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Osroe Warren LOWELL

Male 1866 - 1937  (70 years)

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  • Name Osroe Warren LOWELL 
    Born 20 Aug 1866  Farmington, Franklin, Maine, USA Find all individuals with events at this location 
    Gender Male 
    Died Apr 1937  Denver, Denver, Colorado, USA Find all individuals with events at this location 
    • "No issue.
      He is a hardware merchant. Res. Idaho Springs, Col."

      At the time of the 1880 census, is living with mother in Newport, Maine.

      1894 Marriage Record: State of New Jersey
      Full Name of Husband: Osroe W. Lowell
      Place of Residence: Waltham, Mass.
      Age: 27 yrs.
      First Marriage
      Occupation: Lumber Dealer
      Country of Birth: America
      Name of Father: William F. Lowell, Country of Birth: America
      Maiden Name of Mother: Clara H. Peterson, Country of Birth: America
      Full Maiden Name of Wife: Effie R. Griner
      Place of Residence: Millville, Cumberland County
      Age, nearest birthday: 23
      First Marriage
      Name of Father: Nicholai Griner, Country of Birth, America
      Maiden Name of Mother: Harriett R. Reed, Country of Birth: America
      Date of Marriage: Jan. 17th 1894
      Marriage Place: Millville City

      From "Semi-Centennial History of the State of Colorado", by Jerome Smley, published 1913, p. 147:
      "Osroe W. Lowell, who has come to be the leading hardware mer-
      chant, doing an extensive business at Idaho Springs, Colorado, is a native
      of Farmington, Maine, born August 20, 1866. His parents were Benjamin
      Franklin and Clara L. (Peterson) Lowell, both natives of Maine, their an-
      cestors settling in 1639 in America and being identified with the early
      history of the country. The paternal grandfather took an active part in
      the Revolutionary struggle. The father of Osroe W. was a prominent
      man of public affairs, having represented his district in the legislature for
      a number of terms. He died in 1876. Lowell, Massachusetts, that great
      American manufacturing center, was named for one of the ancestors of
      this family.

      Osroe W. Lowell, attended the high school of Waltham, and the
      Bryant & Stratton Business College, at Boston. When eighteen years of
      age, he entered the employ of John H. Pray Sons & Co., wholesale dealers
      in carpets. He continued with this house ten years and in 1896, came
      to Colorado, locating first, at Blackhawk, where he engaged in the hard-
      ware trade. In 1898 he removed to Idaho Springs, where he purchased
      a hardware stock, which trade he has been connected with ever since. To-
      day he is ranked as among the leaders in trade in his city.

      Mr. Lowell has served as alderman for Idaho Springs for five years,
      last past and has taken much interest in local affairs, and in the support of
      the Republican party. He is one of the directors of the Merchants and
      Miners National Bank, of Idaho Springs. Among other enterprises with
      which he has been identified, since coming to Colorado, may be named his
      various mining interests, which have proven quite profitable to him. He is
      affiliated with the Elks, Lodge Xo. 607, at Idaho Springs, of which he
      was a charter member and has served as treasurer since the date of its
      organization, July, 1900. He also holds membership with the Knights
      of Pythias and Woodmen of the World. With his brother, B. F. Lowell,
      he operates four hardware stores in Colorado Springs and other points.

      He was united in marriage in 1894, to Effie Griner, a daughter of
      Nicholas Griner, of Millville, New Jersey. One daughter was born of this
      union : Martha."

      1900 Census: Colorado, Clear Creek County, 12 Precinct West Cliff:
      Lowell, Osroe W., head, born Aug 1866, age 33, married for 6 years, born in Maine, father and mother born in Maine, hardware merchant;
      Effie R., his wife, born June 1870, age 29, married for 6 years, has no children, born in New Jersey, father and mother born in New Jersey;
      Gustafson, Augusta, their servant, born Oct. 1883, age 16, single, born in Colorado, father and mother born in Sweden.

      1910 Census: Colorado: Clear Creek; Idaho Springs:
      Lowell, O.W., roomer, 45, married for 17 years (?), born in ME, father born in ME, mother born in ?, hardware merchant.

      1915 New York State Census: Hempstead, Nassau, New York
      King, Harold C., head, 31, born in England, salesman;
      Emma Griner, wife, 29. born in U.S., housework;
      Edmund Harrison, son, 4, born in the U.S.;
      Osroe W. Lowell, brother-in-law, 47, manufacturer of soaps;
      Martha Phillip Lowell, niece, 10, born in the U.S., school.

