Pedigree Link |
Last Edited | 17 June 2021 00:00:00 |
Pedigree Link |
Daughter | Deborah Barron+ (b. 1807, d. after June 1880) |
per Findagrave.com memorial"
"Thomas Barron was the second son of Joseph E. Barron and Sarah Murray. He and his brother Jacob were born New River, Montgomery Co., Virginia. By 1790 the family was living in Washington Co., Tennessee and December 22, 1806
Joseph and Sarah Murray Barron make their way from Washington Co to Campbell Co., Tennessee. Most of their children also moved to Campbell Co except for Jacob and Thomas who remained in Washington Co. where Thomas married Phebe Jobe October 31, 1794 and lived their entire life on West Sinking Springs.
Thomas Barron was a veteran of the War of 1812.
Thomas and Phebe were the parents of Leah, Nancy, Daniel, Jacob, Sarah, Deborah, John, Thomas Jr., Lydia Ann and Phoebe Barron.
Will of Thomas Barron was signed 1859 and Thomas Barron Sr died 1863 and is buried in the Bacon Cemetery."
Last Edited | 17 June 2021 00:00:00 |
Pedigree Link |
Daughter | Deborah Barron+ (b. 1807, d. after June 1880) |
Last Edited | 17 June 2021 00:00:00 |
Father | George Lynch Keefauver (b. 25 September 1835, d. 19 December 1917) |
Mother | Lydia Ann Bacon (b. 29 August 1835, d. 25 June 1889) |
Pedigree Link |
Daughter | Mary Lydia Keefauver (b. 16 December 1898, d. 8 January 1978) |
Daughter | Kathleen Lawson Keefauver (b. 17 November 1900, d. 29 November 1986) |
Son | Weldon Faw Keefauver+ (b. 19 October 1902, d. 17 February 1983) |
Daughter | Grace Keefauver (b. 1904, d. 1905) |
Daughter | Louise Keefauver+ (b. 30 May 1906, d. 12 November 1987) |
Son | Joseph Deadrick Keefauver, Jr. (b. 15 November 1908, d. 17 November 2002) |
Son | James Lee Keefauver (b. 1910, d. 1911) |
Son | Howard Wayne "Jack" Keefauver (b. 1 May 1912, d. 18 February 1994) |
Daughter | Ruby Keefauver+ (b. 3 March 1915, d. 19 April 1993) |
Last Edited | 18 June 2021 00:00:00 |
Father | Solomon P. Hylton (b. 20 September 1838, d. 19 February 1905) |
Mother | Mary Elizabeth Crouch (b. 20 March 1850, d. 20 January 1928) |
Pedigree Link |
Daughter | Mary Lydia Keefauver (b. 16 December 1898, d. 8 January 1978) |
Daughter | Kathleen Lawson Keefauver (b. 17 November 1900, d. 29 November 1986) |
Son | Weldon Faw Keefauver+ (b. 19 October 1902, d. 17 February 1983) |
Daughter | Grace Keefauver (b. 1904, d. 1905) |
Daughter | Louise Keefauver+ (b. 30 May 1906, d. 12 November 1987) |
Son | Joseph Deadrick Keefauver, Jr. (b. 15 November 1908, d. 17 November 2002) |
Son | James Lee Keefauver (b. 1910, d. 1911) |
Son | Howard Wayne "Jack" Keefauver (b. 1 May 1912, d. 18 February 1994) |
Daughter | Ruby Keefauver+ (b. 3 March 1915, d. 19 April 1993) |
Obituary -- Kingsport News, Kingsport, Tennessee; Thursday, 24 March 1949; page 11 column 1; (Ancestry.com):
Mrs. Keefauver, 75, Dies At Home Of Her Daughter
Mrs. Bell Hylton Keefauver, 75, of Boones Creek, mother of Joe Keefauver, widely-known stockman and Angus cattle breeder, died Wednesday morning at Tampa, Florida.
Mrs. Keefauver had been visiting her daughter, Mrs. C. C. Dyer, in Tampa since late February. She had been an invalid for about eight years.
