Married by William B. Senter Min.
!MARRIAGE:Claim of Heirs of E. Devin, deceased, against
Est. J.B. Devin, deceased: Petition, Claim of Heirs of E.
Devin, deceased, against Est. J.B. Devin, deceased:
Petition, Morrow County Court House, [page
1]
In the County Court
of Morrow County
Oregon
In the Matter of the
Est. of J.B.
Devin,
deceased
Claim of
Heirs of E. Devin,
deceaded,
against
Est. J.B. Devin,
deceased
Petition
Filed Dec 6th
1886
C.L Andrews
Co clerk
Geo. Wm.
Wright
Atty for Claimants
[page
2]
In the County Court of Morrow County
State
of Oregon
In the matter of the Estate of
J. B.
Devin, deceased
Claim of Heirs of El-
vira Devin,
deceased
Against
Estate of J.B. Devin
deceased
||
|| Petition
||
To the
Honorable William Mitch-
ell, County Judge of Morrow
County
State of Oregon:-
Comes [nezd] Margarett
D. Justice (nee Margarett D. Devin); Nathaniel
M.
Devin; Mifflin J. Devin; Katherine
F. Howe, nee
Katharine F. Devin); Smith
P. Devin; Irene J. Devin;
Elvira G. Devin;
and Joseph C. Devin, claimants herein,
and heirs of Elvira Devin deceased,
and by their
attorney, Geo. Wm Wright,
respectfully
sherve to the Honorable
Court above named the following
facts in connection with the claim
of the claimants
herein:--
I. That the Mother of Claimants
-heirs-
herein, was Elvira Devin,
first wife of J.B. Devin, and
that she
[page 3]
died in Polk County,
in the State
of Missouri on or about Jany. 30,
1882.
II. That said Elvira Devin, was a daughter
of Christian Pickle of said Polk County,
and as
heir and daughter drew from,
or recevied from the
estate of her
said Father (who died in Dec. 1881.)
Just prior to her death the said money
accounting
to about $1427.50
III. That she the said Elvira Devin
had
at ^all^ times full and exclusive possession
of
said sum of $1427.50 until her death
which occured
about said Jany. 30, 1882.
IV. That after the death
of the said
Elvira Devin, the said J.B. Devin
her
husband, took possession for the
first time of the
money and property of
his said deceased wife Elvira
Devin, of
the value of $1427.50, on or about Feby.
1, 1882, in trust, and to hold for
as the property
of, the said claimants
herein, the said heirs and
children
of said Elvira Devin, born to her and
her
said husband J.B. Devin, during
their marriage and
whose names
are herein before descrived and
men-
tioned.
V. That said J.B. Devin, after the
death
[page 4]
of his said wife Elvira
Devin, married
the second time in Polk Co. Mo. to
Belle ----, now Belle Devin and
moved to this State
on or about
April 8, 1884, and that he resided
in
this State until his death
in June 1886.
VI. That
he, the said J.B. Devin, fully
intened, and often
promised to pay
over the said moneys, to the said
claimants herein, in fulfilment
of the trust he
hand assurred, but
wholly neglected to pay said
sum
of $1427.50 or any part thereof
to the said claimants
-- heirs
of aforesaid -- or either of them.
VII.
That the said claimants herein
claim of and from the
estate
of J.B. Devin, deceased, and
are justly, &
^entitled^ the same as their in-
heritance from the
estate of
their deceased Mother, the sum
of
$1427.50 together with interest
thereon from Feby. 1,
1882, until
April 8, 1884 at 6% per annum and
with
interest on said sum of $1427.50
from April 8, 1884
until the pres-
ent time at 8% per annum, which
[page 5]
now amount to about
$1910.00
VII. That Belle Devin, has been
appoint-
ed Administratrix and M.J. Devin
Administrator, of the Extate of said
J.B. Devin,
deceade, by this Honor-
able Court, and having duly
qualified
are now administering upon the
Est. of
said deceased.
IX. That on Nov. 15th, 1886
Margarett
D. Justice, as one of the claimants -- herein
on her own, and on behalf of the other
claimants --
duly presented this said
claim of $1910.00 to M.J.
Devin said
Admr. and said claim was by said
Admr.
duly “Examined and approvedâ€
on said day, and the on
Dec. 2, 1886, This
claim was presented to said Belle
Devin said Admix. and was by her
“Examined and
rejected†on said day.
X. That said claimants
--claim-- more
fully describe and sworn & in their
ac-
count here to annexed and marked
Exhibit “A†and
made a part hereof is
Justly due these heirs and
claimants from
said estate of said J.B. Devin,
deceased
XI. That these Claimants-- now pray that
an order be made by this Court that
saim claim of
$1427.50 and Int. amounting
[page
6]
now to $1910.00 as present by said
claimants -- be allowed and approved
and that said
Administrator and
Administratirx pay out of the
moneys of the estate of J.B. Devin
deceased the
said sum of $1910.00
to said claimants --herein before
named
in equal shares -- taking thus
on their
guardian’s receipt therefor
and these claimants your
petitioners
herein, as in duty bound will
ever
pray.
Geo. Wm. WrightAtty. for claimant --
the
heirs of Elvira Devin deceased
State of
Oregon }
County of Morrow } SS B. Geo. Wm.
Wright
being first duly sworn say that I am
atty
for claimants in above claim
and that the facts therein
are true
as I verily believe, My sources of
in-
formation being from claimants and from
Mrs.
Belle Devin a party interested herein.
The reason that
this verification is not made
by me of the claimants --
is because neither one
of them are in town at this
time, and because the Claim
hereto attached is duly
verified. Geo. Wm. Wright.
Subscribed and
Sworn to before me this 6th day of
December
1886
C.L. Andrews Co Clerk
