Estate of GL Moberly
A few notes: When transcribing old documents, I have made no attempt to correct spelling errors. The same Petition was attached to both of these Summons. All of my notes are in italics. This page contains, Summons, Petitions, Answers, See Editor's Notes for Judgment information.
Summons
#1
State of Missouri
County of Clay
The State of Missouri, to the Sheriff of the County of Clay, Greeting: YOU ARE HEREBY COMMANDED TO SUMMON William H. Smith, guardian of Roland Moberly, a person of unsound mind, and James A. Brown administrator, de bonis non, of the estate of G.L. Moberly, deceased, (impleaded with Roland Moberly),- that they be and appear before the Judge of our Clay Circuit Court, at the Court house in the City of Liberty in the County of Clay and State of Missouri, on the first day of the next regular term thereof, to be holden on the second Monday in June, A.D. 1916, it being the 12th day of said month, to answer the petition of Lavina Medows Moberly and others, - and have you then and there this writ.
Witness, Robert Don Carlos, Clerk of said Court, with the seal thereof hereto affixed, at office in the City of Liberty in said County, on this 12th day of April, A.D. 1916.
Summons
#2
State of Missouri
County of Clay
The State of Missouri, to the Sheriff of the County of Buchanan. Greeting: YOU ARE HEREBY COMMANDED TO SUMMON Roland Moberly, (impleaded with William H. Smith, guardian of Roland Moberly, a person of unsound mind, and James A. Brown, Administrator, de bonis non, of the estate of G.L. Moberly, deceased.),- that he be and appear before the Judge of our Clay Circuit Court, at the Court house in the City of Liberty in the County of Clay and State of Missouri, on the first day of the next regular term thereof, to be holden on the second Monday in June, A.D. 1916, it being the 12th day of said month, to answer the petition of Lavina Medows Moberly and others, - and have you then and there this writ.
Witness, Robert Don Carlos, Clerk of said Court, with the seal thereof hereto affixed, at office in the City of Liberty in said County, on this 12th day of April, A.D. 1916.
Editor's
Note: de bonis non, refers to situations where an estate is abandoned by an
administrator only partially administered and someone must be appointed to
complete the administration of the residue of the estate; those assets not yet
administered.
IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI. June Term 1916.
Lavina Medows Moberly, Oscar E. Moberly, Lela A. Weakley, Walter Weakley, Maggie M. Brown, Ralph G. Moberly, Beula F. Tabor, Earl Tabor, Artie Carter and Hugh F. Carter, Plaintiffd,
against
Roland Moberly, William H. Smith, guardian of Roland Moberly, a person of unsound mind, and James A. Brown, administrator, de bonis non, of the estate of G.L. Moberly, deceased. Defendants.
Plaintiffs, for a cause of action against defendants, state that G. L. Moberly died intestate, on the 18th day of July, 1915, seized and possessed, in fee simple, of the following described real estate, situate, lying and being in the Counties of Clay and Clinton in the State of Missouri, to wit:
Editor's Note: Intestate, referring to a situation where a person dies without leaving a valid will
A part of sections 5 and 8, in township No. 53, range No. 30, described as follows: Beginning at the south east corner of the southwest quarter of the south east quarter of said section No. 5, thence north 6.40 chains, thence west 29.40 chains, thence south 6.40 chains, to a point in the section line, 9.80 chains west of the quarter section corner between said sections No. 5 ans 8, thence down a certain branch and with the meanders thereof south 25-3/4( east 9.00 chains, thence south 14 1/2( east 5.32 chains, thence south 9( west 3.70 chains, thence south 1 1/2( east 2.64 chains to the beginning; containing 60.4 acres; Also 80 acres, the north half of the north east quarter of section No. 34, township No. 54, range No. 30; Also 40 acres, the north west quarter of section No. 35, township No. 54, range No. 30 and all situate in Clay County, Missouri.
Also, 80 acres, the south half of the north west quarter of section No. 27, township No. 54, range No. 30; Also 80 acres, the north half of the north west quarter of section No. 27. township No. 54, range No. 30, all situate in Clinton County, Missouri.
Plaintiffs further state that the said G. L. Moberly left surviving him a widow, Lavina Medows Moberly, a plaintiff herein, and that he left, as his sole heirs, the following, and none other, to wit: Oscar E. Moberly, a son, Lela A. Weakley, a daughter, Maggie A. Brown, a daughter, Ralph G. Moberly, a son, Beula F. Tabor, a daughter, Artie, M. Carter, a daughter, all of whom are plaintiffs herein, and Roland Moberly, a son, who is a defendant herein.
Plaintiffs further state that the said G. L. Moberly died while a resident of Clay County, Missouri; that letters of administration, de bonis non, were granted on the estate of said G. L. Moberly, deceased, by the Probate Court of Clay County, Missouri, on the 5th day of April, 1916, to James A. Brown; that said estate is now in process of administration, and that there is now in the hands of said administrator more than sufficient personal property to pay all the debts and liabilities of said decedent and all costs and expenses of administration.
Plaintiffs further state that the said Lavina Medows Moberly, the widow of the said G.L. Moberly, who has children of by such husband living, did, on the 5th day of April, 1916, by declaration in writing, acknowledge before an officer authorized to take the acknowledgement of deeds and filed for record in the office of the recorder of deeds of Clay County, Missouri, elect to be andowed absolutely in a share of all lands where of her husband, the said G.L. Moberly, died seized, equal to the share of a child of such deceased husband.