Surviving are three sons, Weldon, a Tennessee Eastman Corporation employe who lives at Bluff City; Joe, Kingsport, and Jack Keefauver, Boones Creek; and four daughters, Miss Mary Keefauver, Boones Creek; Mrs. W. A. Hill, Boones Creek; Mrs. C. C. Dyer, Tampa, Fla., and Mrs. R. L. Reid, Knoxville.
Funeral arrangements are incomplete. The body will be brought back to Tennessee for burial.
Funeral Notice - Kingsport News, Kingsport, Tennessee; Saturday, 26 March 1949; page 8 column 3; (Ancestry.com):
Mrs. Bell Keefauver
Funeral services for Mrs. Bell Hylton Keefauver will be held at 2:30 p.m. Saturday at Boones Creek Christian Church.
Dr. H. J. Derthick, former president of Milligan College will officiate.
Last Edited | 10 July 2024 07:02:00 |
Father | Joseph Deadrick Keefauver, Sr. (b. 17 April 1861, d. 2 October 1917) |
Mother | Belle Hylton (b. December 1872, d. 23 March 1949) |
Pedigree Link |
Last Edited | 8 July 2024 08:21:31 |
Father | Joseph Deadrick Keefauver, Sr. (b. 17 April 1861, d. 2 October 1917) |
Mother | Belle Hylton (b. December 1872, d. 23 March 1949) |
Pedigree Link |
; License issuance listed in the 24 DEC 1940 edition of The Cincinnati Enquirer. They were both "of Toledo, Ohio". Alvin was first married to Dorothy Brown in 1915, in Indiana. They had children Willard Jr. (1918-1944) and Robert William (1920-1982). Willard Sr. and Dorothy were separated and divorced before the April 1940 census when they were listed in separate locations, unmarried.
Obituary -- Johnson City Press (TN); November 20, 1986:
KATHLEEN K. HILL
Kathleen Keefauver Hill, 86, Appalachian Christian Village, died Saturday in Johnson City Medical Center Hospital after a brief illness.
She was a lifelong resident of Washington County and a daughter of the late Joseph D. and Belle Hylton Keefauver.
Mrs. Hill was a member of Boones Creek Church of Christ.
She was preceded in death by her husband, W.A. “Bill” Hill, two sons, one brother and one sister.
Survivors include one son, Robert Hill; two sisters, Ruby Reid, Johnson City, and Louise Dyer, Los Angeles; two brothers, Jack and Joe Keefauver, both of Johnson City; two grandsons; six nieces; and four nephews.
Appalachian (926-2112).
Note: Willard was first married to Dorothy Helen Brown, and they had two sons (Willard Alvin Hill, Jr. (1918-1944) and Robert W. Hill (1920-1982). (In the 1940 Census, Dorothy states that she has only had two children.) Willard, Jr. married Janet Serrels in 1939, and they had sons James and Peter before Willard was killed in action in WW II. Robert relocated to New Orleans at some point after 1950, and died there in 1982. No evidence of marriage or children for Robert has been found. Kathleen did not have any children with Willard, therefore the above obituary is erroneous in saying that Robert was a survivor of Kathleen, as well as indicating a total of three sons for Willard.
FUNERAL NOTICE - Johnson City Press (TN); November 20, 1986:
APPALACHIAN FUNERAL HOME
Kathleen K. Hill
Funeral services for Kathleen Keefauver Hill, 86, Appalachian Christian Village, who died Saturday, will be conducted at 11 a.m. Monday from the Boones Creek Church of Christ with Charles Reese and Bob Gabey, ministers, officiating. Burial will follow in the church cemetery. Pallbearers will be Charles Dyer, Billy Joe Keefauver, Joe Reid, Joe Reid Jr., Grayson Dyer, Bob Hall and Robert Hall. In lieu of flowers, the family requests that those who wish, make contributions to the Appalachian Christian Village or to the Boones Creek Church of Christ Building Fund. The body will be taken to the church at 10 a.m. Monday where the family will receive friends until service time. Appalachian Funeral Home is in charge.
