'He believed in witchcraft' -- the bequest of John Fulbright

John Fulbright came to Southeast Missouri with his parents, John and Barbara (Baker) Fulbright around 1820. The family settled along Apple Creek on the Cape Girardeau-Perry County line. The elder John died at age 41 in January 1824.

John, his mother, and brother William lived in Perry County, and gradually purchased land totaling 235 acres. After the death of his brother and mother, John lived alone for 16 years before his own death. John Fulbright made a will, leaving small amounts of money to a deceased sister and brother, and $50 and $100, respectively, to two surviving sisters. The balance of his property he gave to Perry County.

Upon learning of the bequest, his heirs sued to have his will put aside, claiming he was of unsound mind. They filed suit in Perry County, the suit moved to Cape Girardeau County by mutual agreement, and the Circuit Court upheld the will. The heirs appealed to the Missouri Supreme Court, asserting he was of unsound mind, and a county could not take land under the provisions of a will. The suit appears in case reports as Fulbright v. Perry County.

Testimony to the Supreme Court reveals much about John Fulbright. He had been an eccentric character all his life, and believed in witchcraft. Many referred to him as "Fool John Fulbright," but he was for many years a moneylender, could calculate interest well despite limited education, and accumulated land and other property. Dr. A.L. Wilson, his physician, testified he was mentally sound, although weak, at the time he made the will. William Bingenheimer and John H. Schaefer witnessed the will, and attested to his sound mind. His farm was fallow the last two years of his life, but maintained as well as his health allowed.

Bingenheimer and Schaefer urged Fulbright to will his property to his relatives, but his initial wish was to will it to the American Tract Society, a group that published and distributed Christian literature. However, at Schaefer's suggestion, Fulbright willed the property to Perry County. The Supreme Court ruled that while Fulbright was eccentric, he was of sound mind, and case law supported the ability of counties to act as corporate bodies and receive property.

Perry County was grateful for Fulbright's bequest. He lies at rest near his parents, in the Wilson Cemetery near Oak Ridge in Cape Girardeau County (burial ground of Apple Creek Baptist Church). Marking his grave is a large monument paid for by Perry County and inscribed, "Erected by Perry County, Mo., in memory of John Fulbright, died Oct. 5, 1894, aged about 75 years. "

As to John Fulbright's belief in witchcraft, it might be prudent to be alert if you happen to be near Apple Creek next week!