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PO BOX 1909
POST FALLS, ID 83877
Meissen, Sachsen (Saxony), Germany
William Mize 1555 Meissen, Sachsen (Saxony), Germany D: 1638 Manchester, Lancashire, England M: 1596 Cicely B: 1555 Germany D: 1596 in Germany. This William is the first Mize to immigrate from Meissen, Sachsen (Saxony), Germany to Manchester, England.
James Thomas William Mize, Sr B: 1575 Meisenheim, Landkreis Bad Kreuznach, Rheinland-Pfalz, Germany D: Manchester, Lancashire, England M: Manchester Cathedral, England 12/12/1595 to Margaret Ann Buerdsell 1573-1650, d/o John Buerdsell.
James Thomas William Mize, II 1597 Manchester, Lancashire, England D: 1650 Manchester, Metropolitan Borough of Manchester, Greater Manchester, England M: 1619 Margaret Sword 1600-1650
James Thomas William Mize, III B: 1620 Manchester, Lancashire, England D: 1700/12 M: 1640 Elizabeth Newcomb
James Mize IV B: 1645 Manchester, Lancashire, England D: 1676 M: 1669 Elspet Young B: 1650 Brenchley, Kent, England D: 1672 Charles City County, Virginia, British Colonial America.
James Mize V B: 1671 Lancashire, England D: 1761 M: 1693 Virginia, British Colonial America, Elizabeth Martha Hamlin-Jarrett B: 1675 Virginia, British Colonial America D: 1761 Charles City County, Province of Virginia. Burial: Lawnes Creek Cemetery, d/o Stephen Harrison Hamlin, Jr. and Elizabeth Taylor Hamlin.
1~Jeremiah Mize 1698 Surry, Virginia, British Colonial America. D: 1775 NC
2~Mary Hannah Mize 1715–1765 M: 1732 Thomas Wright 1713-1745
1~Sarah Wright 1739-1812
3~Stephen Mize 1720–1792 Lunenburg, Virginia M: 1741 Avis Wray
1~Mary Ann Mize 1744- M: Aaron Stegall 1754-1826
2~William Mize
3~John Mize 1748-
4~Sylvania Mize 1750-
5~Lyndal Mize 1752-
6~Susannah " Suky" Mize 1754-
7~Avis Mize 1756-
8~Winny Mize 1758-
9~Lucertia Mize 1760-
10~Joyce Mize 1762-
11~Sally Mize 1766-
12~Syndol Mize 1772-
4~William Mize 1722-1723
5~James Mize VI 1724-1770 M: Mary Elizabeth Anderson 1724-1791
6~Joshua Mize 1726-1790
Jeremiah Mize Sr. B: 1698 VA D: 1775 NC M1: 1720 Grace B: 1700 VA D: 1740 NC.M2: Tabitha Edmonds 1720-1775. In 1728, Jeremiah & James were granted 118 acres of land from King George III in Brunswick County, Virginia along the Meherrin River, Ruine Creek (Stony Creek), and Great Creek. 14 children: Sarah Mize 1725-, Joshua Mize Jr. 1726-1790, John Mize 1732-1804, Benjamin Mize 1735-, Henry Mize 1735-, Howell Mize 1740-1800, Jeremiah Mize 1745-1809, John Mize 1748-, Joheneson Howell Mize 1755-1805, Henry Thomas Mize 1755-1853, James Mize 1756-1856, Zachariah Mize 1761-1833, Zachariah Mize 1764-1853, and Henry T Mize).
Joshua Mize B: 1726 VA D: 1790 NC M: Martha Ward B: 1724 Shrewsbury, Massachusetts D: 1784 Northborough, Massachusetts, buried Mountain View Cemetery. 12 children.
Isaac Mize Sr. B: 1744 NC D: 1809 KY M: Elizabeth W Massey B: 1758 VA D: 1815 KY. 13 children, 10 survived infancy. In 1786 Isaac was a young farmer in the Yadkin Valley of North Carolina, in Surry County.
