A sole trader is a legal designation, historically and presently used in some U.S. states (including California in the 19th century), for a married woman who has obtained court approval to conduct business independently of her husband, controlling her own earnings and property as if she were unmarried. This status was significant before married women’s property acts fully removed legal restrictions on their economic rights, and court petitions or recorded declarations of sole trader status can appear in county records, often naming the woman, her husband, the type of business, and the date of authorization—making them useful for genealogical research.
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In the Superior Court of the County of San Mateo, State of California
In the matter of the application of Mary Callan to become a Sole Trader
The application of Mary Callan, wife of Michael Callan, coming on regularly to be heard this 26th day of October 1897, and proof having been first made to the satisfaction of the Court that notice in due form and substance of petitioner’s intention to make this application has been duly published in the Redwood City Democrat, a newspaper published and circulated in said County of San Mateo, State of California, for four (4) successive weeks immediately prior to the time fixed for the hearing of said application, and no creditors of said petitioner or of her husband, having filed any written opposition to her application or appeared to oppose the same, the Court proceeded to hear the allegations of said applicant’s petition and proofs offered and submitted by said applicant in support of said application and petition, and said applicant appearing in open Court in person and having been fully sworn and examined under oath as required by law, and after hearing said applicant’s proofs, it duly appearing to the satisfaction of the Court
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that a proper cause exists for granting the relief, and that said applicant has been a bona fide resident of said County of San Mateo for more than six (6) months next preceding the filing and making of her said application herein, and it duly appearing also to the Court that said applicant, more than ten (10) days prior to the day fixed in said notice for the hearing of said application, had filed therein a verified petition as required by law and which said verified petition set forth and contained the matters and things required by law, and it further appearing that said applicant did this day make and file with the Clerk of this Court the affidavit and oath required by law, the Court now here finds the same to be true in fact and in accordance therewith.
1st. That said application has been made in manner and form and to enable the said applicant to support herself, her husband Michael Callan, and others dependent upon her, said minor children now residing with herself and her said husband in said County of San Mateo, whose names and ages are as follows, to wit: John Callan, aged 15 years; Peter Callan, aged 19 years; Margaret Callan, aged 15 years; and Thomas Callan, aged 7 years.
2nd. That the reasons of needing support from her said husband and the causes thereof are as follows, to wit: Said Michael Callan, the
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husband of said Mary Callan, is a man of dissolute habits and has been for many years past addicted to the constant use of intoxicating drinks, which same has disqualified him and does disqualify him the greater portion of his time from in anywise attending to business. That in addition thereto said Michael Callan has been ill tempered and is ill tempered, and has had no desire, and has no desire to provide for his family, and in fact has prevented this applicant, and said minor children from having access to places of business where there might on his name or creditobtain food clothes or other necessaries of life. That said Michael Callan is physically infirm, and in consequence of his dissipated habits, is to a great extent a charge upon the said applicant and said children, rather than a support for them.
3rd. That said applicant, upon two several and different occasions within the last five years, has commenced actions against said Michael Callan for the purpose of procuring decrees of divorce, that upon both of said occasions said actions lapsed and were not prosecuted to final judgment, for the reason that said Michael Callan promised to mend his ways and provide for the family, and in consequence of his
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age as well and his general infirmity of mind and body, and in addition and in consequence of the wishes and desires of her children, said actions were allowed to lapse as aforesaid and no new cause of action has since arisen or occurred which would justify the said applicant in commencing an action for divorce.
4th. That the nature of the business proposed to be carried in and conducted by said applicant is that of farming, and the raising, buying and selling of hogs, cattle, horses, poultry, and all kinds of livestock in the County of San Mateo, State of California.
5th. That said applicant is the owner in her own right of the following described personal property, which applicant proposes to invest in the said business to be carried on by her as aforesaid, and which assets will constitute her capital stock and capital, to wit: 140 head of hogs of the value of $400.00; 100 chickens of the value of about $40.00; two dozen ducks of the value of about $7.00; her geese of the value of about $2.00, one cow and calf of the value of about $30.00. That all of said personal property lastly described is the separate property of said applicant, right and title to which by her from the proceeds of the sale of property she procured before her marriage
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of buying said property by and with the consent of her said husband, which same he consented should be, and the same became her separate property.
