Wednesday, June 22, 2011

Divorce Papers: William Clifford LeMaster

From the Colorado State Archives, I was able to obtain copies of the divorce papers of my paternal great-granduncle, William Clifford LeMASTER, who married Lella Edith LEWIS on August 20, 1892 in Jay County, Indiana.  After living in Elyria, Lorain County, Ohio for a number of years, they moved west to Fort Collins, Larimer County, Colorado before 1910.  William filed for divorce in Teller County, Colorado in August 21 1917 - and papers were served to Lella in Los Angeles, California on September 5, 1917.

STATE OF COLORADO
County of Teller; SS

IN THE COUNTY COURT
No. 3359


vs.

LELLA E. LEMASTER, Defendant

ACCEPTANCE OF SERVICE

I hereby accept service in the above entitled cause and acknowledge receipt of a true copy of the summons and complaint.  I also waive all right to a trial by jury and consent that the case may go to trial at any time the plaintiff may elect without any notice to me.

Lella E. LeMaster

copy of Lella's signature


Subscribed and sworn to before me this 5 day of September A.D. 1917.

Earl ????
Notary Public


STATE OF COLORADO
County of Teller; SS

IN THE COUNTY COURT
No. 3359


vs.

Lella E. LeMaster, Defendant     

SUMMONS

THE PEOPLE OF THE STATE OF COLORADO,

To Lella E. LeMaster the defendant named, GREETING:

You are hereby required to appear in an action brought against you by the above named plaintiff, in the County Court of Teller County, State of Colorado; or, if served out of the State of Colorado, or by publication, within fifty days after service hereof, exclusive of the day of service; or said action may be regularly set for trial the same as though such appearance had been made and issue had been joined on such complaint.

The said action is brought by plaintiff to obtain a decree of divorce, dissolving the bonds of matrimony now existing between plaintiff and defendant, on the ground of desertion as will more fully appear from the complaint in said action to which reference is hereby made and a copy of which is hereto attached.

And you are hereby notified that if you fail to appear, and plead to said complaint as above required, the said plaintiff will apply to the Court for the relief therein demanded.

Given under my hand and the seal of said Court, this 21st day of August A.D. 1917

K.C. Gustin, Clerk


STATE OF COLORADO
County of Teller; SS


IN THE COUNTY COURT
No. 3359


William C. LeMaster, Plaintiff


vs.


Lella E. LeMaster, Defendant


COMPLAINT


Comes now the above named plaintiff, by Alvin S. Frank, his attorney, and complains of the defendant and for cause of action alleges:


1.

That plaintiff is and for more than one year last past has been a bona fide resident of the state of Colorado and of the county of Teller.

2.

That plaintiff and defendant were married at Salamonia, Indiana, on the 21st of August, 1892, ever since have been and now are husband and wife.  That there were born to plaintiff and defendant as a result of the aforesaid marriage the following minor children, Ralph M. LeMaster, of the age of fifteen years, at present residing with the plaintiff, and William C. LeMaster, Jr., of the age of thirteen years, at present residing with the defendant.

3.

That the defendant deserted plaintiff on the tenth day of July, 1916, and in spite of frequent requests of plaintiff that she return to him and live with him she has continually refused to live with plaintiff as his wife.


4.

That the amount involved in this action does not exceed the sum of two thousand dollars.

Wherefore plaintiff prays that the bonds of matrimony heretofore and now existing between him and defendant be totally and forever dissolved at his costs; that he be given the custody of his minor son, Ralph M. LeMaster and that the defendant be given custody of William C. LeMaster, Jr., and for such other and further orders as to the Court may seem proper in the premises.

Alvin S. Franks [signature]
Attorney for Plaintiff

State of Colorado,
County of Teller, SS.

WILLIAM C. LEMASTER, being first duly sworn upon his oath deposes and says: that he is the plaintiff in the above entitled cause; that he has read the above and foregoing complaint and knows the contents thereof and that the same is true of his own knowledge.

Wm. C. LeMaster

Signature of William C. LeMaster

STATE OF COLORADO
County of Teller

In the County Court
No. 3559


vs.

Lella E. LeMaster, Defendant

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This cause having been brought on to be tried on the 24th day of September A.D. 1917, the plaintiff appearing by Alvin S. Frank, his attorney, and the defendant not appearing, either in person or by attorney, the case not being contested, the cause being tried to the Court without a jury, and the evidence having been duly presented and submitted,

THE COURT DOTH FIND: That the Summons was regularly issued in this cause and served up the defendant by acceptance of service by defendant acknowledged before Earl Newmire, notary public within and for Los Angeles County at Los Angeles, California.