Isaac Mize Jr B: 11/26/1792 D: 3/26/1882 in Estill Cty, KY. Isaac Mize was one of the leading citizens of his community in Estill County, where he was engaged in farming and stock trading, and served in the State Legislature and Judge. M: 03/14/1819 to Nancy Walker in Estill County, KY. She was born 07/20/1793 at the mouth of Red Lick Creek in Estill County, KY and died 03/13/1860 in Estill County, KY and is buried at Irvine City Cemetery. Nancy had a wealthy brother, James Morgan Walker. It has been said that the first fighting in the Civil War, war between the States, was on his farm in Boone County, Missouri. A grandson, Thomas J. Walker, had The Virginia Pharmacy in Independence, MO (father of Henrietta Walker Childers of Independence). Nancy Walker's sister, Betsy married Thomas Gaddy in Estill County in 1815, They went to Illinois about 1833. The Walker family probably came from Northern Ireland, or possibly from Alsasce-Lorraine.
1~John Aleis Mize, per family Bible: B: 01/17/1820 in Irvine, Estill County, KY. D: 12/22/1847.
1~William Oldham Mize I B: 09/22/1844
2~Rowena/Rorverra Mize B: 09/30/1846 D: 08/09/1847
2~Elizabeth Mize 1823-1904 M: Sidney Madison Barnes
3~Nancy Mize 1824-1891 M: 1846 James Greenville Trimble 1823-1919
1~Mary Clark Trimble 1847–1931
2~Rowena Belle Trimble 1850–1932
3~Nelson Harvey Trimble 1852–1937
4~Robert M Trimble 1855–1939
5~Ella O'Hair Trimble 1857–1931
6~Bruce Walker Trimble 1860–1932
7~Fannie Lee Trimble 1863–1916
8~Nancy "Nannie" Trimble 1866–1946
9~James Greenville Trimble Jr. 1870–1958
4~Roderick Shackleford Mize 1827-1868 M: Catherine Daniels 1834-1894
1~Susie Mize Morris 1856–1932
2~Nannie Mize 1858–1860
3~Annie Mize Peters 1860–1935
4~Ellen Mize 1862–1863
5~Robert Daniel Mize 1864–1915
6~Clara Mize 1866–1866
5~Susan Jane Mize1830-1898 M: George Mapel
6~Robert Mize 1833-1855
7~Daughter Mize 1835
8~Fannie/Frances Catherine Mize 1837-1917
9~Isaac Morgan Mize 1840-1898 M: Edith M Vaughn 1841-1910
1~Nancy Mize 1866–1949 M: John William McKinney 1856-1919
1~Edithe Ernestine McKinney 1893-1895
2~John William Mize 1868–1947 M: Lena Rivers Wright 1874-1947
1~John Doyle Mize 1911-1989
3~Mattie Mize 1871–1942 M: Walter Raleigh Day 1873-1937
1~Nathan Boone Day 1894–1914
2~Floyd I. Day 1897–1985
3~Mary Eloise Day Goodman 1899–1982
4~Walter Carl Day 1903–1934
5~David Eastin Day 1906–1994
4~William O Mize 1877–1965 M1:1899 Hattie M McKnight 1874-1940 M2: 1941 Weeda McIntosh Tipton 1912-1993
1~Earl Roger Mize 1906–1984
2~William O Mize 1943–2013
5~Katherine Erine Mize 1884–1961 M1: 1904 Asa Jones Haggard 1880-1919 M2: 1921 William Hickman Brock 1878-1964
10~William Mize 1845-
Here starts the Mize Family connection...
1~John Aleis Mize, per family Bible: B: 01/17/1820 in Irvine, Estill County, KY. D: 12/22/1847. He was buried in Independence, Missouri. John owned a Merchant & Pharmacist-Drug Business. He married 11/06/1843 (11/22/1843 on Miller's 'Hist & Gen') to Marium Oldham. Marium was born 05/01/1822 Madison County, Kentucky. Daughter of William & Sallie (Gilbert) Oldham of Richman. Marium died 03/17/1858 in Clark County, Kentucky. They had two children: (Marium remarried 03/27/1951 to Thomas H. Blakemore of Richman, KY and had a son Johnny Blakemore of Independence, MO.