Last Edited | 28 July 2024 12:15:50 |
Father | Joseph Deadrick Keefauver, Sr. (b. 17 April 1861, d. 2 October 1917) |
Mother | Belle Hylton (b. December 1872, d. 23 March 1949) |
Pedigree Link |
Son | William Joseph "Billy Joe" Keefauver+ (b. 24 August 1931, d. 7 July 2016) |
Daughter | Sara Kathleen "Kat" Keefauver+ (b. 19 December 1932, d. 5 March 1988) |
Daughter | Martha Elizabeth Keefauver+ |
Daughter | Malinda Eleanor Keefauver |
Obituary – Kingsport Times, Kingsport, Tennessee; Friday, 18 feb 1983, page 5 (Newspapers.com):
JOHNSON CITY – Weldon Faw Keefauver, 80, Route 13, Gray, Tenn., died at noon yesterday at Northside Hospital after a lengthy illness.
A native and lifelong resident of Washington County, he was the son of the late, Joseph D. and Belle Hylton Keefauver. He was a retired employee of Tennessee Eastman company with 25 years of service and a lifelong member of Boones Creek Church of Christ.
Surviving are his wife, Mrs. Malinda Boy Keefauver, of the home; one son, Billy Joe Keefauver, Boones Creek; three daughters, Mrs. Kathleen Hall and Mrs. Martha Warren, both of Boones Creek and Miss Eleanor Keefauver, Durham, N.C.; nine grandchildren and two great-granddaughters; two brothers, Joseph D. Keefauver and Jack Keefauver, both of Boones Creek; three sisters, Mrs. Kathleen Hill, Johnson City, Mrs. Louise Dyer, Laguna Niguel, Calif. and Mrs. Ruby Reid, Boones Creek.
Friends may call from 7-9 tonight at Appalachian Funeral Home Chapel in Johnson City.
Services will be conducted at 2 p.m. tomorrow from Boones Creek Church of Christ with Dr. David Wead, minister officiating.
Interment will be in the church cemetery.
Last Edited | 8 July 2024 09:12:34 |
Father | Joseph Deadrick Keefauver, Sr. (b. 17 April 1861, d. 2 October 1917) |
Mother | Belle Hylton (b. December 1872, d. 23 March 1949) |
Pedigree Link |
Daughter | Marjorie E. "Margie" Dyer+ (b. 18 April 1926, d. after 1998) |
Son | Charles Grayson Dyer (b. 9 May 1928, d. 26 December 2011) |
Daughter | Julia Anne Dyer+ |
Daughter | Carolyn Cecilia Dyer+ (b. 7 February 1943, d. 27 February 2006) |
Last Edited | 10 July 2024 09:04:00 |
Father | Joseph Deadrick Keefauver, Sr. (b. 17 April 1861, d. 2 October 1917) |
Mother | Belle Hylton (b. December 1872, d. 23 March 1949) |
Pedigree Link |
Obituary:
Joseph D. Keefauver
JOHNSON CITY -- Joseph D. Keefauver, 94, Appalachian Christian Village, 2022 Sherwood Drive, died Sunday, Nov. 17, 2002, at his residence following a lengthy illness.
Mr. Keefauver was a Washington County native and a son of the late Joseph D. and Belle Hylton Keefauver. He was a member of Boones Creek Christian Church, where he served as a Sunday school teacher, deacon, elder and chairman of the board. Mr. Keefauver was a member of the Adult Men’s Sunday School Class. He was a graduate and valedictorian of Boones Creek High School and a graduate of Milligan College. Mr. Keefauver was a founder and on the board of directors of Emmanuel School of Religion. He was manager of Hardwick Farms, Cleveland, Tenn. He later started the Keefauver Brothers Farm. Mr. Keefauver was elected to the board of directors of the American Angus Association. He served two terms as a director and became vice president in 1959. He became president of the association in 1960. He was a speaker at an Angus conference in Argentina and judged all major Angus shows in the United States. Mr. Keefauver was preceded in death by his wife, Mrs. Ruby H. Keefauver, in 2001. Survivors include several nieces and nephews.
Funeral services for Mr. Joseph D. Keefauver, Appalachian Christian Village, 2022 Sherwood Drive, who died Sunday, will be conducted Tuesday, Nov. 19, 2002, at 11 a.m. from Boones Creek Christian Church with Mr. Dan Lawson, Minister David Clark and Minister Robert Allen officiating. Burial will follow in Boones Creek Christian Church Cemetery. Active pallbearers will be Charles “Smokey” Crouch, great-nephews and great-great-nephews.