That more than thirty days elapsed after the filing of the complaint herein before the trial of this cause;

That the plaintiff resides in Teller County in the State of Colorado;

That the plaintiff was personally present at the trial;

That at the date of the commencement of this action the plaintiff had been a bona fide resident and citizen of the State of Colorado during the one year next prior to the commencement thereof;

That the plaintiff and defendant were lawfully married on or about the 21st day of August, A.D. 1892 and ever since have been and now are husband and wife;

That the plaintiff and defendant have two minor children as the issue of said marriage; to-wit: Ralph E. LeMaster and William C. LeMaster, Jr.


That the said Ralph M. LeMaster is of the age of fifteen years and is residing with the plaintiff, and that the said William C. LeMaster, Junior, is of the age of thirteen years and is residing with the defendant.

That the said plaintiff, William C. LeMaster, is a fit and proper person to have the care and custody of the said Ralph M. LeMaster, and that the said defendant, Lella E. LeMaster, is a fit and proper person to have the care and custody of the said William C. LeMaster, Junior, and it is so ordered by the Court, and it is further ordered that the plaintiff may have the privilege of visiting with the said William C. LeMaster, Jr., for a period of not to exceed three weeks in each year and that the defendant shall have the privilege of visiting with the said Ralph M. LeMaster for a period not to exceed three weeks in each year.

That by competent evidence it has been established that defendant deserted plaintiff more than one year prior to the filing of the complaint in the above entitled cause and has failed and refused ever since to live with plaintiff as his wife.  That plaintiff is entitled to a decree of divorce.

That the plaintiff shall, at the expiration of six months from the date of filing hereof by the Clerk of this Court, be entitled to a Decree of Divorce, provided these Findings of Fact and Conclusions of Law have not been set aside and no motion to set them aside remains unheard and undecided.

Done and signed this 24th day of September, A.D. 1917.

By the Court, Karl W. Farr, Judge.


STATE OF COLORADO,
County of Teller, SS.

In the County Court
No. 3359


vs.

Lella E. LeMaster, Defendant

DECREE

This cause this day having been brought on to be heard and more than six months having elapsed since the day on which the findings of fact and conclusions of law were filed herein and said findings of fact and conclusions of law having not been set aside and no motion to set them aside remaining unheard and undecided, and upon motion of A.S. Frank, Esq., attorney, for the said William C. LeMaster, the plaintiff herein and accordance with said findings of fact and conclusions of law,

IT IS ORDERED, ADJUDGED AND DECREED by the Court that the bonds of matrimony heretofore and now existing between the said plaintiff William C. LeMaster and the said defendant Lella E. LeMaster be and the same are hereby dissolved and that said parties are, and each of them is, freed and absolutely released therefrom.

AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the sole care, custody and control of the minor child Ralph LeMaster, be and the same hereby is granted to William C. LeMaster, plaintiff herein; and that the sole care, custody and control of the minor child, William C. LeMaster, Jr., be, and the same hereby is granted and given to Lella E. LeMaster, the defendant herein, until the further order of this Court in the premises.  And it is further ordered by the Court that said plaintiff have the privilege of visiting with the said William C. LeMaster, Jr., for a period of not to exceed three weeks in each year, and that the defendant shall have the privilege of visiting with the said Ralph LeMaster for a period of not to exceed three weeks in each year.

That the plaintiff have judgment for his costs herein expended to be taxed and execution may issue therefor.

Done and signed in open court this Third day of April A.D. 1918.

By the Court, Karl W. Farr, Judge


2 comments:

Grandma Honey said...

Absolutely amazing that you were able to find this Travis. I always knew they had been divorced but I had no idea it was because my Great Grandma deserted him. I wonder how she supported herself alone all that time since jobs for women were so scarce. I also find it interesting and so sad that Ralph and Bill only saw their other parent less than 3 weeks a year! So the brothers must have been separated from one another too, all this time. Also interesting that my Great Grandfather got custody of one of the boys....I thought back then the kids always automatically went with the mother. This tells me she must have been fine with this arrangement. So strange to me.

Travis LeMaster said...

You are right, so sad to have the children separated like that, who knows what the true story was of the divorce. Very strange, indeed, there must be more to the tale. The Colorado State Archives had this information and it was worth every penny.