Marium & son William about 1850
2~Rowena/Rorverra Mize B: 09/30/1846 D: 08/09/1847
Rowena Mize: Woodlawn Cemetery
1~William Oldham Mize I B: 09/22/1844 in Independence, Missouri D: 08/20/1915. Hon. William Oldham Mize I, as an orphan, in 1850, he went to Hazel Green (Richmond) to live with his Aunt & Uncle (Nancy Mize Trimble) who owned the Mercantile Business in Hazel Green. In early life William attended the common schools; he subsequently attended school at Millersburg, Ky, as well as a commercial college at Cincinnati, OH. In 1865 he engaged in the mercantile business at Hazel Green, Ky., in which business he continued until 1878. He was an attorney. In 1879, he was elected in the State Senate from Wolfe, Morgan, Magoffin, Lee, Owsley, Powell, Johnson, Menifee and Breathitt Counties, serving one term. Mr. Mize was a man of a great deal of natural ability as a writer and speaker, and has for many years been recognized as one of the leading men of Wolfe County.William married 04/27/1874 to Lou Ellen (Lula) Cockrell of Hazel Green, daughter of Rev McKinley Cockrell (01/16/1827-01/22/1855) & Emily Jane Trimble (01/04/1828-12/12/1897). Lou Ellen B: 06/15/1848 D: 04/06/1926. They had one Child:
Lou Ellen Cockrell-Mize 9/12/1907
William O. Mize Residence in Hazel Green 2008
Carl Mize, far left, mid 1890's
1-Carl B. Mize B: 07/23/1875 D: 01/17/1933. Carl married in 04/10/1910 to Carrie Lee Rose, daughter of John M. Rose (10/04/1849-1902) & Sarah Elizabeth Swango-Rose (1857-02/10/1913). Carrie B: 05/05/1885 D: 12/03/1964. Carl graduated from Centre College with an Academic Degree 06/06/1897. Carl was the Druggist in Indianapolis and then owned the General Store and a Movie Theater in Hazel Green. Was a member of the F & A M, was a Democrat, and an elder in the Christian Church. They had two children
1~Marium Elizabeth Mize B: 01/11/1913 D:
2~William Oldham Mize II B: 05/23/1915 D: 07/29/1987 US ARMY AIR CORPS WORLD WAR II. William Oldham Mize II, a Restauranteur, was married 07/26/1935 to Evelyn Swope and renewed their vows on 05/22/1965, after a brief separation. Evelyn Swope was the daughter of James C. Swope. B: 08/20/1914, in Winchester, KY and died in Sacramento, CA, 1988. William had a nine year affair with Eva Shaw Waters, resulting in a son, William Oldham Mize IV, born 09/13/1961, in El Paso, Texas.. Eve had remarried in 1964, to Jerry Lemuel Mixon.
< William & Carl Mize
Carrie Lee Rose
Carl owned the Hazel Green Motion Picture House & hosted the Old Time Fiddlers Contests there.
WILLIAM O. MIZE 9/12/1907
William Oldham Mize I dies 08/19/1915
Carrie Rose Mize
1927 ~ William with the skates on
Hazel Green Academy
William Oldham Mize II graduated from Hazel Green Academy in 1934. William graduated from the South Plains Army Air Field of Lubbock, Texas in 11/13/1944, as a Glider Pilot. In 1942, the military established a glider school in Lubbock. Known as whisper ships, the gliders were used extensively in the airborne invasions of Burma and Normandy, carrying as much as 4200 pounds of men and equipment. Army Air Forces Glider School grew rapidly, gaining a new name, South Plains Army Flying School in May, 1942, and South Plains Army Air Field in May 3, 1943. South Plains Army Airfield in Lubbock, Texas, was a major training base for US Army Air Force glider pilots during World War II. Approximately 80 percent of the roughly 6,000 pilots trained to fly the combat cargo glider received their advanced training and were awarded their "G" Wings at SPAAF, as it was known. The base was conceived, built, used, and then closed in a short five-year period during World War II. Today, little remains to remind one of the feverish and important military training program that once took place on the flat, featureless South Plains of Texas. During World War II, American military strategy and tactics included a significant airborne component. Major invasions, such as D-Day at Normandy, were preceded by huge aerial fleets carrying paratroopers and their equipment. These airborne invasion fleets sometimes exceeded well over 1,000 Allied gliders. The American airborne forces depended upon an ungainly looking aircraft, the CG-4A glider, to carry the vehicles, munitions, and reinforcements needed to survive. The pilots who flew them learned their trade at South Plains Army Airfield.
