innocuous as it appears, this simple document references a wild and chaotic ride through land dealings taking place in the new state of California.
In 1849, gold was discovered sparking the Gold Rush. In 1850, California became the 31st state of the United States.
Rebecca Gratton was the 2nd wife of Grove C. Cook. Cook was an early pioneer, coming into California in the Bidwell-Bartleson Party of 1841 – the first overland wagon train to cross the United States to the Pacific coast. He eventually settled in the Santa Clara Valley and in 1845 he purchased Rancho de los Capitancillos. This land purchase later became the New Almaden Quicksilver Mine.
The original land claim dated from the years when California was part of Mexico. Quicksilver – actually Mercury – was a vital commodity in gold mining and the Gold Rush drove the demand and value of this property. Cook sold part of the land parcel and mortgaged other parts of it. These numerous land and mortgage deals left a trail of litigation after his death.
His holdings soon became the subject of numerous competing claims and counter-claims with even Abraham Lincoln attempting to expropriate it. The New York Times even reported on the litigation as "one of the most remarkable civil trials in this or any other country"
There are references to this dispute in the courts of California and indeed right up to the Supreme Court of the United States.
For a historian, this small document hints at some of the momentous events taking place in California at the time it entered the union as a state.
The document measures 7.75 inches by 12.5 inches. It is folded in quarters. It bears the marks of a fastening clip and, in fact, served as the cover for a legal pleading. The page is a bright gold colour and bears the letterhead of a legal firm. The page is in good condition.
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