Court Records for Lucy Mellon, Greene Co, AR *********************************************************** Submitted by: Grant Van Vranken Date: 26 Oct 2003 Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm *********************************************************** I am submitting more on the Greene County site. This time it is more about Lucy Mellon, widow of Wiley Crowley and Thomas J. Mellon. This is the court case in which she sued B.H. Crowley (her former son-in-law and her nephew), A.M. Davis and H.W. Glasscock. The case went to the Supreme Court on appeal, but Lucy won $1789.68. THOMAS J. MELLON PROBATE Including the law suit of Lucy Mellon vs. B.H. Crowley, A.M. Davis and H.M. Glasscock 1 No. 142 Probate Court Greene County, ARK Estate of Mellon Thomas J Deceased Bryan Obear None Securities Bond $ (blank) Letter Granted March 7 1917 Residence St Louis, MO 2 LETTERS OF ADMINISTRATION SECTION 32, KIRBY’S DIGEST STATE OF ARKANSAS COUNTY OF GREENE ESTATE OF THOMAS J MELLON DECEASED THE STATE OF ARKANSAS TO ALL PERSONS TO WHOM THESE PRESENTS SHALL COME – GREETING: KNOW YE, THAT WHEREAS THOMAS J MELLON OF THE COUNTY OF GREENE AND STATE OF ARKANSAS DIED AS IT IS SAID, ON OR ABOUT THE (BLANK) DAY OF (BLANK) A.D. 1862 HAVING AT THE TIME OF HIS DEATH, PERSONAL PROPERTY IN THIS STATE, WHICH MAY BE LOST, DESTROYED, OR DIMINISHED IN VALUE, IF SPEEDY CARE BE NOT TAKEN OF THE SAME. TO THE END, THEREFORE, THAT THE SAID PROPERTY MAY BE COLLECTED, RESERVED AND DISPOSED OF ACCORDING TO LAW, WE DO HEREBY APPOINT BRYAN OBEAR ADMINISTRATOR OF ALL AND SINGULAR GOODS AND CHATTLES, RIGHTS AND CREDITS, WHICH WERE OF THE SAID THOMAS J MELLON AT THE TIME OF HIS DEATH, WITH FULL POWER AND AUTHORITY TO SECURE AND DISPOSE OF SAID PROPERTY ACCORDING TO LAW, AND COLLECT ALL MONEYS DUE SAID DECEASED, AND, IN GENERAL, DO AND PERFORM ALL OTHER ACTS AND THINGS WHICH ARE, OR HEREAFTER MAY BE, REQUIRED OF HIM BY LAW. IN TESTIMONY WHEREOF, I, E.E. COX, CLERK OF SAID COURT, IN AND FOR THE COUNTY OF GREENE AFORESAID, HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COURT AT MY OFFICE IN PARAGOULD THIS 7 DAY OF MARCH 1917 3 #142 Administrator’s Letters Bryan Obear Administrator Estate Thomas J. Mellon Deceased Approved Jan Term 1917 W.A. Branch Judge 225 Filed March the 7 1917 E.E. Cox Clerk 4 IN THE PROBATE COURT OF GREENE COUNTY, STATE OF ARKANSAS In the Matter of the Estate ) Of Thomas J. Mellon, Deceased ) ADMINISTRATOR’S ANNUAL REPORT Now comes the Administrator of the above estate, Bryan Obear, and respectfully reports to the Honorable Court there was collected from The United States Government the sum of $454.51 Paid Attorney F.G. Caldren 90.90 Paid Court cost, fees, etc. 10.00 100.90 Balance ---------- $ 353.61 Paid by order of Court Mrs. Jennie E. Mellon sole heir and beneficiary of the above estate $353.61 as evidenced by voucher marked “Exhibit A” hereto attached. Respectfully submitted, Bryan Ober /s/ Administrator Subscribed and sworn to before me this 26th day of March 1918 My term expires May 14, 1920 N.A. Davis Notary Public City of St Louis, MO 5 CROWLEY RIDGE LAND CO. INC. No. 1014 Wright Building 8th & Pine St Louis, MO May 28, 1917 Received of Bryan Obear, Administrator of the Estate of Thomas J. Mellon, deceased, the sum of Three Hundred and Fifty- three Dollars sixty cents ($353.60), being amount of balance due from the estate of Thomas J. Mellon, deceased, to the estate of John S. Mellon, deceased There was collected for the relief of the estate of Thomas J. Mellon, From the United States Government, the sum of Four Hundred and Fifty-four Dollars fifty-one cents ($454.51), less attorney fee Of F.G. Coldren of Ninety Dollars ninety cents ($90.90), and The court cost, gees, etc. of Ten Dollars ($10.00) Mrs. J.E. Mellon /s/ Executrix, Estate of John S. Mellon. Mrs. J.E. Mellon /s/ Sole heir of the Estate of John S. Mellon. Written on the page is Exhibit “A” 6 49 Annual Report Probate Court Greene County Arkansas Estate of Thomas J Mellon Deceased Bryan Obear Administrator March 26th 1917 Filed in Open Court April 19th 1918 E.E. Cox clerk By Gio (?) Rogers d.c. Examined Confirmed 10/22/1918 332 371 Clerk cost paid 7 Estate of ) Report of condition Thomas J. Mellon dcd. ) approved leave to file B.H. Crowley admin. ) new bond With will annoted ) On this day comes Benjamin H. Crowley as administrator with the will annexed (?) of the Estate of Thomas J. Mellon dcd. And files him his report of the condition of said Estate property verified showing that he had given bond several times as such administrator which have been destroyed by fire that A.M. Davis, W.C. Nutt and J.H. Gramling were sureties on some of his bonds that his Inventory consisted of five several notes on P.K. Lester for fourteen hundred ach copies of said note are now on file in the Lawrence Circuit Court in a suit pending between him and said Lester, that nothing else has ever came into his hands as such administrator, that all the records of said administration has been destroyed by fire, praying that he be allowed to file a new at the next term of this court. It is therefore ordered by the court that said administrator be allowed to… 8 file a new bond on or before the first day of the next term of this court. Greene Probate Court July Term 1877 Bond Approval} On this day the Court approved and as aimed to be recorded the fourlong bonds to wit Bond of B.H. Crowley admr. Of Thomas J. Mellon. 