The Honorable Order of Kentucky Colonels
Bill was a proud member, Kentucky Colonels are unwavering in devotion to faith, family, fellowman and country. Passionate about being compassionate. Proud, yet humble. Leaders who are not ashamed to follow. Gentle but strong in will and commitment. The Honorable Order of Kentucky Colonels, as a Brotherhood, reaches out to care for our children, support those in need and preserve our rich heritage. “The Honorable Order of Kentucky Colonels, Inc. is irrevocably dedicated to and is organized and operated exclusively for charitable purposes…” If you’re a commissioned Colonel, you are a Kentucky Colonel for life. Members have trackside participation and post-Derby barbeques and fall race days at historic Churchill Downs. Every year, The Honorable Order of Kentucky Colonels, utilizing contributions from individual Colonels from all over the world, provides financial support to Kentucky charitable and educational institutions and organizations.
Bill operated and owned several restaurants.
'The Bungalow' in Hazelgreen
The beach adolescents preferred Bills Drive-In and then the Surf Maid when it opened, Surf Maid Drive-In on Beach Boulevard was known for its hamburgers, fries, and cherry Cokes.
Bill brought Ed Kinlaw's drive-in called 'Ed's Eat' in May 1946. Located at 120 3rd Avenue North (the southwest corner with Second Street North). Ray Purdy had owned it as "Ray’s Eats" and then Fred Blas bought it and name it "Fred’s Eats."
And converted it into Bills Drive-In. Mize would do more than change the name to Bill’s Drive-In and Restaurant. He expanded it into a full-scale restaurant with two dining rooms and more drive-in space. It became a popular, middle-range establishment.
Bills Drive-In
Bill's Main Dining Room
Bill's Second Dining Room
The business quickly grew in popularity. Until the Surf Maid Drive-in was built on Beach Boulevard, it was the hangout for Fletcher Junior-Senior High School students. Mize participated full in the civic life of the community, even using his flying ability to land on the beach as Santa Claus. He prospered. The success of Bill’s Drive-In encouraged him to buy the Crosby house in 1954 and convert it to a fine restaurant, Le Chateau, in Atlantic Beach, located on the Florida ocean front, great for a classy evening. In 1956, he added an ocean front dining room. The courtyard became an integral part of the restaurant where guests could be seated on special occasions.
William Mize had 'Bill's Boiler' a steak house in Jacksonville Beach
~ Le Chateau in Atlantic Beach ~
Sitting on the ocean front at 39 & 7th Street in Atlantic Beach, Florida from 1954 to 1959 Le Chateau restaurant and bar was elegant. Silk brocade billowing on the ceiling of the main dining room provided beauty and mystery. Breathtaking! Well-spaced chandeliers punctured the cloth. A large window overlooked the sea with lights at night so diners could see the waves while sitting at well-appointed tables. Delicious food prepared and served by an excellent staff satisfied the eye as well as the palate. The patio at the entrance alerted patrons that this was no ordinary place. The upstairs was originally living quarters, but eventually became a banquet room reached by a staircase with wrought iron rails.