      New York, New York Marriage Index:
      Name: Osroe W. Lowell
      Gender: Male
      Marriage Date: 26 Nov 1915
      Marriage Place: Manhattan, New York, USA
      Spouse: Harriette B. Gould
      Certificate No. 28452

      1920 Census: Colorado, Denver, Denver:
      Lowell, Osroe W., head, rents, 45, married, born in ME, father and mother born in US, packing salesman;
      Helen, wife, 44, married, born in MA, father born in Norway?, mother born in MA, no occupation.

      1930 Census: Colorado: Denver: Denver:
      Lowell, Osroe W. head, 57, married, first married at age 25, born in ME, father and mother born in ME, salesman, rubber;
      Harriette H, wife, 55, first married at age 20, born in MA, father born in VT, mother born in MA, no occupation.

      1930 U.S. Census: Salt Lake City, Salt Lake Utah:
      Lowell Osroe W., lodger, 57, married, first married at age 22, born in Maine, father and mother born in Maine, salesman, rubber belting;
      Harriette, wife, 55, married, first married at age 23, born in Massachusetts, father born in Vermont, mother born in Massachusetts, no occupation.

      Denver City Directories for 1922 list wife as "Helen".
      Denver City Directories for 1923-1931, 1934-1937 list wife as "Helen H."
      Denver City Directory for 1937 lists "Helen H., wid. of Osroe W.)
      Denver City Directory for 1932 lists "Harriette H."

      "Eisenhardt v. Lowell
      Supreme Court of Colorado
      January 29, 1940


      Error to County Court, City and County of Denver; C. Edgar Kettering, Judge.

      Proceeding by Myrtle M. Eisenhardt, as assignee of Effie G. Arnett, against Harriette H. Lowell, as executrix of the estate of O. W. Lowell, also known as Osroe W. Lowell, deceased, to have one-half of certain stock listed as an asset of deceased's estate. To review an unsatisfactory judgment, plaintiff brings error and applies for supersedeas.


      [105 Colo. 419]William A. Bryans and Albert J. Gould, both of Denver, for plaintiff in error.

      Miss Mary F. Lathrop and Miss Gunhild I. Ness, both of Denver, for defendant in error.

      KNOUS, Justice.

      The county court having concluded that the decedent's widow, as survivor of a joint tenancy with her husband therein, was the sole owner of 200 shares of the common stock of The Great Western Sugar Company, denied the petition of plaintiff in error, as a creditor of the deceased husband's estate, which otherwise was insolvent, to have one-half of the said stock listed as an asset thereof. Plaintiff in error seeks a reversal of the judgment below upon the ground that no estate in joint tenancy in the said stock ever was created. Although inferentially suggested by arguments of counsel for plaintiff in error, neither the record nor the nature of the proceeding permits inquiry into, or conclusion upon, the question of whether the genesis of the challenged tenure renders it vulnerable to attack as being fraudulent against creditors. We, therefore, confine our discussion and decision to the single issue submitted.

      When the joint tenancy, if there was such, had its inception and the survivorship arose, if ever, there was no statute in Colorado directly pertinent to joint tenancies in corporate stocks. Subsequently to the happening of these alleged events the general assembly enacted, and the governor approved, laws relating to joint tenancies in personal property of the type involved in this proceeding, chapter 186, S.L.1937; chapter 87, S.L.1939, under the terms of which there could be little room to question the validity of the joint tenancy here asserted. Notwithstanding and without considering [105 Colo. 420] the retroactive effect of these statutes to joint tenancies existing at the time of their enactment, it seems certain that in no event can they have application to a situation where, as here, the alleged survivorship already had occurred at the time of their passage. 33 C.J. p. 902. As analogously pertinent, see 14 Am.Jur. p. 85, § 13. However, and notwithstanding the presumption against joint estates, it is well settled in Colorado that independently of statutory authorization, joint tenancies, with the incident of survivorship, may obtain as to personal property. Miller v. American Bank & Trust Co., 71 Colo. 346, 206 P. 796. This is the general rule in practically all jurisdictions. 14 Am.Jur. p. 81, § 10; 33 C.J. p. 906, § 8.

