Ayer vs. James
Suit to settle estates of Jane F and Clemens
James
The Case
| Document | Date | Description | | AyerVsJames_002 | 11-Jun-1883 | Deed of Trust - All parties transfer control of estate to Ira Ayer |
   
This Deed Made this eleventh day of
June in the year 1883 between Saml. R James and Grace W. his wife of
Schenectady, New York, John F. James of _______ in the State of Texas,
Christian Jourgenson and Emma C. his wife of the City of Brooklyn, State of
New York, Joseph H. France and Hannah F. his wife of Lowville in the State
of New York, Doctor M. James and Annie P. his wife of Arlington in the State
of Maryland and Ira Ayer, Jr. and Jennie J. his wife of Morristown in the
State of New Jersey, parties of the first part, and the said Ira Ayer, Jr.
of Morristown, New Jersey, party of the second part, witnesseth, that
in consideration of the sum of ten dollars the parties of the first part do
grant and convey unto said Ira Ayer, Jr. trustee, with general warranty, all
of the following two parcels of land, with all the improvements thereon,
both lying and being in the Town of Ashland, Hanover County,
Virginia and bounded as follows [towie]:
First, the
first of said lots of land is bounded on the North by a lot owned by Samuel
R. James and by the second lot herby conveyed and on the east by Rail Road
street, and the lot of Ira Ayer, Jr., on the south by the lot of said Ira
Ayer, Jr. and the lots of E. E. Lee trustee for Mrs. Clifton Lee, and the
lot occupied by W. C. Crenshaw & family, and on the west by the street
called James street, the said parcel of land contains about four and a half
acres more or less, and is the land whereon the late Mrs. Jane F. James
resided, and for which she died seized and possessed, and which on her death
[she dying intestate and unmarred] passed to the said Saml. R. James, John
F. James, Emma C. Jourgenson, Hannah F. France, Annie P. James, and Jennie
J. Aye as her sole heirs at law, they being her children and only heirs at
law, and
Second, the
second of said parcels of land is bounded on the North and west by the aforesaid
lot of Saml. R. James, and on the east by Rail Road street, and on the south by
the first mentioned lot of Mrs. Jane F. James deceased, and contains about one
half acre, more or less, and is the same parcel of land of which Clemens James
died seized and possessed and which upon his dying intestate, unmarried and
without issue descended to his mother the said Jane F. James, and his brothers
and sister above named, and upon the death as aforesaid of said Jane F. James
passed in fee simple to the aforesaid parties of the first part, above described
as heirs of said Jane F. James.
In trust nevertheless
for the following uses & purposes this is to say, that the said trustee
shall proceed with all convenient speed to make sale of the said Real estate
herby conveyed, either publically or privately as he may think best, and
upon such terms of cash or credit as he may think best, and out of the
proceeds of sale, he shall pay first all the expenses of the
execution of the trust including the fees for writing and recording this
deed, and the costs of said sale, and second, all the debts and
demands against the late Jane F. James, or her estate, according to their
legal priorities, if any, (including all the unpaid taxes upon the said
property) of which the said trustee shall have notice before finally
disposing of the said fund as next mentioned, and third, after the
payments of the aforesaid debts and expenses, including any necessary &
proper costs & attorneys fees incurred by the said trustee in resisting any
debts or demand he may deem unfast or illegal, he shall distribute the
balance of such proceeds between the aforesaid six heirs of said Jane F.
James and Clemens James in equal proportions, share and share alike. The
said trustee is herby authorized and empowered to employ all necessary and
proper agents and attorneys to assist him in the execution of the trusts of
this deed, and in making said sale. Should any debt or demand against the
said estate of Jane F. James deceased be asserted which the trustee should
think proper to resist he may nevertheless proceed with the full execution
in other respects, of the trusts here of, reserving sufficient funds to pay
the said debt should it be established by a proper tribunal, or to pay such
proportion thereof as may be part to other creditors of the same class.
Witness the following signatures and seals.
Samuel R.
James
Grace W.
James
Christian
Jourgensen
Emma C.
Jourgensen
Joseph H.
France
Hannah F
France
Doctor M.
James
Annie P.
James
Ira Ayer,
Jr.
Jennie J
Ayer
blank space for John
Ira Ayer,
Jr. Trustee
| Document | Date | Description | | AyerVsJames_003 | 16-Jun-1883 | Samuel and Grace James sign Deed of Trust in front of notary |
| Document | Date | Description | | AyerVsJames_004 | 20-Jun-1883 | Joseph and Hannah France sign Deed of Trust in front of notary |
| Document | Date | Description | | AyerVsJames_005 | 26-Jun-1883 | Christian and Emma Jourgensen sign Deed of Trust in front of notary |
| Document | Date | Description | | AyerVsJames_006 | 2-Jul-1883 | Dr. M and Annie James sign Deed of Trust in front of notary |
| Document | Date | Description | | AyerVsJames_007 | 21-Aug-1883 | Ira and Jennie Ayer sign Deed of Trust in front of notary |
| Document | Date | Description | | AyerVsJames_008 | 1883 | Blank form for John James to sign. It was never signed |
| Document | Date | Description | | AyerVsJames_010 | 15-Jun-1883 | Notice about an auction in "The State" newspaper, Richmond once a week for 4 weeks |
  
| Document | Date | Description | | AyerVsJames_011 | 20-Jun-1883 | Notice in "The State" newspaper, Richmond looking for people with claims against Jane |
  
| Document | Date | Description | | AyerVsJames_013 | 23-Jun-1883 | Property Survey Cover Sheet |
| Document | Date | Description | | AyerVsJames_014 | 28-Sep-1883 | Letter from Ira Ayer to W. J. Leake |
    