9 1st an final settlement of B.H. Crowley as administrator summons now of the estate of Thomas J. Mellon Dcd. Said administrator would state that as such administrator he brought suit against the estate of P.K. Lester and obtained a judgment against said Estate for the sum of three thousand dollars which was an amount equal to a judgment against said estate in favor of A.M. Davis which was the only valid judgment existing against said Estate at the time of this administrator’s administration. And that the judgment against the Estate of P.K. Lester has been transferred to said A.M. Davis in satisfaction of his judgment and that this administrator knows of no other matters belonging to said estate therefore, he asks to be discharged from all forth administration on said estate. 10 Greene Probate Court Record January Term 1881 January 30, 1881 Accounts Current } Confirmed } On this day the court examined and confirmed the following accounts current – settlements and ordered the same to be recorded to wit 1st final settlement of B.H. Crowley as Admr. of T.J. Mellon. Lucy Mellon vs. B.H. Crowley Exhibit Filed in open Court March 5 1883 R.H. Gardner Clerk 11 Mellon vs. B.H. Crowley in “Chancery” file drawer labeled 1888 Greene Co., AR – old records room. 1887 Lucy Melon Vs B H Crowley Paragould Ark 56 1888 12 In the Greene Circuit Court Lucy Mellon Plaintiff Against B H Crowley A.M. Davis H.W. Glasscock Answer of B H Crowley The defendant, B.H. Crowley comes and by way of answer to plaintiff complaind, and for cause of answer says: He admits that Lucy Mellon is the widow of Thomas J. Mellon deceased that he died without heirs, that P.K. Lester was the sole legatee and devisee of the said Mellon, that by an agreement between plaintiff and P.K. Lester she received dower in said real estate, that defendant was administrator deborius now of said estate, that A.M. Davis and James McDaniel were defendant’s bondsman and that on that 13 day of March 1876 said bond was destroyed by fire, that on 27th day of April 1877 defendant filed a new bond with A.M. Davis and H.W. Glasscock as sureties. But defendant most emphatically denies that he ever received any sum of money, compensation or remuneration from 13 said administration of any kind whatsoever, but on the contrary said defendant expended about the sum of one hundred dollars of his individual money in the prosecution of claims against P.K. Lester’s estate and which money has never been returned to said defendant. And the defendant by way of answer states that there was an agreement made between defendant and plaintiff and John Mellon that they would aid and assist defendant in the prosecution of the suit, on notes as charged in complaint against P.K. Lester, but notwithstanding said agreement as aforesaid plaintiff failure and refuse to assist and aid in the prosecution of said suit or claims as aforesaid. And defendant further states he offered to (turn over ?) one half of said notes to plaintiff if she would receipt him for the same or whatever assets she was entitled. Defendant further states that said notes were all the assets belonging to said estate that ever came to his hands or possession and that all other assets belonging to said estate were administered by said P.K. Lester. Defendant further states that his administration was in all things approved and confirmed by the Greene County Probate Court on its January Term A.D. 1881 and that he was finally discharged from the administration of said estate. Defendant further states that he denies any fraud or collusion A.M. Davis or any one else to defraud Complaint and or any person interested in said administration of said estate. Defendant further states that he adopts to answer of defendant A.M. Davis by way of further answer in this Court heretofore filed. Wherefore defendant prays to be discharged from further costs and for all further general, special and proper relief. Crowley and Luna State of Arkansas County of Greene I B.H. Crowley, do solemnly swear that the facts set forth in the above and foregoing answer are true. 14 Lucy Melon Vs. B.H. Crowley et al Comes Plaintiff by attorney and denies 2nd 3rd + 5th paragraphs of Deft Davis’ answer Because each of said paragraphs fails to state facts sufficient to constitute or define to said actions. Cypert for plaintiff 15 To the Clerk of the Circuit Court of Greene County } We hereby claim a lien upon the decree rendered in the case of Lucy Mellon vs. B.H. Crowley et al, on the 28th day of April 1887 for one half of said judgment as fee for services rendered in said suit, as per agreement with the plaintiff which you will please indorse upon the margin of the record of said decree this 30 day of April 1887 Cypert & Cypert L.L. Mack and Son. (Margin says 2¸1789.68 = 894.82 ½) 16 Greene Circuit Court Lucy Mellon Against B.H. Crowley A.M. Davis et al } Answer of Benjamin H. Crowley Defendant B.H. Crowley for his separate answer as to compaint says he administrator of estate of Thomas J. Mellon deceased. That Lucy Mellon was his relict, that she obtained the order of Probate Court as states also judgment of Circuit Court on appeal from said order. He does not admit, but denies that the notes mentioned as executed by P.K. Lester to deceased in the sum of $14000 ever came to his hands at all, but only a memorandum of some that if they were ever inventoried by him it was done at insistence of his attorney in order to bring suit on them against P.K. Lester. 