The family will receive friends from 10-11 a.m. Tuesday from Boones Creek Christian Church. Additional survivors include special friends, Bill McSpadden, Chilhowie, Va., and T.J. and June Cawood, Cleveland, Tenn. In lieu of flowers, donations may be made to the Boones Creek Christian Church Building Fund, 312 Christian Church Road, Gray, TN 37615.
Condolences may be sent to the Davis Family via e-mail at www.dillow-taylor.com. Dillow-Taylor Funeral Home, Jonesborough, 753-0514. Dillow-Taylor Funeral Home, Jonesborough, Tenn., 423-753-0514, is in charge of the arrangements.
Articles:
The Kingsport Times (TN), November 26, 1947:
Jonesboro Men Buy Ridgefields Farm's Registered Aberdeen - Angus Cattle Herd
The entire herd of registered Aberdeen-Angus cattle, consisting of over 100 head, has been sold by C. P. Edwards, Jr. owner of Ridgefields Farm of Kingsport, for an undisclosed amount to Keefauver Brothers of Jonesboro, according to an announcement yesterday.
The sale is reported to be one of the largest transactions of pure bred beef cattle made in this section for some time. The reason for the sale was the fact that several hundred acres of Ridgefields Farm are now being divided into a real estate development, golf course and country club. The herd will remain at Ridgefields Farm probably until next spring.
Started in 1942
This herd was started in 1942 and represents some of the best cattle selected from the leading Angus breeders, such as Hardwicks Farm, Tolan, French Broad Farms, Macmor Farms, and other leading farms. Whenever the Ridgefields Farm cattle have been offered for sale, they consistently sold with the top cattle, and when shown, they have won many blue ribbons.
The Keefauver Brothers Farm, owned by Joe and Jack Keefauver, is located in the Boone's Creek community. Their herd of Angus is well known throughout the Southeast, having been founded from the top animals from Hardwicks Farm. They had the Supreme Champion Female at the Southeastern Sale and just recently had the Grand Champion Female at the Southeastern World's Fair. They have also recently sold cattle into the states of Georgia, Michigan, Montana and Tennessee.
Leading Herds
They have several sons and daughters of the last year's International Grand Champion Eileenmere 500 and with the addition of the leading Ridgefields Farm cattle, it will give them one of the leading herds of Aberdeen-Angus cattle in the entire Southeast.
Mr. Edwards plans to continue to operate the remainder of the farm with commercial cattle.
Joe Keefauver will continue as manager of Ridgefields Farm. He has been connected with them since May, 1946, having formerly been manager of the Hardwicks Farm of Cleveland, Tenn.
Note: The wife of C.P. Edwards, Jr. and the Keefauver brothers were fourth cousins, although it is unlikely that they were aware of it.
The Kingsport Times; August 22, 1974:
Appalachian Fair Judges Liked Offerings Of Jonesboro Swine, Angus And Holsteins
Jonesboro - Livestock judging will continue throughout the week at the Appalachian District Fair in Gray, Swine, Holstein and Angus results were talleyed Wednesday. They include:
In the Open Dairy Cattle Division, Holstein Class: [results include] Senior Champion Female, Cindy Keefauver, Jonesboro; The Grand Champion Senior, Cindy Keefauver, Jonesboro.
In Open Beef Cattle Division, Angus Class:
[results include]
Reserve Grand Champion, Keefauver Brothers, Jonesboro.
Last Edited | 5 August 2024 10:19:02 |
Pedigree Link |
Daughter | Belle Hylton+ (b. December 1872, d. 23 March 1949) |
Last Edited | 18 June 2021 00:00:00 |
Pedigree Link |
Daughter | Belle Hylton+ (b. December 1872, d. 23 March 1949) |
Last Edited | 18 June 2021 00:00:00 |
Father | Joseph Deadrick Keefauver, Sr. (b. 17 April 1861, d. 2 October 1917) |
Mother | Belle Hylton (b. December 1872, d. 23 March 1949) |
Pedigree Link |
Obituary -- Johnson City Press, Johnson City, Tennessee; Sunday, 20 FEB 1994, page 2 (Newspapers.com):
HOWARD W. KEEFAUVER
Howard Wayne "Jack" Keefauver, 81, 1697 Old Boones Creek Road, died Friday, Feb. 18, 1994, at North Side Hospital after a brief illness.