The Filings:
| Document | Date | Description | | AyerVsJames_015 | 1-Jan-1884 | Leake submits request for sut to settle James estate |
 
| Document | Date | Description | | AyerVsJames_016 | 2-Jan-1884 | Notarized statement from Wm J Leake saying that all the defendants are not residents of VA |
 
| Document | Date | Description | | AyerVsJames_017 | 4-Jan-1884 | Summons for Samuel R and Grace W James, Chistian and Emma Jourgensen, Joseph and Hannah France, Dr. M and Annie James, Anderson Jackson and Jennie Gregory, John F. James, Wm L. Cowardin Trustee of Virginia Fire and Marine Insurance Company, B. B. Foster and Edward D. Pitts, trustees. |
 
| Document | Date | Description | | AyerVsJames_018 | 4-Jan-1884 | Summons W. L. Cowardise, trustee of the Virginia Fire and Marine Insurance Company to appear in Richmond Court |
 
| Document | Date | Description | | AyerVsJames_019 | 4-Jan-1884 | Samuel answeres bill before a notary |
 
 
| Document | Date | Description | | AyerVsJames_021 | 9-Jan-1884 | Notice about the suite in "The State" newspaper, Richmond once a week for 4 weeks |
   
| Document | Date | Description | | AyerVsJames_022 | 9-Jan-1884 | Receipt from "The State" newspaper paid June 11, 1884 |
 
| Document | Date | Description | | AyerVsJames_023 | 10-Jan-1884 | Summons for B. B. Foster and Edward D. Pitts |
 
| Document | Date | Description | | AyerVsJames_024 | 13-Jan-1884 | Dr. M James answers bill before a nortary |
 
| Document | Date | Description | | AyerVsJames_025 | 28-Jan-1884 | The Frances answer bill before notary |
  
| Document | Date | Description | | AyerVsJames_026 | 8-Feb-1884 | Ira tells court that Annie is dead and Edward needs a guardian |
    
| Document | Date | Description | | AyerVsJames_027 | 8-Feb-1884 | Ira's amended filing - out of order and notes on last page |
        
| Document | Date | Description | | AyerVsJames_028 | 13-Feb-1884 | Summons for Edward Pitts to appear in court in Norfolk - No reason given |
 
| Document | Date | Description | | AyerVsJames_029 | 13-Feb-1884 | G. L. and Jennie Gregory say Jennie's fathe John James has not been heard from since 14 Feb 1883 |
 
| Document | Date | Description | | AyerVsJames_030 | 13-Feb-1884 | G. L. and Jennie Gregory answer bill before notary |
 
| Document | Date | Description | | AyerVsJames_031 | 5-Mar-1884 | Jorgensens answer bill before a notary |
  
| Document | Date | Description | | AyerVsJames_032 | 15-Mar-1884 | Un-notorized response from J. A. Brown, Edward's guardian |
 
| Document | Date | Description | | AyerVsJames_033 | 8-Apr-1884 | Response from Edward before a notary |
 
| Document | Date | Description | | AyerVsJames_034 | 11-Apr-1884 | Deposition of George E. Crawford |
   
| Document | Date | Description | | AyerVsJames_035 | 28-Apr-1884 | Record of court hearing - Edward does not live with step father |
   
| Document | Date | Description | | AyerVsJames_036 | 1-May-1884 | Leake submitted bond of $2,500 as required by 28 April decree |
 
| Document | Date | Description | | AyerVsJames_037 | 7-May-1884 | Receipt from "The State" newspaper |
 
| Document | Date | Description | | AyerVsJames_038 | 19-May-1884 | Account of debts and liabilities by G. E. Crawford for W. J. Leake |
 
| Document | Date | Description | | AyerVsJames_039 | 28-May-1884 | An order from W. J. Barton? to get an account of all leans against the estate. |
 
| Document | Date | Description | | AyerVsJames_040 | 29-May-1884 | Notice in "The State" newspaper, Richmond once a week for 4 weeks saying that all creditors must notify the court by June 27 |
 
| Document | Date | Description | | AyerVsJames_041 | 29-May-1884 | Notice about case in "The State" newspaper, Richmond once a week for 4 weeks |
  
| Document | Date | Description | | AyerVsJames_042 | 4-Jun-1884 | Letter to Wm J Leake from Attorney G. G. Kean |
 
| Document | Date | Description | | AyerVsJames_043 | 20-Jun-1884 | Receipt from "The State" newspaper |
 
Copyright Bill Scholtz 2011-
Last edited
12/18/2011
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