Tuesday, May 30, 2017

Maddox Farm Divvied Up Between Ham McFall and the Nieces and Nephews, Chancery Cause 1906-105, Augusta Co., VA



Last week I told you about my McFall family and their role in an Augusta County, Virginia Chancery Cause. I introduced you to the relatives in “The McFall’s and Chancery Cause 1906-105, Augusta Co. VA”.

Plaintiffs, Heirs, and Children of Radie McFall and James A. McFall:

   Clara (nee McFall) Irvine, wife of Howard S. Irvine
   Flora (nee McFall) Bolen
   Kinzer McFall
   Paul McFall
   Lacy McFall

Defendant:

   Hamilton B. McFall, Brother-in-law to Radie McFall and Uncle to the McFall Heirs

You can see what Uncle Hamilton McFall had to say about it in blog post “H. B. McFall Answers Radie McFall’s Heirs Chancery Cause 1906-105, Augusta Co. VA”.

H. B. McFall paid $3,136 for the Maddox farm as an investment for himself and sister-in-law, Radie McFall (while Radie was still living). A few years after Grandmother Radie passed, the McFall children initiated a Chancery Cause to claim their share of her estate in 1894.

Uncle Hamilton offered to have the 298-acre farm divided by the Court Commissioners and then execute a deed to the McFall children for one-half of the farm. Commissioner Henry W. Holt thought this was a fine solution and recommended this action April 24, 1897.

May 12, 1897, Commissioners Hugh Baxter, A. C. Blair and W. A. Obaugh partitioned the farm although not as expected.

The Commissioners assigned ninety-seven acres, two roods, and two poles of the Maddox farm to Radie’s children--Clara (McFall) Irvine, Flora (McFall) Bolen, Kinzer McFall, Paul McFall and Lacy McFall. As you can see from the plats below, their lot (No. 1) included the mansion house.

The Commissioners designated Lots No. 2 and No. 3 to Hamilton B. McFall. Lot No. 2 contained 74 acres and Lot No. 3 130 acres--a total of 204 acres assigned to Uncle Ham.

 Chancery Cause 1906-105, Augusta Co., VA


 Chancery Cause 1906-105, Augusta Co., VA

Timber on the land belonging to Radie’s heirs needed to be cut and sold, so the Commissioners appointed Howard S. Irvine a Special Receiver to dispose of the timber. The money raised would be used to pay for court costs.

More to come

To see the complete chancery record visit the Library of Virginia website at http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=015-1906-105

My Line
James Addison McFall and Radie Maria Harman
Flora Belle McFall and Daniel Franklin Joseph
James McFall Joseph and Lucy Leora Clemmer
My Father
Myself

Friday, May 26, 2017

H. B. McFall Answers Radie McFall’s Heirs Chancery Cause 1906-105, Augusta Co., VA



Earlier this week I posted The McFall’s and Chancery Cause 1906-105, Augusta Co., VA introducing the chancery cause initiated by my Great Grandmother Flora Belle McFall and her siblings versus their Uncle Hamilton McFall March 30, 1894. Their father, James Addison McFall, died in 1887 and mother, Radie Maria Harman, passed May 10, 1890.

The only McFall child over the age of 21 years was Clara Dean (McFall) Irvine. The other siblings were still minors. That’s why Clara and her husband, Howard Irvine, petitioned the Circuit Court of Augusta Co., VA on behalf of the heirs of 2nd Great Grandmother Radie McFall. They wanted the Court to help them determine what each child was entitled to from their mother’s estate.

On July 10, 1894, it became Henry W. Holt’s responsibility to prepare an accounting of Grandmother Radie McFall’s estate. Several years passed. April 24, 1897, Chancery Commissioner Henry W. Holt submitted a report to the Honorable William McLaughlin, Judge of the Augusta Co., VA Circuit Court.

After taking a deposition from Uncle Hamilton B. McFall, Commissioner Holt learned Radie and her children had been the recipients of a $3,000 life insurance policy. It’s likely 2nd Great Grandfather James A. McFall was the policy owner. He’d been sick for some time and might have anticipated his death (April 7, 1887). A life insurance policy would provide for his family after his death.