He was a lifelong Washington County resident and a son of the late Joseph D. and Belle Hilton Keefauver.
Mr. Keefauver was a Boones Creek High School graduate who attended Milligan College.
He retired as a cattleman and partner in the nationally known Keefauver Brothers Angus business. In 1987 he was inducted into the Angus Heritage Foundation for his contributions to and advancement of the Angus breed.
Mr. Keefauver was a member of Boones Creek Christian Church.
He was preceded in death by one brother and four sisters.
Survivors include his wife, Mrs. Jean Keefauver; two daughters, Susan Matlock, Jonesborough, and Janie Dykes, Johnson City; one brother, Joe Keefauver, Johnson City; and several nieces and nephews.
Dillow-Taylor (753-3821)
FUNERAL NOTICE - Johnson City Press, February 20, 1994:
DILLOW-TAYLOR FUNERAL HOME
Howard W. "Jack" Keefauver
Graveside services for Mr. Howard Wayne "Jack" Keefauver, who died Friday, Feb.. 18, 1994, will be conducted Sunday, Feb. 20, 1994, at 1:30 p.m. at Boones Christian Church Cemetery with Minister Charles Reese and Minister Eddie Brittain officiating. Active pallbearers, who are requested to assemble at the cemetery at 1:15 p.m., will be Ronald Dykes, G.C. Matlock, Carl Kearney. Joe Gregg, Joe Reid and Joe K. Reid II. Memorials may be made to Boones Creek Christian Church, 312 Boones Creek Christian Church Road, Gray, Tenn. 37615.
NOTE: Susan (Dykes) Matlock and Janine "Janie" Dykes were Jack's stepdaughters with his second wife, Jean (Kearney) (Dykes) Keefauver (1932-2019).
Last Edited | 28 July 2024 10:17:08 |
Father | Joseph Deadrick Keefauver, Sr. (b. 17 April 1861, d. 2 October 1917) |
Mother | Belle Hylton (b. December 1872, d. 23 March 1949) |
Pedigree Link |
Son | Dr. Lawrence Henry Reid, M.D. |
Son | Joseph Keefauver Reid+ |
FUNERAL NOTICE - Johnson City Press; April 20, 1993:
APPALACHIAN-HARTMAN FUNERAL HOME
Mrs. Ruby Keefauver Reid
Funeral services for Mrs. Ruby Keefauver Reid of 2012 Sherwood Drive, who died Monday, April 19, 1993, will be conducted Wednesday at 11 A.M. from the Boones Creek Christian Church with Charles Reese, Minister, officiating. Burial will follow in the Boones Creek Christian Church Cemetery. Active pallbearers, who are requested to meet at the church at 10:30 A.M. Wednesday will be Tom Torbett, Mike Lacy, Jim Martin, Leon Overbay, Jim Cox, Paul Onks, Dean Crumley, Ross Shipley, Bob Hall, Glen Davis, Bill Hull, David Saylor, Rickey Slagle and Jerry Slagle. In lieu of flowers the family requests that memorials be made to the Boones Creek Christian Church, 312 Boones Creek Christian Church Road, Gray, TN or to Appalachian Christian Village, 3012 Sherwood Drive, Johnson City, TN. There will not be a public visitation. Appalachian-Hartman Funeral Home, 800 East Watauga Avenue, Johnson City, is in charge of the arrangements.
Court Case & Decision:
COURT CASE - COURT OF APPEALS OF TENNESSEE, WESTERN SECTION, AT KNOXVILLE, June 12, 1984
WELDON FAW KEEFAUVER, ET AL, PLAINTIFFS/APPELLANTS, v. RUBY KEEFAUVER REID, ET AL DEFENDANTS/APPELLEES
WASHINGTON CHANCERY; HON. LEON JORDAN, Chancellor. (Tomlin, J. wrote and delivered the opinion. Nearn, P.J., W.S., Crawford, J.)