Plaintiffs further state that the rights and interests of the parties hereto in the real estate above described are as follows, to wit: Lavina Medows Moberly, Oscar E. Moberly, Lela A. Moberly Weakley, Maggie M. Brown, Ralph G. Moberly, Beulah F. Tabor and Artie M. Carter, and the defendant, Roland Moberly, are each entitled to an undivided one eighth interest in and to said real estate.
Plaintiffs further state that the plaintiff, Walter Weakley is the husband of the plaintiff, Lela A. Weakley, the plaintiff Earl Tabor in the husband of the plaintiff Beulah Tabor and the plaintiff Hugh F. Carter is the husband of the plaintiff Artie M. Carter, and that the said Walter Weakley, Earl Tabor and Hugh F. Carter have no other interest in said real estate.
Plaintiffs further state that the defenant, Roland Moberly, is a person of unsound mond, and that William H. Smith was on the 4th day of October, 1915, regularly appointed as guardian for said Roland Moberly, by the Probate Court of Clay County, Missouri, and that he is now the regularly appointed, qualified and acting guardian of said Roland Moberly.
Plaintiffs further state that the plaintiff, Lela A. Weakley, is indebted to the estate of said G. L. Moberly, deceased, on a certain promissory note now held by the aministrator de bonis non of said estate, dated March 1st, 1906, by which she promised, one year after date to pay to the order of said G. L. Moberly the sum of two thousand dollars with five oer cent interest per annum from date until paid, and on which note appear credits as follows: March 1st, 1907 $100; March 1st, 1908 $100; March 1st, 1909 $100; March 1st, 1910 $200; March 1st, 1911 $200; March 1st, 1912 $200; March 1st, 1913 $200; March 1st, 1914 $200; and March 1st, 1916, $100.
Plaintiffs further state that the plaintiff, Artie M. Carter, is indebted to the estate of said G. L. Moberly, deceased, on a certain promissory note now held by the aministrator de bonis non of said estate, dated March 1st, 1906, by which she promised, one year after date to pay to the order if said G. L. Moberly the sum of two thousand dollars with five per cent interest per annum from date until paid, and on which note appear credits as follows: March 1st, 1908 $100; March 1st, 1909 $100; March 1st, 1910 $100; March 1st, 1911 $100; March 1st, 1914 $300; and March 1st, 1916, $100.
Plaintiffs further state that the parties hereto are the only persons having or claiming any interest in and to the real estate herein described; that the parties hereto are now in possession of said real estate, and that they own no other real estate in the State of Missouri as tenants in common.
Plaintiffs further state that on account of the nature and quantity of the real estate above described and the number of interests therein, the same cannot be divided in kind without great prejudice to the persons interested therein.
Wherefore plaintiffs pray the court that the rights and interests of the parties hereto in the real estate herein described be ascertained and declared; that the court render its judgment for the partition of said real estate among the parties hereto according to their several rights and interests as ascertained and declared by the court; that partition there of be made without the appointment of Commissioners for that purpose, and for that purpose that the court order the respective Sheriffs of the Counties of Clay and Clinton, aforesaid, to sell the real estate situate in their respective counties in accordance with the law in such cases made and provided; that the interest of such of the parties hereto as are indebted to the estate of G. L. Moberly, deceased, as above set out be subject to the payment of such indebtedness, and that the remainder no the proceeds of such sale be divided among the parties hereto according to their respective rights and interests as declared by the court, and for all other and further relief as to the court may seem just and proper.
Ralph Hughes
Attoerney for Plaintiffs.
State of Missouri,
County of Clay
I, Robert Don Carlos, Clerk of the Circuit Court within and for the county of Clay, in the Seventh Judicial Circuit of the State of Missouri, do hereby certify that the foregoing is a true copy of the original Petition in the cause therein stated, as fully as the same remains on file in my said office.
Given under my hand and the seal of said court, at the city of Liberty in the said county of Clay, on this 12th day of April, A.D. 1916
Robert Don Carlos (signed), Clerk
Answer #1: Corresponds with Summons #1
IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI, June Term, 1916
Lavina Medows Moberly, et al. Plaintiffs
against No. 7737
Roland Moberly, et al. yes Defendants
Now comes William H. Smith, guardian of Roland Moberly, a person of unsound mind, one of the defendants herein, and for his answer to plaintiffs petition states that so far as he has been able to apprehend, the facts set forth in said petition are true, and the said guardian asks that the interests of his said ward be in all things protected by the court.
William H. Smith, Guardian of Roland Moberly, a person of unsound mind.
By Martin E. Lawson (signed) His Attorney.
Answer #2: Corresponds with Summons #2
IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI, June Term, 1916
Lavina Medows Moberly, et al. Plaintiffs
against No. 7737
Roland Moberly, et al. Defendants
Now comes James A. Brown, administrator, de bonis non, of the estate of G. L. Moberly, deceased, one of the defendants herein, and for his answer to plaintiffs petition, says that the matter set forth in said petition are true to the best of his knowledge and belief, and said administrator asks that the amounts due on the notes of Lela A. Weakley and Artie M. Carter, described in said petition, be paid, out of their share of the proceeds of the said land, to the administrator.
James A. Brown, Administrator, de bonis non, of the estate of G. L. Moberly, deceased,
By Martin E. Lawson (signed) His Attorney.
Editor's Note: Normally this is were I would transcribe the Judgment, however, I either did not make copies of it, or it was not included in the file. However, it is reasonable to assume that the Plaintiffs got what they asked for as I have copies of the "Report of Sale" filed by each Sheriff of Clinton and Clay Counties. I will transcribe them and add to the web page at a later date.