Tragic Turns in the Ferry Family History

In Park City, Edward Payson (E.P.) Ferry is known for successful investments in local mines and an unpopular role in acquiring title to the land underlying Main Street and leasing it back to the people who had settled there.

Tolstoy tells us: “Every unhappy family is unhappy in its own way.” A broader view of the life of Edward and his family tells a tale of litigation, lunacy, and loss as convoluted and sorrowful as any Russian novel. Wealth that arose from the hills of Park City and Edward’s mental instability stirred contention that eventually wound its way to the U.S. Supreme Court.

Edward’s father, William Montague Ferry, founded a Presbyterian mission and evangelized among the Native Americans of northern Michigan in the 1820s and 1830s. Amidst his clerical duties, W.M. Ferry demonstrated business acumen, a trait he passed on to Edward and some of his brothers.  Together, the family ran a fleet of schooners, operated sawmills and iron works, and opened a bank, among other endeavors.

Tragedy stuck during the Civil War when brother Noah was killed leading Union troops at Gettysburg. Another sibling, William Jr., served with distinction at Vicksburg, while Thomas had an exemption from military service due to holding political office.

Edward also avoided service, due to the need for someone to run the family businesses and because of an 1862 gunshot wound in his right hand, which newspaper accounts depicted as accidental. Later events put this incident in a questionable light.

Rev. Ferry left a family trust upon his death in 1867. Edward was named executor.

In 1870, Edward married his second cousin, Clara Virginia White, and the two had five children, including W. Mont, future mayor of Salt Lake City.

Bouts of mental crisis followed in March and June 1877. Newspapers described Edward as experiencing an attack of “brain fever,” caused by “excessive mental labor and lack of sleep.” The family closed ranks, issuing a statement that reports of attempted suicide were “idle rumor.”

Tragedy struck again four years later in Park City. On a horseback ride returning from Shadow Lake in October 1881, Clara’s horse stumbled on a narrow path near the Climax mine. Clara fell, striking her head. Edward sprained his ankle trying to dismount. Paralyzed, she remained conscious as help reached them. She died on a stretcher by the time the rescue party reached Ferry’s Woodside Mine near King Road.

Over the next decade, Edward’s mind deteriorated further. By 1892, when he had a stay in an asylum, the Grand Haven (MI) Evening Tribune reported: “The many friends of Edward P. Ferry will feel sorry that he has again lost his mental balance. They will hope that he will recover as formerly and be the source he has ever been of help and good cheer to his fellow men.”

His business associate David Erwin took over his affairs. In 1901, Edward was hospitalized again, and his sons – W. Mont and Edward S. “Ned” – filed suit against Erwin in the spring. The suit claimed Erwin misused Edward’s assets (including Silver King Coalition mine stock) and had failed to provide an accounting. This suit was settled in the fall. In 1902, the sons had Edward declared incompetent, and assumed guardianship of his affairs.

In 1903, in ironic turnabout, Henry Hall (husband of Edward’s sister Amanda) filed suit in the Michigan courts. The suit asked 1) to remove Edward as administrator of the family trust, 2) enjoin the sons to provide an estate accounting, and 3) appoint the Michigan Trust Co. as administrator. One of the claims is that Edward did not provide an accounting to the family since 1870. A counterclaim was that they hadn’t asked for one!

The Michigan courts sided with the plaintiffs and determined that Edward had gained $1.2 million using family assets. The decision required Edward to reimburse the estate $915,000.

Legal ping pong ensued. Edward’s sons won appeals in Utah and Colorado. The case reached the U.S. Supreme Court, which in 1913 overruled the lower courts, siding with the Michigan judgment. The case set national precedent for family trust administration. In Justice Oliver Wendell Holmes, Jr’s words: “Jurisdiction is power, and the power of the Michigan court was not affected by the insanity of Ferry.”

In a final tragic turn, Ned Ferry shot himself shortly after the decision came down.

Edward survived until 1917, dying of a stroke in Los Angeles. The nature of his mental illness was never disclosed in detail, due perhaps to a family wall of silence. As Michigan history researcher Paul Trap notes, “We don’t know if Edward suffered from bipolar disorder, but he had moments of brilliance and of utter failure throughout his life.”

The Park City Museum is hosting a lecture called “Edward Ferry: Park City’s Capitalist,” given by Sandy Brumley and Michael O’Malley on Wednesday, May 22 from 5-6 p.m. held at the Museum’s Education and Collections Center located at 2079 Sidewinder Drive. The next FREE DAY at the Museum is on Saturday, May 18. Free Days are sponsored by the Summit County Restaurant Tax Grant Program.