The plaintiffs have appealed from a decree of the Chancery Court of Washington County dismissing their complaint on the grounds that they failed to carry the burden of proof. The plaintiffs are beneficiaries under the will of Mary Keefauver, now deceased. By their action they sought to set aside certain inter vivos gifts by Mary, principally in favor of another relative, Joe Keefauver Reid. Their complaint also leveled charges of undue influence and abuse of her confidential relationship with Mary against Ruby Keefauver Reid, the sister of Mary and the mother of Joe Reid, and the executrix under Mary's will. The chancellor found that all the transactions sought to be set aside constituted valid gifts to Joe Reid by the decedent. He also found that the proof failed to establish that Ruby exercised any undue influence on Mary, nor did she abuse the confidential relationship that existed between them. Later, the chancellor awarded attorney fees to the attorneys for the plaintiffs, ordering the fees to be paid out of the estate on the grounds that the action as brought was an attempt to enhance the estate.
Both sides have appealed. As for the plaintiffs, the essence of their complaint on appeal is essentially that the evidence preponderates against the findings of the chancellor both as to the inter vivos gifts and as to the alleged abuse of the confidential relationship between Mary and Ruby. The defendants object to the awarding of attorney fees from the entire estate, contending that it was not a proper case for the awarding of attorney fees. For the reasons set forth below, we affirm the chancellor in all respects.
Many of the material facts are not in dispute. The principals in this litigation consist of seven siblings and their respective children. They are:
1. Mary Keefauver, decedent.
2. Jack Keefauver.
3. Joe Keefauver.
4. Kathleen Hill, 5% beneficiary under Mary's will.
5. Weldon Faw Keefauver, plaintiff and 20% beneficiary
(a) William Joseph Keefauver, plaintiff and 10% beneficiary
(b) Eleanor Keefauver, plaintiff and 6% beneficiary.
6. Louise Dyer, plaintiff and 10% beneficiary
(a) Charles Grayson Dyer, plaintiff and 10% beneficiary.
7. Ruby Reid, defendant, executrix and 30% beneficiary
(a) Joe Keefauver Reid, defendant
(b) Lawrence Henry Reid, 6% beneficiary.
Since the early 1940's, Mary and her two brothers, Jack and Joe, were partners in the Keefauver Brothers' angus farm in Jonesboro. Jack worked full time running the farm. Mary was employed full time at the Broyles Insurance Agency, of which she owned a one-half interest, and was nothing more than a "silent partner" in the farm. For most of this period in her life Mary resided in the family house on the farm. In 1949, Ruby and her two sons, Joe and Lawrence, came to live with Mary in the homeplace. The two boys grew up on the farm, and Ruby and Joe Reid were still living in the homeplace at the time of Mary's death.
In 1973, due to their advanced ages and due to failing health on the part of Jack and the increased responsibilities of operating a large cattle farm, Joe, Jack, and Mary decided to sell the farm. However, it was their desire to keep the farm in the family. It was first offered to one nephew who declined to assume its operation because he felt that he was financially unable to consummate the purchase. The brothers and sisters then approached four nephews about forming a partnership and taking over the farm. However, because of some inter-family differences, the nephews declined.
Ultimately, the trio sold the farm to Joe Reid. In the transaction, Joe Reid executed a promissory note in the amount of $104,000 to each of the three brothers and sisters, secured by deeds of trust on the farm. He also assumed a $50,000 note against the farm held by a local bank. The deed to Joe specifically reserved life estates unto Mary and Ruby in the house in which they lived.
On the same day of the closing, Mary, in writing, forgave $36,000 of the $104,000 principal due her on the note from Joe Reid and his wife. She filed a federal gift tax return for that year, but paid no tax on the gift, inasmuch as $30,000 of it was covered by her lifetime exemption, and $6,000 was exempt from taxation as a result of her annual exclusion.
On May 29, 1973, Mary executed her Last Will and Testament and listed as beneficiaries those siblings, nieces, and nephews listed above. However, it is significant to note that Joe Reid was not named as a beneficiary.
In 1974, Mary forgave Joe Reid and his wife another $6,000 due on the $104,000 note. Again, she filed a federal gift tax return for that year, but paid no tax. In that same year, as a result of a buy-sell demand submitted to her by the co-owners of the Broyles Insurance Agency, Mary became the sole owner of that agency. In order to purchase the 50-percent interest in the insurance agency, Mary borrowed $43,000 from brother Joe and sister Kathleen. This transaction took place in September, 1974. In that same month, for reasons not specifically spelled out in the record, Mary executed a general power of attorney in favor of her sister Ruby, which was never recorded.