Le Chateau Post Card in Atlantic Beach
Late 1950's - The Wishing Well Benefit
1957~Up For Sell (Bill sold it in 1959)
Preben Johansen, a Danish immigrant who arrived in the United States in 1948, bought it in 1959. Johansen and his wife, Nina Hazelhurst, had met in Munich, Germany after World War II. He was working as a translator for the U. S. Army; she worked there as a stenographer for the U. S. government for a year, plenty of time to fall in love. She went home but missed him so much that she returned to Europe and they married. In the late 1940s, the United States economy was booming, so Johansen and his American bride moved to Florida. The Johansens made Le Chateau even finer before and after Hurricane Dora demolished much of the restaurant in September, 1964. The Greek statue, La Dora, stood In the center of the tiled patio. Her beauty was highlighted by carefully placed plantings. Eventually, a piano bar was built adjacent to the patio. He hired Gene Nordan to play in the new piano bar from 1970 until it closed in 1983 and he attracted customers including such visiting luminaries as Liberace, Barry Goldwater, Betty Grable, Jane Russell, Mamie Van Doren, Victor Borge, Prince Andrew, David and Julie Eisenhower, and Taylor Caldwell. He and the bar (named La Dora Lounge in 1965) passed into legend.
1950's, William Mize & the First Free Flight In a Lite Plane
William Mize as Santa, with possible Mayor Of Jacksonville Beach
William Mize, Forester Wilkerson, Bill Bull, Harcourt Bull, Jr. (Vultee BT-13)
Photo by Virgil Deane Courtesy of the Beaches Museum & History Park
A 1953 photo of William Mize landing a Vultee BT-13 at Harcourt Bull Airport
Richard Bull Airport, 1950, it depicted the field as having a 2,000' unpaved runway. The airport was owned by Harcourt Bull of Atlantic Beach, a well known local businessman, active in real estate development. The Aeronca was put together in a bicycle shop with frame welding being done there & completed at the airport. Much of the work was done by Forrester 'Wilkie' Wilkinson an A&E mechanic, who for a time during the mid & late 1950s lived on the airport with his wife & children. The runway at Bull Airport had evidently been lengthened at some point between 1954-56, as the July 1956 Jacksonville Sectional Chart (courtesy of Chris Kennedy) depicted the field as having a 3,000' unpaved runway. The owner was listed as RCRS Corporation, the operator as Harcourt Bull Jr., and the manager as W.T. Brant. The field offered fuel & minor repairs, and it was said to be home to 4 single-engine aircraft.
Harcourt Bull Airport runway
William & Evelyn sharing toys with children
1964 Hurricane Dora destorys the Le Chateau Restaurant
Main Dining Room Ceiling
1964 Hurricane Dora destorys the Le Chateau Restaurant
1964 Hurricane Dora destorys the Le Chateau Restaurant
1964 Hurricane Dora destorys the Le Chateau Restaurant
The indomitable Dane rebuilt with the aid of the United States government disaster loan. It took a year. Johansen was not quite 37 years old with a wife and four children (Kathy, Preban, Jr., Kit, and Jennifer). Le Chateau provided the family with a good income and would again. He had purchased the Homestead restaurant on Beach Boulevard in 1962 from Alpha O. Paynter not many months before she died at age 75. So he had income during the year of rebuilding and modernizing. When it reopened, customers were thrilled with what the Johansens had done. The dining room was larger, a new bar adjoined the glass-enclosed patio with La Dora at the center, and a banquet room built on the second floor, reachable by an attractive staircase.
Le Chateau postcard with Gene Nordan at the piano
Le Chateau prospered. Nina began teaching the young cooks her salad and dessert recipe. Kathy managed the restaurant from 1971-1983; Benny, as Preban, Jr. was called, co-managed and served as maître d'. Jennifer worked as hostess and cashier in 1981-82, and Kit worked summers during high school and college. Johansen was active in community life, serving as a commissioner for the City of Atlantic Beach (which named a park after him) and, after consolidation in 1968, as a District One Council member in Jacksonville, 1971-79. He had been elected City Commissioner of Atlantic Beach in October, 1981. He died on September 13, 1982, a little over a month before his 56th birthday. He had been the heart and soul of the restaurant. None of his children wanted to take on the restaurant and Nina soon decided that someone else should be given the chance. She sold it to ten investors in December, 1982 but they lacked the savvy to operate a fine restaurant and declared bankruptcy in June, 1984. Nina bought the property back from the bankruptcy court in 1985. Her efforts to find a restaurateur to operate or buy it failed. Life at the beach had changed and it was off the beaten path. So she sold it to Dan Crisp who leveled it to build a ten-unit condo complex called Le Chateau Condominiums, preserving the name of the restaurant.