17 That suit was brought (Lawrence Circuit Court) against said Lester on account of said notes and was prosecuted with vigor but no recovery was ever had thereon. Lester making a vigorous defense against said notes. That a judgment was finally had against Lester but not on account of said notes but on the following account to wit: There was a judgment of the Circuit Court of Greene County against said Thomas J. Mellon in his lifetime in favor of the firm of Trabue, David & CO of Louisville KY for a large sum being about eighteen hundred with interest dollars. That Lester claimed to be the sole legatee to said Mellon under his last will and testament and entitled to take all his assets personal and real except such as his widow might be entitled to. That he settled with his said widow Lucy who is Plaintiff 18 herein and satisfied her in full for all her claim of dower and took her a quittance therefore and entered in the enjoyment his share of said estate but being advised he could not as legatee hold such estate except as encumbered by the debts of the testator and that the Circuit Court Judgment was a lien which he must discharge: he (_______?_________) to satisfy some it being the only subsistory demand against said estate and this defendant as trustee for the creditors being in duly bound to secure envoy to pay said debt and being unable to get a judgment on said notes so amended his pleading (?) in the Lawrence Circuit Court as to charge the estate in bound of said Lester with said debt. And thereupon he had received a judgment in a sum sufficient to pay the debt against testator amounting to about $3900.00 collected of said Lester and paid to said creditors but that 19 nothing whatsoever was ever recovered by (?) of said notes or in which the Plaintiff would have any interest in at all. B.H. Crowley I B.H. Crowley do solemnly swear that the facts stated in the above and foregoing answer so far as stated from my own personal knowledge are true and as to those facts stated from the information of others I believe to be true. B.H. Crowley 20 Mellon Vs. B.H. Crowley et al Plaintiff moves the court to rule the defendant A.M. Davis to paragraph his answer stating each separate defense in separate paragraphs. Cypert for plaintiff 21 Greene Circuit Court March Term 1887 Comes plaintiff by attorney and moves the court to strike out the answer of defendant B.H. Crowley filed March 16th 1887 Because the said answer was filed out of time and without cause of court first had and obtained to file answer at this time. Because said answer is separate to and contradictory of the former answer of said Crowley filed in this case on the March 1885 Because the said answer was filed after the evidence had been introduced and the same concluded with the exception of the argument of attorneys in the case and is not conformation to the proof in the case. Cypert & Cypert And L.L. Mack +Son For Plaintiff 22 Lucy Mellon Vs. B.H. Crowley et al Comes plaintiff by attorney move to suppress the deposition of A.M. Davis and B.H. Crowley because the said Deposition is hearsay and therefore incomplete and because the (?) is irrelevant and not pertinent to the issues in the case. And the said Crowley deposition is irrelevant and incompetent and not pertinent to the issues in the case. Cypert & Cypert + L.L. Mack + Son for plaintiff. 23 State of Arkansas } sct. In the Supreme Court BE IT REMEMBERED, That at a term of the Supreme Court of the State of Arkansas began and held at the Court House in the City of Little Rock, on the 27th day, being the fourth Monday of May A.D. 1889, amongst others were the following proceedings, on the 15th day of June A.D. 1889, a day of said term. B.H. Crowley et al Appellant Appeal from Greene Circuit Court in Chancery. Lucy Mellon Apellee This cause came on to be heard upon the transcript of the record of the Circuit Court of Greene County in Chancery, and was argued by the solicitors of the parties, on consideration whereof it is the opinion of the Court that there is no error in the proceedings and decree of said Circuit Court in Chancery in this cause. It is therefore ordered and decreed that the decree of said Circuit Court in Chancery in this cause be and the same is hereby in all things affirmed with costs. It is further ordered and decreed that said appellee recover of said appellant all her costs in this Court, in this cause expended and have execution thereof as upon judgments at law. In testimony that the above is a true copy of the decree of said Supreme Court in the case therein: I, W.P. Campbell, Clerk of said Supreme Court, hereto set My hand and affix the seal of said Court at my office in The City of Little Rock, this Second day of December A.D. 1889 W.P. Campbell Clerk