Grady County Wills
IN THE DISTRICT COURT OF GRADY COUNTY STATE ORF OKLAHOMA
PETITION
Comes now the plaintiff and for cause of action against the defendants, alleges and states: That she was appointed administratrix of the estate of Lora Alma Copp, deceased, on the 20the day of March, 1952, by the County Court of Grady County, Oklahoma, in Case No. 5382, in said court, that she is the duly qualified aministratrix of said estate; and that she is entitled, under the laws of the State of Oklahoma, to maintain this action against the defendants, in her name as administratrix, for the use and benefits of the heirs of the said Lora Alma Copp, deceased, and their assigns. That the said Lora Alma Copp died on November 17, 1951, and at the time of her death was the owner in fee simple, and was in possession, of the following described real property, situated in Grady County, Oklahoma, to-wit: The west Ninety (90) Feet of Lot Four (4), Block Fifty-One (51), in the Town of Tuttle, And that the plaintiff has succeeded the said Lora Alma Copp in possession of said property. That plaintiff and the said Lora Alma Copp, and the predecessors in title of Lora Alma Copp, deceased, have been in the actual, open, visible, continous, adverse and exclusive possession of said real property for more than 32 years, under claim of ownership such as would notify all persons seeking information on the subject that such premises were not, and are not, held in subrogation to claims of others, but were and are held against all titles and claimants, and adversely to the defendants and to everyone. That Thomas Waldon owned said property at the time of his death in 1918, and that he left his sole heirs and devises under his will, his five children, Hosea Waldon, Bill Byrd Waldon, Delilah Waldon, James (Jimmie) Waldon, and Katharina Besinger, nee Waldon, each of whom thereafter conveyed all interest in said propert; his wife, Katie Waldon, whose interest was thereafter sold and conveyed by her guardian in Case No. 917, in the County Court of this county, and Thomas Waldon, Jr., Bert Waldon, Clara May Baker, Floyd Waldon, and Abbie Waldon, who are the five children and sole heirs of Albert Waldon, a pre-deceased son of Thomas Waldon. That the said Thomas Waldon, Jr., Bert Waldon and Clara May Baker, thereafter sold and conveyed all of their interest in and to said property, and that the interests of Floyd Waldon and Abbie Waldon, (later known as Abbie Waldon Ogden), were sold and conveyed by their guardian in Case No. 920 in the County Court of this county. That by mean conveyances, all interest of all of said named heirs of Thomas Waldon, deceased, and of Albert Waldon, deceased, passed to and became vested in Lora Alma Copp, and was owned by her at the time of her death on November 17, 1951. That the defendants, the unknown heirs, executors, administrators, dedevisees, trustees and assigns of Thomas Waldon, deceased, and of Albert Waldon, deceased, claim to have some right, title or interest in or to said property by reason of the failure of the county court of Grady County, Oklahoma, in the probate of the Will of Thomas Waldon, deceased, Case No. 914, to determine that the persons above named were the sole heirs of Thomas Waldon, deceased, and to determine that Albert Waldon, deceased, left no heirs entitled to take his share of the estate of his father, other than his five children named above. That Katie Waldon, the widow of Thomas Waldon, died, intestate, on or about April 8, 1924, leaving as her sole heirs, her seven children, Frances Fryroar, Mollie Dobbs, Amanda Pettenridge, nee Pikay, (the same person as Sophie Pikey), Montford J. Pikey, Thos. Denron Pikey, Katherine Waldon Hoover (formerly Daninger and formerly Stephens), and Delilah Nogland, and her grandchild, Senopia Cochran Miller, sole heir of Minerva Pikay Cochran, a predeceased daughter, and that all eight of said heirs of Katie Waldon have conveyed said real property to the plaintiff. That the defendants, the unknown heirs, executors, administrators, devisees, trustees and assigns of Katie Waldon, deceased, and of Minerva Pikey Cochran, deceased, claim to have nome right, title of interest in said property by reason of irregularities in the matter of the guardianship sale proceedings in the matter of the estate of Katie Waldon, an incompetent, in said Case No. 917, in the County Court of this county, wherein all interest of the said Katie Waldon (now deceased) was sold and