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
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
James Addison McFall and Radie Maria Harman
Flora Belle McFall and Daniel Franklin Joseph
James McFall Joseph and Lucy Leora Clemmer