Name: Mize, William Oldham
Date Of Death: August 20, 1915 Time: 8:00 PM
Place Of Death: Hazel Green, Wolfe County, KY
Residence: Wolfe County, Kentucky
Gender: Male
Race: W
Age: 71
Marital Status: Married
Spouse: Mize, Lou Cockrell
Date Of Birth: September 22, 1844
Place Of Birth: Independence, Missouri
Mother's Name: Oldham, Mariam
Mother's Birth: Clark County, Kentucky
Father's Name: Mize, John A.
Father's Birth: Irvine, Kentucky
Cause Of Death: Unavailable
Hospital: None Listed
SS Number: None
Occupation: Retired Merchant
Funeral Home: Henry H. Hall, Winchester, KY
Doctor: Taylor Center, MD, Hazel Gr
Coroner: None Listed
Informant: Carl Mize, Hazel Green, KY
Date Of Burial: August 22, 1915
Place Of Burial: Hazel Green Cemetery, Wolfe County, Kentucky
Date Recorded: Unavailable
Source Of Record: Kentucky Death Certificate
Certificate No.: 20842
Mize-Buchanan Home
160 State Street, Hazel Green, KY 41332
Take step back into history with this unique home built in 1878 for Senator William O. Mize. (For a complete history, go to the Documents section of this website.)
This beautiful solid brick 2-story home has many of the original features intact, such as trim, doors, moldings, hardware, shutters, flooring, etc. yet has central heat and air, new shingles, new guttering, completely recently repainted soffits and trim, repainted and glazed windows.
The first floor has a large living room with bay window, parlor with bay window, bedroom, large dining room, kitchen with breakfast area and bath. Each room has a fireplace(non-operative). The entry way and dining room have decorative hardwood flooring with a herringbone pattern and other patterns. A one-of-a-kind stairway leads to the second floor which has 4 bedrooms, each with a fireplace. The foundation is cut stone, ceilings are 11', baseboards 11", 13" interior walls, large covered front porch, blacktop driveway, storage shed, county water, natural gas and septic system.
A tranquil setting among mature trees and 35 acres, with approximately 7 acres pasture and remainder in woodland, which has not been timbered since the 1940's. All mineral rights are included.
Truly a property steeped in history and tradition that deserves your viewing.
ROGER BUCHANAN ESTATE
PERSONAL PROPERTY
Antique 3-piece dining room set with 6’ table, 6 chairs, buffet and glass front china cabinet; Antique side chairs; Several old trunks; Antique 7’ wardrobe; Quilt rack; 4 cane bottom chairs; Glassware; Kitchen utensils and cookware; Old bottles; Antique corner cabinet with glass doors; Antique glass front display case; Antique beds; Antique tables; Rocking chairs; Walnut dresser with mirror and marble-top; Oak secretary with glass doors; Antique wardrobes; Figurines; Lamps; Prints; 26’ millstone; Whirlpool washer and dryer; Folding table; Kitchen table; Old alarm clocks; Old print of Governor Goebel; Antique oak map box, very unusual; Sofa; Armchairs; Glassware; Several antique dressers and chests; Many other miscellaneous items. A very nice selection of antique furniture.
Mize Family
One of the Founders of Hazel Green Academy
May 4, 1967: Mixon vs Mize
Appeal from the Circuit Court, Duval County, Tyrie A. Boyer, J.
Humphries Moore, Jacksonville, for appellant.
Sistrunk Kaler, Jacksonville, for appellee.
WIGGINTON, Judge.
Appellant has appealed a final decree awarding her custody of an illegitimate child born to her out of wedlock, and granting appellee visitation rights as the putative father of the child.
Appellant, an unmarried woman and the mother of three children born of a previous marriage, entered into a meretricious relationship with appellee at a time when he was married to another woman. As a result of this relationship, appellant gave birth to the illegitimate child involved in this proceeding. Appellee acknowledged himself to be the father of the child, paid all of the expenses incident to its birth and has provided ample financial support for the child during the entire period of his life. Appellant and appellee cohabited together during the period of their meretricious relationship, being separated only on those occasions when one or the other was away on a trip. The chancellor found that appellee was fully as good a father to the child as appellant was a mother. Appellee was the only father known to the child prior to the time the parties separated and appellant married another man.