In January, 1975, in fulfillment of her previously expressed desire to retire from business, Mary signed over and delivered to her nephew Joe Reid her entire interest in the insurance agency. Joe Reid in turn paid Mary $10,000, although he testified at trial that Mary wanted the agency to be a gift from her to him. Out of the operating revenues of the agency, Joe Reid also repaid Joe and Kathleen the $43,000, plus interest, that they had loaned Mary to purchase the 50-percent interest from her partner. After Joe Reid became the owner of Keefauver Farms, Mary also purchased $15,000 worth of farm equipment for him to use in the operation of the farm.
In September, 1977, Mary and her two brothers, Joe and Jack, agreed to release their mortgages on the farm, as well as surrender the promissory notes held by them, in exchange for annuities purchased for them by Joe Reid, issued by The Travelers Insurance Company. Mary's annuity called for her to receive $5,200 a year for ten years. This amounted to $10,000 less than the $62,000 then remaining due on the original note of $104,000. The release of the deeds of trust in exchange for the annuities was carried out by Ruby, utilizing her power of attorney, Mary being absent from the meeting. Mary suffered a stroke nine days after this transaction took place and was hospitalized. She subsequently died in January, 1978.
Following the admission of Mary's will to probate, the plaintiffs, all heirs under her will, filed this suit, seeking to void all of the aforementioned transfers and to receive the proceeds for the estate. As for the inter-vivos gifts, the plaintiffs sought to prove that Mary lacked the requisite intent to make valid gifts. They also sought to prove that Ruby's release of Joe Reid's deed of trust on the farm in favor of Mary, utilizing Mary's power of attorney, was an abuse of the confidential relationship between Ruby and Mary.
In dismissing the complaint, the chancellor found that there was no compelling testimony that Mary was incompetent prior to her stroke on September 15, 1977. He also found that Mary had independent advice consisting of frequent discussions over a period of time with her brothers Joe and Jack concerning the release of her mortgage on the farm in exchange for the annuity.
I. THE INTER-VIVOS GIFTS.
This case having been tried before the chancellors sitting without a jury, under our rules it comes to us with a presumption that the findings of the chancellor are correct. We review the case de novo upon the record, and unless we find that the evidence preponderates against these findings, absent an error of law, we must affirm. Tennessee Rule of Appellate Procedure 13(d).
As to this issue, we have reviewed the record, and we are of the opinion that not only does the evidence not preponderate against the chancellor's finding but it supports it. For instance, Jack and Joe, Mary's brothers, both disinterested witnesses, testified that Mary knew what she was doing at all times up to and including the release of the trust deeds on the farm in exchange for the annuities, with hers being released by Ruby. Joe also testified that he and his brother Jack were aware as far back as 1973 that Mary did not want a "full settlement" for her interest in the farm.
Furthermore, Ruby Reid testified that Mary was very competent until the last few months of her life. Kathleen Hill also testified that Mary's mental capabilities did not deteriorate badly until "right before she died." Both of these witnesses stood to benefit if the plaintiffs had been successful in their litigation.
In addition to the above, there were other witnesses who testified that Mary was aware of what she was doing when she initially sold her interest in the farm and immediately forgave $42,000 of the purchase price to Joe Reid. A strong evidentiary fact supporting the chancellor's finding that Mary was aware of what she was doing is that she executed her will at about the same time she forgave $42,000 in debt from Joe Reid. In that will all of her nieces and nephews were named as beneficiaries except Joe Reid. In our opinion, there is no further necessity to review the balance of the testimony on this issue which we resolve in favor of the defendants.
II. THE FIDUCIARY RELATIONSHIP AND THE POWER OF ATTORNEY.
It is the law in this state that when a fiduciary and confidential relationship exists, if the dominant party to the relationship receives a benefit from the other party, then a presumption of invalidity of the transfer bringing about the benefit arises. Richmond v. Christian, 555 S.W.2d 105 (Tenn. 1977). In order to rebut this presumption of invalidity, the dominant party is given the opportunity to show that the subservient party or the other party to the transfer had the benefit of independent advice. Mahunda v. Thomas, 402 S.W.2d 485 (Tenn. App. 1965).
