Augusta Co. VA Chancery Cause 1906-105: Radie McFall’s Children vs. Hamilton B. McFall

McFall Siblings Sell the Farm

Transcription:

Irvine, Clara, et als

v.

McFall, H B. et als.

                        To Clara D. Irvine and H.S. Irvine, her husband, Flora B. Bolen, Kinzer Ritchcreek and F.A. Ritchcreek, her husband, Paul D.  McFall and Lacy H. McFall and H.H. Kerr, Guardian ad litem for the infant defendants in the above styled cause:-

T A K E N O T I C E:-  That on Saturday, the 1^st day of February 1902, at Lexington, Virginia, the undersigned, Special Commissioners, appointed by decree of December the 13^th 1901 in said cause to sell certain lands in the proceedings mentioned in said cause, shall move to the Honorable S.H. Letcher, Judge of said Court, for a vacation decree, confirming a sale made on the 23^rd day of January 1902 by said Commissioners to N.F. Long of a tract of 97 acres, 2 roods and 2 poles, (less 2 acres), of land mentioned and described in said proceedings and belonging to the heirs-at-law of Radie McFall, deceased, for the gross sum of Two Thousand Dollars ($2,000.00), one Thousand Dollars ($1,000.00) of which is to be paid on the day said sale is confirmed and the balance to be paid in three equal annual instalments of $333.33 1/3 each, to be evidenced by the bonds of the purchased with approved personal security, the title to the property to be retained as ultimate security.

                       

                        Given under our hands this 25^th of January 1902.

Special Commissioners.                             W.H. Landes

                                                                    H.H. Blease

Legal and timely service of the within notice is hereby acknowledged by us.

Clara D. Irvine                                              F. A. Richcreek

H. S. Irvine                                                   P. D. McFall

Flora B. Bolen                                              Lacy H. McFall

L. Kinzer Richcreek                                      H.H. Kerr Guardian ad Litem

                                                                           For Paul D. & Lacy H. McFall

 Chancery Suit Index 1906-105 Clara D Irvine & c vs H B McFall & c

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.

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

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 2^nd 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 2^nd 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

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 2^nd 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