      The certificates in question recite that Harriette H. Lowell, (the widow) and Osroe W. Lowell (her deceased husband) 'as joint tenants with right of survivorship and not as tenants in common' are the owners of the stock represented thereby. These quoted words, meeting, as they do, even the strict requirements of our statute relating to the creation of a joint tenancy in real estate, '35 C. S. A. c. 40, § 4, adopted as the technical criterion of sufficiency
      as relating to both real and personal property in Estate of Kwatkowski, 94 Colo. 222, 29 P.2d 639, amply proclaim a joint tenancy and upon their face the certificates must be considered as accomplishing that result. While tacitly recognizing this situation, the plaintiff in error contends that here the evidence discloses certain deficiencies and obstacles which legally preclude the creation or existence of the joint tenancy. The record discloses that in 1928 The Great Western Sugar Company issued two certificates each for 100 shares of its common capital stock to Osroe W. Lowell individually. There is nothing in the record suggesting that this stock was purchased by Mr. Lowell other than with his own funds. Early in the month of December, 1936, at his home, Mr. Lowell, who was in poor health, requested Mr. Ralph E. Smith, sales manager for Earl M. Scanlon & Company, dealers in investment[105 Colo. 421] securities, with whom he was well acquainted, to effect a transfer of the stock in question to Mr. and Mrs. Lowell as joint tenants. Mr. Lowell then affixed his signature, the genuineness of which is not challenged, to the blank assignments appearing on the reverse of the certificates and delivered them to Mr. Smith, who carried them to his office and there requested another employee of the company to attend to the details of the projected transfer. The latter employee, in the name of Earl M. Scanlon & Company, by appropriate endorsement guaranteed the signature of Mr. Lowell on the assignments and transmitted the certificates to The Great Western Sugar Company with written request for transfer to Mr. and Mrs. Lowell in joint tenancy. The official of the latter company in charge of its stock transfers inserted in the blanks of the printed assignment the names of Mr. and Mrs. Lowell as transferees, the number of shares, the date, added his name and another in the power of attorney clause and following the name of the transferees stamped the words 'as joint tenants with right of survivorship and not as tenants in common.' The new certificates then were issued in this form and returned to Scanlon & Company. Thereafter Mr. Smith delivered the new joint tenancy certificates to Mr. Lowell at his home, at which time the latter signed a receipt therefor. Mr. Lowell died in April, 1937, and after his death the joint tenancy certificates were found in his safety deposit box. Mrs. Lowell was not present at the time of the conversation between her husband and Mr. Smith and the record contains no intimation that she knew of the questioned transaction until after his death.

      As procedurally precluding the creation of a joint tenancy the plaintiff in error relies upon the circumstances that when Mr. Lowell affixed his signature to the assignments, the blanks therein were not filled in and that neither the clerk guaranteeing his signature thereon nor the agent making the transfer saw him sign or knew that he had, nor had either personal directions [105 Colo. 422] from his as to the identity of the transferees or the tenure by which they were to hold. No authorities are cited in support of this theory. If it be considered, as plaintiff in error assumes, that the joint tenancy depended upon the sufficiency of the assignments and the transfer of the original certificates, the contention is without merit. Whatever the infirmities, if any there were, in the complex machinery of accomplishment, the result, as evidenced by the new certificates delivered to Mr. Lowell, was in precise accord with his initially expressed intention and his action in accepting, receipting for and retaining them amounted to a ratification of the acts of the various agents engaged in the process. If, on the other hand, where, as here, there is no evidence of fraud, undue influence or mental deficiency, the unequivocal declarations of the new certificates are taken as prima facie disclosing the apparent intention of Mr. Lowell to create a joint estate and the formalities attendant to the transfer of the old certificates are viewed as being identical, the same result is attained, since no proof was offered rebutting this expressed intent although, no statute precluding, evidence with relation thereto would be admissible. Houle v. McMillan, 83 Colo. 216, 263 P. 409.

      Plaintiff in error next asserts, and this without reference to intent to create, that the alleged joint tenure must fail because there was no delivery to Mrs. Lowell of the new certificates which, after their issuance and until her husband's death, appear to have remained in his possession.

