Sunday, September 23, 2012

Step Third Cousins

Is there such a thing as a step third cousin?  Well, I found one.  Her great great grandmother was married to my great great grandfather.  We both descend from previous marriages.

My great great grandfather, Herman Lutter, remarried to a woman named Emma.  This was discovered when viewing the 1920 census.
1920 United States Federal Census
58 Hunter Street, Newark, Essex County, New Jersey
Ancestry.com

Herman was “single” in the 1910 census.  A search of New Jersey marriage records from 1910 through 1920 produced a marriage certificate in 1915 of Herman Lutter to Emma Neubauer, widow of Grieser.
Marriage record
Herman Lutter to Emma Neubauer
March 2, 1915 in Newark, Essex County, New Jersey
Via microfilm at New Jersey State Archives

This marriage was also an unhappy one for Herman.  He filed for divorce from Emma in 1923 and relocated to Spring Lake in Monmouth County, New Jersey.

Red Bank Register online
Monmouth County, New Jersey

 
Neubauer was not an unfamiliar name in my research of Herman Lutter.  Lutter v. Neubauer (100 N.J.L. 17; 125 A. 113) was a precedent-setting legal case in mental health decided June 17, 1924.  Herman Lutter sued Albert Neubauer for room and board and won by default.  Rose Seipel, administratrix of Albert’s estate, appealed and won.  Herman appealed and lost.  The Court held, “[A]lthough an insane person may be sued at law for an alleged debt, his incapacity requires that he be protected . . .”  I thought it was strange that someone owed Herman for room and board when Herman himself was always renting a room.
1917 City Directory for Newark, Essex County, New Jersey
Fold3.com
Note that Herman Lutter was rooming at 58 Hunter.
In the 1920 census, he was still renting at this address.
 
Herman died weeks after the court's decision on July 3, 1924, before his divorce to Emma was complete.  Herman’s death certificate listed Fairmount Cemetery in Newark as the burial place.  Research of this cemetery’s records failed to locate any records of Herman’s burial.  I searched at the New Jersey State Archives through the 1930s for a death certificate for Emma, but found none.

Then I remembered that the court’s opinion contained the date of death of the defendant, Albert Neubauer:  October 13, 1921 at the Newark City Almshouse.  With a date, the death certificate was easy to locate at the Archives.

Via microfilm at New Jersey State Archives
 

Albert was buried at Fairmount Cemetery, where Herman was supposed to be buried.  Returning to Fairmount, I located Albert’s record.  Burials are not organized in strict alphabetical order, but rather in chronological order based on the first few letters of the surname.  Having a date of death ensures a more accurate search.  Albert was buried October 15, 1921 in Section L, Lot 51. 
Fairmount Cemetery
Newark, Essex County, New Jersey
Burial log for surname Ne* 1916-1936

Looking up the plot card, we find that the owner was Schmidt.  Without knowing this surname, we needed the date of death of someone else in the plot to locate the record.  Emma Lutter was buried in this plot on December 18, 1946.  This is why I did not locate her death certificate- I had not looked in the 1940s- yet.  Louis Grieser was buried in this plot on February 1, 1906.  No gravestones are in this location.

Fairmount Cemetery
Plot card for Section L, Lot 51
 
Using these dates of death, I looked for these people online in hopes of ascertaining their relationships.  A great great granddaughter of Emma had posted the tree online with photographs!  Emma, Albert, and Rose were siblings.  Louis was Emma’s first husband.

Neubauer siblings
Emma married Herman Lutter.
Rose married Henry Seipel.
Herman Lutter sued Albert Neubauer and Rose appealed the case.
 
The Neubauer family does not have any pictures of Herman Lutter.  I  would not blame Emma if she tore them up.  I am glad that I clarified the relationships of these people and can associate faces with the names.