Grandmother Radie made Uncle Ham her agent and put the $3,000 in his care. Under Radie’s direction and during her lifetime, Hamilton spent $2,400 of the money. $1,600 of that $2,400 was payment for the Maddux Farm leaving $600 jointly owned by Grandmother and the McFall children. Since then, Uncle Hamilton McFall collected an additional $248.78 that had been Radie McFall’s individual property.

Uncle Ham said the funds that came into his hands totaled $848.78. He stated he spent more caring for his nieces and nephews than he received. The adult parties involved in the chancery cause confirmed his account.

While Grandmother Radie was alive, she invested $1,600 in the Maddux Farm. Uncle Hamilton paid $3,136 for the farm and was willing to have the farm divided by the Court Commissioners executing a deed to the McFall children for one-half of the farm. This remedy was satisfactory to all, and Commissioner Holt recommended this action.

Chancery Cause 1906-105, Augusta Co., VA  Clara D. Irvine & others vs. H. B. McFall & others


Chancery Cause 1906-105, Augusta Co., VA  Clara D. Irvine & others vs. H. B. McFall & others
Chancery Cause 1906-105, Augusta Co., VA
Clara D. Irvine & others vs. H. B. McFall & others

Stay tuned for the next development in the suit.

To see the complete chancery record visit the Library of Virginia website at http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=015-1906-105

My Line
James Addison McFall and Radie Maria Harman
Flora Belle McFall and Daniel Franklin Joseph
James McFall Joseph and Lucy Leora Clemmer
My Father
Myself

Tuesday, May 23, 2017

The McFall’s and Chancery Cause 1906-105, Augusta Co., VA



My McFall ancestry begins with Great Grandmother Flora Belle born August 1, 1875, in North River, Augusta County, Virginia. Great Grandmother’s parents were James Addison McFall and Radie Maria Harman. Her father, James, died a young man, age 39, in April of 1887. Just three years later, she lost her mother on May 10, 1890.  Consumption was the cause of death for both.

Five children survived 2nd Great Grandmother Radie McFall: Clara Dean, Flora Belle, Elizabeth Kinzer, Paul Duvall and Lacy Hamilton. When Radie McFall passed, Clara had already married Howard Irvine. The other children were all under the age of eighteen.

The chancery cause I want to tell you about today is “Clara D. Irvine & others vs. H. B. McFall & others”. Its174 pages long and the proceedings began at the Circuit Court of Augusta County, Virginia March 30, 1894.

Augusta County VA Chancery Cause 1906-105 Clara D Irvine & c vs H. B. McFall & c

As you probably guessed, these folks were kin. Clara D. McFall and husband Howard Irvine represented her brothers and sisters in the suit. Although over the age of 14 years, Flora Belle, Kinzer and Paul were infants in the eyes of the Court. The youngest brother, Lacy, was not yet 14 years old.

H. B. McFall was Hamilton Bell McFall, an Uncle to the children. While Radie McFall was living, she gave $800 to her brother-in-law, H. B. McFall, as part payment on a piece of land known as the Maddox property containing about 300 acres. The title was in Uncle Hamilton’s name. He acted as Grandmother Radie’s personal representative. Clara stated in the bill of complaint significant amounts of money and proceeds from her mother’s personal property went to Uncle.

After Grandmother Radie had died, H. B. McFall became the administrator of his sister-in-law’s estate.

Now we get to the crux of the chancery cause. Uncle Hamilton never prepared any proper accounting or settlement of Grandmother Radie’s monies. She’s been dead four years, and the McFall heirs want the Court to intercede so they can find out how much each is entitled to from her estate. They request guardians be appointed for the minor children and seek an accounting of Radie McFall’s estate.

Augusta County VA Chancery Cause 1906-105 Clara D Irvine & c vs H. B. McFall & c

Keep visiting—more details coming soon.

To see the complete chancery record visit the Library of Virginia website at http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=015-1906-105

My Line
James Addison McFall and Radie Maria Harman
Flora Belle McFall and Daniel Franklin Joseph
James McFall Joseph and Lucy Leora Clemmer
My Father
Myself