      In the field of reported cases those most analogous to the proceeding Before us relate to questions of survivorship in bank deposits in the name of a deceased depositor and another. These cases, multitudinous in number and diverse as to conclusion, are assembled and expertly commented upon in annotations in L.R.A.1917C, 550; Annotated Cases, 1916D, 520, and 48 A.L.R. 189. In cases where, as here, the personalty in question originally[105 Colo. 423] belonged to the decedent, and there is no claim of a valuable consideration for the creation of the alleged joint estate, some courts regard the right of the survivor to the property to be established if there was a clear intent to create a condition embracing the essential elements of a joint estate. Typical of this line of authorities are: Erwin v. Felter, 283 Ill. 36, 119 N.E. 926, L.R.A.1918E, 776; Chippendale v. North Adams Savings Bank, 222 Mass. 499, 111 N.E. 371; New Jersey Title G. & T. Co. v. Archibald, 91 N.J.Eq. 82, 108 A. 434; Deal's Adm'r v. Merchants' & Mechanics Savings Bank, 120 Va. 297, 91 S.E. 135, L.R.A.1917C, 548. Generally, the courts have held that the title of the survivor must rest upon a gift or trust. In First Nat. Bank v. Mulich, 83 Colo. 518, 266 P. 1110, a joint tenancy in a bank deposit with right of survivorship was sustained on the premise of a gift in praesenti though enjoyment by the donee was postponed. In that case, as here, the alleged donor in the first instance was the sole owner of the personalty involved; also analogously the claimed joint tenancy was created by the sole act of the donor without the payment of valuable consideration by the donee beneficiary. There it was held that the donor's use of the word 'joint' in the following written directions to the bank: 'I hereby request that my checking account be made joint with my brother * * * for him to check on only in case of my death,' established that the transfer of a present interest was intended and that the rest of the writing sufficiently proclaimed a joint tenancy. In the case at bar Mr. Lowell's intent to so create was unequivocally apparent and there can be no doubt that the new certificates by their terms disclosed a present vested interest in the stock in Mrs. Lowell even though the right of enjoyment to the whole thereof was postponed. In the Mulich case delivery of the writing to the bank was declared to be a good delivery. By this criterion, independently of the added factor of receipt by Mr. Lowell, as a joint tenant, the lodging with The Great Western [105 Colo. 424] Sugar Company of the old certificates endorsed as they were, and the request for the new in joint tenancy form and their issuance so, constituted a sufficient delivery to sustain the gift. As relating to the effect of the receipt of the securities by Mr. Lowell it may be observed that in the well considered case of Estate of Staver, 218 Wis. 114, 260 N.W. 655, it was held that delivery to a depositor of deposit certificates payable to depositor and a third person jointly, created legal ownership in both of such joint payees directly and further delivery of the certificates to such third person was unnecessary to entitle him thereto by right of survivorship. This case was followed and the same rule applied as to securities in Central Wisconsin Trust Co. v. Schumacher, 230 Wis. 591, 284 N.W. 562. Proceeding upon a somewhat similar theory the Supreme Court of Utah in Holt v. Bayles, 85 Utah 364, 39 P.2d 715, held that the delivery of a bank pass book evidencing a joint tenancy to one of the joint depositors, constituted delivery to both. Obviously, the delivery having been sufficient, possession thereafter was of minor consequence. If not a proper matter of presumption from the fact of benefit without burden, the assent of, and acceptance by, the donee through her conduct appears as clearly here as in the Mulich case. We must therefore conclude that plaintiff in error's objections grounded upon the alleged lack of delivery and subsequent possession must be resolved against her in view of our pronouncements in the above discussed case of First Nat. Bank v. Mulich, supra. As to these points, the same result would attain if the theory of contract for benefit of third party, approved as the alternative ground for affirmance in the Mulich case, be applied in the case at bar.

      Upon the assumption that a joint tenancy cannot be created by a conveyance by the owner of the property to himself and another, plaintiff in error finally contends that such tenure could not result here. As previously stated the joint tenancy in the case at bar had [105 Colo. 425] for its basis a valid gift inter vivos as well as the contract evidenced by the new certificates under which The Great Western Sugar Company became obligated to the extent thereby disclosed to both donor and donee and the survivorship did not rest upon conveyance or transfer. Even in the latter class of cases there is a sharp difference of opinion as to whether a joint tenancy can be created by grant by an owner to himself and another. 'One view is that unity of title and unity of time are lacking in the estate created in the two grantees and
      therefore a tenancy in common results. Other cases, however, take the view that a joint estate may be thus created where the intention to create is clear.' 14 Am.Jur. p. 83, § 11. Cases on this subject are collected in an annotation in 62 A.L.R., page 514. Failing to perceive any particular necessity for circuitous conveyance through a dummy from the owner to the intended joint tenants, we are inclined to favor the latter view, although, since it is unnecessary to a determination of the question here presented, we do not expressly so hold.

