The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-09-07
WE'D TOHER UNCLE
Mrs. Phoebe Ables Lives 90
Years in Ignorance of Fact.
Judge Dana Annuls the Mar
riage Today.
BLIND CHILD WAS BORN
Parents Quarreled and The
Truth Came Out.
Mother Who Held Terrible
Secret Then Revealed Fact.

Married for % years to her uncle is
the situation that confronted Mrs
Phoebe M. Ables until today when
Judge Dana of the district court handed
down decree annulling the marriage
ceremony performed at Cottonwood
Falls in September, 1882.
Back of the annulment of a marriage
contract is a story rarely met in real
life, story of the unintentional viola
tlon of the statute relative to intermar-
riage. The principals in the case,
Phoebe M. Ables and her husband, VIM
II. Ables, met by chance. He was liv-
ing in Topeka at the time while she
lived at Cottonwood Falls, and after a
brief courtship they were married with
out the knowledge or consent of the
mother, and without either party know
ing that there was relationship exist
ing between them. Until two months
ago, it is claimed, neither knew OF the
relationship.
The couple moved to Shawnee cour-
ty and located near Rossville where
they have continued to live since.
Had the course of their married life
continued to run smoothly they would
have probably finished their days in
ignorance of the fact that they are
uncle and niece. A year ago a family
quarrel came up and increased in fury
until it became so serious that the prin-
cipalS separated, the husband conIin-
uing to live on the farm while the wife
came to Topeka where she has since
been.
After having lived apart for a year
the mother of Mrs. Ables wrote her ap-
prising her of the fact that the man
that she had been living with for more
than twenty years was not only her
husband but that he is her uncle as
well. Nineteen years ago a daughter
was born to the couple, who was blind
at birth and who has been a helpless
imbecile all of her life.
This blind helpless child it seems has
been the binding tie between the
couple for years and as they grew
further apart as their difference in
creased the care of the child seem ed
could agree. An agreement was
finally reached that a decree of di-
vorce should be obtained by the mother
of the girl, the father to retain possess
sion of the farm and the property that
had been accumulated in the 20 years
of toll; that he should have possession
of the blind child and should provide
for her, and at the time of his death
the property to go to her. This agree
ment was made outside of the court
but is embodied in the decision handed
down by Judge Dana in his decree of
annulment. BY the decree the girl is
deprived OF LAWFUL parenIdS0 as Ln0
supreme court has held that in a case
of this kind no marriage has ever
existed. The woman who is the
mother of the girl with a view of pro-
viding proper care for her offspring
sacrifices all of her interests in the
property which the couple have ac-
cumulated in the 20 years that they
have lived and toiled on the farm.
The property consists of a farm
near Rossville and is worth about
In 1xfr 1f 6a M
John Y. Abrams who is the attorney
for the plaintiff said: "This is one of
unusual cases that it sometimes falls
to the lot of a lawyer to handle. 1t
is the first case of the kind that has
come under my observation and in
looking over the decisions of the su-
preme court I find but two similar
cases. The law holds that marriage
never existed and that the offspring
In a case of this kind are without legal
parentage and that either parent may
marry without the formality of a di-
vorce proceedings