conveyed, but that in fact, any such irregularities were cared by confirmation of sale made by said county court on May 12, 1919. That the said Abbie Waldon Ogden died more than eight years ago, intestate, leaving as her sole heir so far as is known, the defendant, Chestar Ogden. That the defendants, Chester Ogden, Floyd Waldon, and the unknown heirs, executors, administrators, deviseer, trustees, and assigns of Abbie Waldon Odgen, claim some right, title, or interest in said property by reason of irregularities in the matter of the guardianship sale proceedings in the matter of the estates of the said Abbie Waldon and Floyd Waldon, in said guardianship Case No. 920, conducted during the year 1920, when said Abbie Waldon and Floyd Waldon were minors, and wherein the undivided 1/35th interest of each of them, being all of their interests in said property, were sold and conveyed; but that in fact, any such irregularities were cured by the confirmation of sale made by said County Court on April 12, 1920. That the defendant, Thomas Waldon, Jr., claims some right, title or interest in said property, by reason of the fact that his warranty deed, dated December 26, 1919, to John Minton, recorded on December 27, 1919, in Book 163 of Deeds at Page 494, in the office of County Clerk of this county, incorrectly describes Lot 4, Block 51, in the Town of Tuttle, as Lot 4, Block 50, in the Town of Tuttle. That in truth and in fact, the said Thomas Waldon, Jr., at no time had any interest in Lot 4, Block 50, in the Town of Tuttle, and by said deed he sold and intended to convey all of his 1/35th interest in all lots in Tuttle and Minco, Oklahoma, which he had inherited from Thomas Waldon, deceased, including Lot 4, Block 51, in the Town of Tuttle, but by clerical error of the scriveror in preparing said deed, the said Lot 4 was described as being in Block 50 instead of Block 51. That plaintiff is entitled to reformation of said deed by this court, changing description of Lot 4, Block 50, in the Town of Tuttle, to read “Lot 4, Block 51, in the Town of Tuttle, Oklahoma.” That the claims of each and all of the defendants in and to said real property, the West 90 Feet of Lot 4, Block 51, in the Town of Tuttle, Oklahoma, are unfounded, and, if ever of any validity, have long since been barred by the Statutes of Limitation of the State of Oklahoma. That such claims constitute clouds upon plaintiff’s title, and that the defendants should be forever barred from any right, title or interest in or to said premises. Plaintiff further alleges that there has never been a proper determination of the heirship Thomas Waldon, deceased, of Katie Waldon, deceased, of Abbie Walden Ogden, deceased, and of Minerva Pikey Cochran, deceased, under the lean of succession of the State of Oklahoma by the County Court having jurisdiction to administer or probate their respective estates, nor by any other court of competent jurisdiction. WHEREFORE, plaintiff prays for judgment against the defendants, adjuding and decreeing that plaintiff is the owner of the fee simple title to said real property as administrix, and for the benefit of the heirs of Lora Alma Copp, deceased, and their assigns, that the Court adjudge and decree that Albert Waldon, Katie Waldon, Abbie Waldon Ogden and Minera Pikey Waldon each died intestate; that the court adjudge and decree that Thomas Waldon died testate but that there has never been any judicial determination of his heirship; that the court further adjudge and decree the names of the heirs at law of the said Thomas Waldon, deceased, of Albert Waldon, deceased, of Katie Waldon, deceased, of Abbie Waldon Ogden, deceased and of Minerva Pikey Cochran, deceased, under the line of succession of the State of Oklahoma in force at the time and place of death of each of them; that the defendants have no right, title or interest therein and that they be barred and enjoined from asserting any interest therein; that the warranty deed recorded in Book 163 of Deeds at Page 494, in the office of the County Clerk of this County be reformed as aforesaid; that the title of the plaintiff to said premises be forever quieted and confirmed; and for such other relief as the County may deem proper.
Eula Bowers, Administatrix Plaintiff
O. S. Selifrit_____________ Attorney for Plaintiff (The above was submitted by Brian Watson, and transcribed from a copy of the original document)
All data on this website is ©
Copyright 2009 by
Genealogy Trails
|
