Showing posts with label statutes. Show all posts
Showing posts with label statutes. Show all posts

Thursday, June 29, 2017

Treasure Chest Thursday: Fraudulent Conveyance!



This piece of paper is 5" x 6 1/2".  It's a dark cream in color, with one section on the back that's orangish, where something, probably a business card based on the size, was pinned previously.  It has no watermark but seems to be of decent quality.  It might be writing paper, such as people used to use when letter writing was more common, although it's perhaps a little small for that.

There is handwriting on both sides, although the writing on one side is minimal, only numbers.  That side also has some names typed on it.  The handwriting appears similar to that of Jean La Forêt from his journal entries.  It also would seem to be his writing because it refers to Emma in the third person.  As some of the writing is a little difficult to read, I'll transcribe the entire side:

-- >< -- >< -- >< -- >< --

Fraudulent Conveyance
Section 1931 - Page 564 - I -

Emma was german thru
her marriage with Petit
(Foreigner)

The mother was adminis-
tratrix – Her husband
bought and returned
property to her -

Fraudulent conveyances all
over, since the marriage of
Mrs. Shaefer with Curdt,

-- >< -- >< -- >< -- >< --

This appears to be more information that Jean had noted for his and Emma's fight against Emma's half-siblings in the dispute over the split of Elizabeth Curdt's estate.  The reference to fraudulent conveyance seems to be from The Revised Statutes of the State of Missouri, 1899, which was cited on a document discussed a month agoSection 1931 is "Fraudulent conveyance" and does appear on page 564 in that edition.  I don't know how useful of a tool it was going to be in the La Forêts' fight, however, as it carried only a misdemeanor conviction.

It was not necessarily true that Emma became a German citizen through her marriage to Emile Petit.  Until the law was changed in 1907, whether a woman's citizenship status changed to that of her foreign husband was decided on a case-by-base basis.  What would have caused her to lose her citizenship was leaving the country.  When the act of March 2, 1907 went into effect, Emma's divorce from Petit was already in process; it was finalized in March 1908.  But even if she was considered a foreigner based on that marriage, her subsequent marriage to Jean in 1908 (a mere two months after her divorce) made her an American citizen again, because he had naturalized in 1890.  So well before the time Emma's mother died and all these disputes over the estate arose, Emma was no longer a foreigner.

The broad overview of the Schafer estate included the information that Elizabeth had been the administratrix of her deceased husband's estate.  That same document mentioned that Louis Curdt had sold the property back to Elizabeth after they were divorced.

The accusion of fraudulent conveyances since Elizabeth married Louis Curdt is interesting, primarily because it's so open-ended.  I'm guessing he was referring to the pressure to have Emile Petit and Emma sign away their rights to the Schafer property.  It's hard to tell if the punctuation mark at the end of the sentence is a period or a comma, as Jean seems to have used them almost interchangeably.  If it was intended as a comma, this thought does not continue on the other side of the paper.

That other side doesn't have much information on it.  Typed at one end are three names:  Miss Rosita La Foret (daughter of Jean and Emma), Overland, Missouri; Miss Ethel Schaefer (first time we've seen her name; perhaps the daughter of Charles and Alvina [Curdt] Schaefer?); and Mrs. E. M. La Foret (Emma).  Nothing else is there, so there's no way to tell why the names were typed.

Written in the middle of the page and upside down from the names are some numerals with absolutely no context.  Jean must have been trying to figure out some amounts connected with the estate, but he left no clues to follow up on.

Thursday, May 25, 2017

Treasure Chest Thursday: Missouri 1899 Statutes


This document is on one 8 1/2" x 13" sheet of paper.  It's a yellowish off-white.  It is a nice quality 20# bond with a watermark of BERKSHIRE / SOUVENIR BOND / U.S.A.  The sheet is in good condition.  It has three horizontal fold lines; it was folded into quarters when I received it, and I've flattened it.  Everything on it is typed; it has no handwriting.  There are several typos, only some of which were corrected.

The page starts out at the top with "The Revised Statutes of the State of Missouri, 1899", which conveniently are available online.  The version I found first was published in 1899 in Jefferson City, Missouri by Tribune Printing Company, "State Printers and Binders."  I don't think this version is exactly the same as the one quoted from here, as the very first item listed — Dower, Section 2933 — is said to be on page 744, while the edition I found shows Section 2933 on page 745.  So it's close, but not exact.

The next section quoted, 2944, regarding the widow's option to take a child's share, is on page 747.  Section 2945, "Election; how made", is on page 748.  Section 2961, "Admeasurement of dower", is on page 751.  This is a very short section, so it's interesting that there's a comment to "read this carefully."

Under "Chattels—Property", Section 105 actually is on page 152 in the edition I found.  The items listed on the page also appear in the online version, but wheels was incorrectly typed as "weels" here.

Section 107, "Additional property allowed Widow", is still on page 152, as is Section 108, "Deducted from dower."  Section 41, "Effect of marriage of femme sole Executrix", does appear on page 140.

Surprisingly, even though Article Four, Section 68 appears on page 146, in the version I found this section doesn't say anything about taking inventory in the presence of witnesses.  Rather, it instructs that the administrator needs to take the estate under his control.  That's a significant difference.

The next section quoted, 69 — Inventory; what it shall contain — is on the same page and matches what's in the digitized book.  Section 74, on page 147, does include language about wrongfully withholding anything back from the inventory.

Article 10, "Annual and Final Settlement", appears on page 170, as quoted here.  Section 223, "Compensation allowed Administrator", and Section 225, "Administrator to account for interest", are on page 172.  Section 232, "Final Settlement", is on page 173.

Article 11, "Distribution of the Estate", begins on page 175, with the first section being 238.  Section 243, "[P]arties interested, how notified", which has a notation to read it, is on page 176.

Overall, the book I found online seems to match almost exactly the one used as a source for this reference sheet.  I'm confused about how different Section 68 is.  If the book used was actually the Revised Statutes of the State of Missouri, 1899, one would think they should be the same, even if it were a later printing.

Overall, the sections quoted here focus primarily on the widow's rights, inventory, and final settlement.  It's possible that this was compiled to use as ammunition for the court case that Jean and Emma La Forêt had considered filing against Emma's siblings regarding the disposition of their mother's estate.  I don't know how much this would have helped, however, because the provisions for the widow's share might have been superceded when Elizabeth (Walz) Schafer remarried, with all of her property at that time coming under the control of her second husband, Louid Curdt.  In fact, one of the quoted sections, 41, specifically addresses this.  The inventory sections would seem to be more relevant to the situation the La Forêts found themselves in after Elizabeth's death.

I think the most surprising thing about this sheet is that it has no handwritten notes, nothing to identify its purpose among the other documents.  I've gotten used to seeing those, and they've helped guide me in understanding several of the items.  Without those hints, I can't really tell where this fits in.  I don't even really know who typed it.