      We have carefully examined the other errors assigned, particularly those said to have arisen in connection with the degree of credibility to be accorded the testimony of one of the witnesses for Mrs. Lowell, and are satisfied that they are without merit. No helpful purpose would be served by their discussion.

      The judgment is affirmed."

      No SSDI record located.

      U.S., Social Security Applications and Claims Index, 1936-2007
      Name: Osroe Warren Lowell
      SSN: 149105684
      Gender: Male
      Race: While
      Birth Date: 20 Aug 1872
      Birth Place: Cheetville [sic], Maine
      Father Name: William F. Lowell
      Mother Name: Clara Peterson
      Type of Claim: Original SSN
      Notes: 17 Nov 1983: Name listed as OSROE WARREN LOWELL

      From the Denver Post, Tuesday, 20 Apr 1937:
      Osroe W. Lowell, late of 1896 S. Clarkson; beloved husband of Helen Lowell; uncle of J. R. Lowell of Colorado Springs. Services from the Hazard mortuary Thursday, 2 p.m. Private cremation."

      From the Rocky Mountain News, Wednesday, 21 Apr 1937:
      "LOWELL --
      Osroe W. Lowell, late of 1896 S. Clarkson; beloved husband of Helen Lowell; uncle of J. R. Lowell of Colorado Springs. Services from the Hazared Mortuary Thursday, 2 p.m. Private cremation." [1]
    Person ID I294  Lowell&Block
    Last Modified 2 Oct 2015 

    Father William Franklin “Frank” LOWELL,   b. 17 Feb 1828, Chesterville, Franklin, Maine, USA Find all individuals with events at this location,   d. 12 Jan 1878, Newport, Penobscot, Maine, USA Find all individuals with events at this location  (Age 49 years) 
    Mother Clarinda “Clara” Helen PETERSON,   b. 30 May 1831, New Portland, Somerset, Maine, USA Find all individuals with events at this location,   d. 19 Aug 1899, Colorado Springs, El Paso, Colorado, USA Find all individuals with events at this location  (Age 68 years) 
    Married 12 Oct 1854  Chesterville, Franklin, Maine, USA Find all individuals with events at this location 
    Family ID F99  Group Sheet  |  Family Chart

    Family 1 Effie Ross GRINER,   b. 10 Jun 1870, Bridgeton, Cumberland, New Jersey, USA Find all individuals with events at this location,   d. 13 Nov 1947, Los Angeles, Los Angeles, California, USA Find all individuals with events at this location  (Age 77 years) 
    Married 17 Jan 1894  Millville, Cumberland, New Jersey, USA Find all individuals with events at this location 
    Divorced 9 Apr 1913  Colorado Springs, El Paso, Colorado, USA Find all individuals with events at this location 
     1. Martha Phillis LOWELL,   b. 23 Feb 1905, Colorado, USA Find all individuals with events at this location,   d. 29 Mar 1988, Santa Rosa, Sonoma, California, USA Find all individuals with events at this location  (Age 83 years)
    Last Modified 27 Aug 2015 
    Family ID F100  Group Sheet  |  Family Chart

    Family 2 Harriette B. GOULD,   b. 23 Aug 1869, Hyde Park, Suffolk, Massachusetts, USA Find all individuals with events at this location,   d. 15 Oct 1954, Denver, Denver, Colorado, USA Find all individuals with events at this location  (Age 85 years) 
    Married 26 Nov 1915  Manhattan (New York Co.), New York City, New York, USA Find all individuals with events at this location 
    Last Modified 2 Oct 2015 
    Family ID F1952  Group Sheet  |  Family Chart

  • Event Map
    Link to Google MapsBorn - 20 Aug 1866 - Farmington, Franklin, Maine, USA Link to Google Earth
    Link to Google MapsMarried - 17 Jan 1894 - Millville, Cumberland, New Jersey, USA Link to Google Earth
    Link to Google MapsDivorced - 9 Apr 1913 - Colorado Springs, El Paso, Colorado, USA Link to Google Earth
    Link to Google MapsMarried - 26 Nov 1915 - Manhattan (New York Co.), New York City, New York, USA Link to Google Earth
    Link to Google MapsDied - Apr 1937 - Denver, Denver, Colorado, USA Link to Google Earth
     = Link to Google Earth 

  • Sources 
    1. [S4] Historic Genealogy of the Lowells of America from 1639 to 1899., Lowell, Delmar R., (Tuttle Company, Rutland, Vt., 1899).