[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 approved”
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 | 