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
Contest
of Will by James Roaten’s Children
