Born on a farm in Howard County, Iowa, July 19, 1859. His father was one of the first settlers in northeastern Iowa and its first judge. Mr. Upton graduated from the University of Iowa in 1889 and was admitted to the bar the same year, and served as city and county attorney in Cresco, and as a member of the state senate during his residence there. He was married to Miss Eva Leland in Cresco in 1893, and they made their home there until 1907, when they moved to Spokane, Washington. Here Mr. Upton formed a partnership with the late Judge Hurn and they had their offices in the Hyde building until 1912, when he was appointed city attorney of Hillyard. He then moved to Hillyard, filling this position until Hillyard was annexed to Spokane. He was an active worker in the Westminster Congregational church and a member of the Masonic lodge and the Lions club. Mr. Upton died December 4, 1835, in Spokane, Washington.