6th. That said applicant and her husband, at the time of the filing of said application, owned jointly and in community property some 13 head of horses, 2 swill wagons, 2 lumber wagons, 1 buggy, 5 double sets of harness, and 70 head of hogs; also one cow and one calf, a crop of growing potatoes; that of said community property said applicant proposes to use in the business proposed to be carried on as a sole trader a sum derived from said community property not exceeding in value $500.00, or in lieu thereof the following described of such community property, to wit: four <4> head of horses, to wit: “Belle,” “Queen,” “Mike,” and “Jim,” estimated to be worth in all the sum of $200.00; harnesses for said horses, estimated to be worth $50.00; one swill wagon, estimated to be worth $30.00; one lumber wagon, estimated to be worth $30.00; one lumber wagon, estimated to be worth $50.00; one colt now on Silva’s ranch, estimated to be worth $50, four sows and their little pigs, estimated to be worth $60.
Now, therefore, by virtue of the law and the premises and
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in consideration of the said application and the proofs and facts as aforesaid, it is hereby ordered, adjudged, and decreed that the said Mary Callan is hereby authorized and empowered to carry on, in her own name and on her own account, as a sole trader, the business specified in said notice and petition, as follows, to wit: farming and the raising, buying, and selling of horses, cattle, hogs, poultry, and all kinds of livestock in the County of San Mateo, State of California. And it is further ordered, adjudged, and decreed that the said applicant be, and she is hereby, authorized to invest in the said business, by her to be carried on as such sole trader, the property described in paragraph 6 of said petition belonging to herself and her husband Michael Callan, to wit: the horses named “Belle,” “Queen,” “Mike,” and “Jim”; necessary harness for all of said horses; one swill wagon; one lumber wagon; one colt now or formerly on Silva’s Ranch, and four sows with their little sucking pigs.
Done in vhen? Court this 26th day of October 1897.
Geo. H. Buck,
Judge of said Superior Court
Filed October 26th, 1897
J. F. Johnston, Clerk
by H. W. Schaberg, Deputy Clerk
State of California }
County of San Mateo } ss.
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J. F. Johnston, County Clerk of the County of San Mateo, State of California, and ex officio Clerk of the Superior Court of said County, do hereby certify the foregoing to be a full, true, and correct copy of the original Decree and Order granting application of Mary Callan to become a sole trader in the within entitled matter as the same appears on file and of record in this office.
Witness my hand and the seal of said Court this 26th day of October A.D. 1897.
J. F. Johnston, Clerk
By H. W. Schaberg, Deputy Clerk
In the Superior Court of the County of San Mateo, State of California
Affidavit of Mary Callan
In the Matter of the application of Mary Callan
to become a Sole Trader.
State of California }
County of San Mateo } ss.
I, Mary Callan, do in the presence of Almighty God solemnly swear that said application was made in good faith, for the purpose of enabling me to support myself, my husband Michael Callan, my minor children, to wit: John Callan, aged 15 years, Peter Callan, aged 19 years, Margaret Callan, aged 15 years, and Thomas Callan, aged 7 years, and not with a view to defraud, delay, or hinder any creditor or creditors of my husband, and
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that of the money so to be used by me in business, not more than five hundred <500> dollars have come either directly or indirectly from my husband.
So help me God.
Mary X Callan
Witness to signature of Mary Callan: Edw. F. Fitzpatrick, who wrote name at her request, she making her said mark.
Subscribed and sworn before me this 26th day of October, 1897.
Edw. F. Fitzpatrick
Notary Public
Filed October 26th, 1897
J. F. Johnston, Clerk
By H. W. Schaberg, Deputy Clerk
State of California }
County of San Mateo } ss.
I, J. F. Johnston, County Clerk of the County of San Mateo, State of California, and ex officio Clerk of the Superior Court of said County, do hereby certify the foregoing to be a full, true, and correct copy of the original affidavit and oath of Mary Callan in the within entitled matter as the same appears on file in this office.
Witness my hand and the seal of said Court this 26th day of October 1897.
J. F. Johnston, Clerk
By H. W. Schaberg, Deputy Clerk
A true copy of a certified copy as on original recorded at the request of Edw. F. Fitzpatrick Oct. 26th, 1897, at 7:45 A.M.