Appellee brought this proceeding alleging that a common-law marriage was entered into between the parties shortly prior to their final separation, and praying that he be awarded a decree of divorce and custody of the illegitimate child of which he acknowledged himself to be the father. Appellant answered the complaint denying the existence of a common-law marriage between the parties, and praying that she be awarded the permanent custody of the child. By his decree the chancellor awarded custody to appellant mother with reasonable visitation privileges to appellee father. The decree requires appellee to pay weekly support money for the child until he becomes sui juris or self-sustaining, and further requires appellant to notify appellee in the event any proceedings are instituted to adopt the child. The decree further awarded appellee the right to visit with the child and have it with him at stated periods of time.
This litigation was bitterly contested by both parties, as is usually the custom in cases of this kind. The chancellor had the opportunity of observing the witnesses as they testified from the witness stand. By his memorandum opinion filed in the cause at the conclusion of the case, he found appellee to be a fit and proper person to have the custody of the child, but concluded that due to its illegitimacy, the weight of precedent required that its custody be awarded to its natural mother. The chancellor stated in his memorandum that he found appellant mother to be an attractive, mercenary, materialistic, calculating, conniving, and bewitching woman interested only in herself and those things which would serve her best interest. He further stated that he believed substantially all the testimony adduced by appellee father, and disbelieved most of the testimony adduced by appellant mother. He specifically found that it would not be detrimental to the best interest of the child for the father to have the right to visit him at reasonable periods of time, and that under the circumstances of the case justice required that the father be granted this privilege. The chancellor's reasons for requiring that the father be given notice of any proceedings instituted for the purpose of adopting his illegitimate son by another were that the father's appearance and the testimony he might give could be considered in determining whether the best interest of the child would be served by permitting its adoption by another. The chancellor further found the evidence to be insufficient to establish the common-law marriage as claimed by appellee.
It is appellant's position that since appellee is the putative father of her illegitimate child, he has no legal right either to custody of the child, or to the privilege of visiting with him. She contends that the chancellor abused his discretion in awarding appellee visitation rights, and asks that this part of the decree be reversed.
Although there is a paucity of judicial expression on this issue, the weight of authority in this country, and what appears to be the sounder view, amply supports the chancellor's ruling. The courts having occasion to pass upon this question appear to have uniformly held that where a putative father acknowledges his relationship to an illegitimate child, manifests a genuine interest in the child's welfare and provides it with support, such father should be granted the right to visit the child at reasonable times unless such visits are shown to be detrimental to the child's welfare. Nor do we agree that the chancellor abused his discretion in requiring appellant to notify appellee of the institution of any adoption proceedings concerning the child. In such proceeding appellee's testimony should be weighed by the court in determining whether the best interest of the child would be served if the court grants adoption to a third party. This requirement finds support in the law.
We have carefully considered appellee's cross-assignment of error directed to that portion of the decree appealed which finds the evidence to be insufficient to establish a common-law marriage between the parties. The evidence reveals that the separation of the parties herein occurred only eighteen days after the alleged common-law marriage was consummated, followed by the marriage of appellant to another man within approximately two weeks thereafter. Such a turn of events severely weakens, if it does not in fact destroy, the conclusion that the parties entered into a marriage agreement as contended for by appellee. It is an accepted principle of law prevailing in this state that a relationship meretricious in its inception is presumed to continue, and the burden rests on the one claiming that the relationship evolved into a common-law marriage to establish the metamorphosis from concubinage to marriage.
We find support both in the evidence and in the law for that phase of the decree denying appellee's prayer for divorce. Appellee having failed to clearly demonstrate error, the cross-assignment of error is rejected and the decree appealed is affirmed.
RAWLS, C.J., and CARROLL, DONARD K., J., concur.
ChazzCreations
PO BOX 1909
POST FALLS, ID 83877