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