Theodore Umstead’s Secret

Theodore Umstead’s death in 1910 revealed a twenty-five year old secret.

Theodore Umstead (1846-1910) was a well-known resident of New Philadelphia’s West End, a cabinet maker who served as a private in the 12th Ohio Volunteer Cavalry during the Civil War. He lived a seemingly quiet life until his death on February 27, 1910, at the age of 63 due to heart trouble and asthma. At the time of his passing, his newspaper obituary noted that he was survived by his wife, Elizabeth Shear (1853-1944). Theodore was buried in East Avenue Cemetery in New Philadelphia.

The peace following Theodore’s burial was short-lived as a secret began to unravel. Just days after the funeral, Theodore’s brother informed Elizabeth Shear that Theodore had been married once before. Though Elizabeth Shear initially refused to believe the story of her husband’s “alleged duplicity,” she soon learned that a woman named Elizabeth Conn Umstead from Doylestown, in Wayne County, Ohio, claimed to be the first and only legal Mrs. Theodore Umstead.

Elizabeth Conn married Theodore in Canton, Ohio on November 21, 1880, after the death of her first husband. She came forward in June 1910 to seek the administration of his estate, explaining that she had remained silent for twenty-five years to protect her daughter from public scandal. Investigations soon confirmed her story; records in Stark County showed the 1880 marriage but revealed no evidence that a divorce was ever granted. Elizabeth Conn alleged that Theodore had deserted her in 1883 after she refused to let him open a saloon on her property.

In June 1886, Theodore secured a marriage license to wed Elizabeth Shear by swearing a false oath that he had no living wife. For the next twenty-four years, he maintained a respected reputation in New Philadelphia with his second wife. while his first wife, Elizabeth Conn, lived in Doylestown. The lack of a divorce meant his second marriage was technically bigamous and legally void, a devastating blow to Elizabeth Shear, who initially was “firm in the belief of her husband’s innocence” until the evidence became undeniable.

The conflict moved to the county’s probate court where both women fought for control of the Umstead estate. After hearing testimony, the judge ruled in favor of Elizabeth Conn, granting her the letters of administration. This decision had immediate financial consequences for Elizabeth Shear; her application for a government pension was dropped after the pension department was notified of the first wife’s existence. In a final attempt to secure funds, Elizabeth Shear’s attorney filed a counter-claim of $2,400 against the estate for her years of “service” as a housekeeper and nurse.

While the scandal captivated the public for a short time in 1910, the lives of those involved eventually moved on. Elizabeth Shear remained a resident of New Philadelphia for many years before moving to Cleveland to live with her daughter. She lived to the age of 90, passing away in February 1944 and outliving Theodore by more than thirty years. Theodore’s legacy remained tied to his post-death secret that revealed his long-hidden history of bigamy and his original marriage to Elizabeth Conn.

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© Noel B. Poirier, 2025.