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Will

  James Simpson Roaten Will   Notes   Pictures  

Will and Contest of Will of James Simpson Roaten


Contributed by Darlene Roaten Mauch


The will of James Simpson Roaten, written on the Delaurice Manufacturing Company stationary and dated 1973, was submitted to the court in 1981 by his wife, Delaurice Roaten, one day after James died. This will was contested by his three living children, because James had told his son and his secretary he wanted to die intestate. The three children had no idea she even had a will.


PETITION TO CONTEST THE WILL OF JAMES S. ROATEN, DECEASED

In August of 1981, after James Roaten's three living children learned of the will that Delaurice submitted to the court, Mr. Bob Royal, Atty., said he would take the case, costing them only depositions. He agreed to this arrangement because he had met with James and knew he wanted to leave his children something. The Honorable Sylvanus Polk was the judge Mr. Royal had to deal with. He was at least 82 years old and should have retired many years before. He would interrupt the proceedings all the time to get the windows open or closed. He never kept his mind on what was going on and because Mr. Royal would try to reason with him, he was almost held in contempt. It was very frustrating for him and he did the best job he could under the circumstances. After two years in court both lawyers decided to settle out of court because she did not have any more money. The settlement was a pittance.


James did leave a small annuity to each of his children, which did not mature for ten years.


Will of James Simpson Roaten

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Contest of Will by James Roaten's Children

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