The chancellor found that Mary had the benefit of independent advice in making these transfers. We cannot say that the evidence preponderates against this finding. Mary's brothers, Joe and Jack, as well as Mary's accountant, testified that there was much thought and discussion about the release of their trust deeds on the property in exchange for the insurance company annuities. This issue is also resolved in favor of the defendants.
III. ATTORNEY FEES.
In considering the awarding of attorney fees in situations such as the one before us, the law in Tennessee is that "the test by which the question is to be determined is whether the services rendered enure to the benefit of the entire estate as distinguished from services that enure to the benefit of one or more of the individuals interested in the estate or trust." Gilpin v. Burrage, 216 S.W.2d 732, 736 (Tenn. 1948). See also Third National Bank v. Cohn, 254 S.W.2d 741 (Tenn. 1953); Pierce v. Tharp, 455 S.W.2d 145 (Tenn. 1970); and 2 Pritchard on Wills and Estates (4th ed. 1983) § 843, pp. 455-6. Clearly, the services rendered by the attorneys for the plaintiffs enured to the benefit of the entire estate, since all of the beneficiaries under Mary's will would have benefited from any recovery by the plaintiffs. The chancellor did not err in decreeing that attorney fees for the plaintiffs' attorneys should be taxed against Mary's estate.
The decree of the trial court is affirmed. Costs in this cause are taxed to the plaintiffs, for which execution may issue, if necessary.
NEARN, P.J., W.S., CRAWFORD, J.
Last Edited | 28 July 2024 10:22:27 |
Pedigree Link |
Son | Dr. Lawrence Henry Reid, M.D. |
Son | Joseph Keefauver Reid+ |
Last Edited | 28 July 2024 11:02:04 |
Pedigree Link |
Son | Willard Alvin Hill, Jr. (b. 1918, d. 12 June 1944) |
; License issuance listed in the 24 DEC 1940 edition of The Cincinnati Enquirer. They were both "of Toledo, Ohio". Alvin was first married to Dorothy Brown in 1915, in Indiana. They had children Willard Jr. (1918-1944) and Robert William (1920-1982). Willard Sr. and Dorothy were separated and divorced before the April 1940 census when they were listed in separate locations, unmarried.
Obituary -- Press-Chronicle, Johnson City, Tennessee;, February 28, 1961:
WILLARD A. HILL
Willard A. Hill, 70, of Rt. 4, Jonesboro, died Monday afternoon in Memorial Hospital after a brief illness.
A native of Toledo, Ohio, he moved to the Boones Creek community upon retirement in 1946 from the Ohio State Highway Department.
He was a member of Boones Creek Christian Church.
Survivors include the widow, Kathleen Keefauver Hill; one son, Robert W. Hill, of New Orleans, La.; two grandsons, James and Peter Hill, both of Toledo.
Appalachian Funeral Home is in charge.
FUNERAL NOTICE - Press-Chronicle, Johnson City, Tennessee; February 28, 1961:
HILL, WILLARD A. - Funeral services for Willard A. Hill, age 70, of Route 4, Jonesboro who died in Memorial Hospital Monday afternoon, will be held 2:30 p.m. Wednesday from the Boones Creek Christian Church with Arthur Edwards, minister officiating. Interment in the church cemetery. Acting pallbearers will be selected from friends attending the service. The body will remain in the Appalachian Funeral Home Chapel where the family will receive friends from 7 'til 9 p.m. Tuesday and will be removed to the church one half hour before services. In the lieu of flowers the family requests those wishing to contribute memorials do so by way of contribution the the Johnson City Emergency & Rescue Squad.
Appalachian Funeral Home is in charge.
OBITUARY - (from Toledo, Ohio)
Willard Alvin Hill, 70, formerly of the 2100 block of Maplewood Avenue, died yesterday in Jonesboro, Tenn., where he had lived 15 years.
Mr. Hill was with the state highway department in Toledo for 15 years, retiring in 1946 as a construction engineer.
He is survived by his wife, Kathleen; son, Robert, New Orleans, La., and two grandchildren.
Services and burial will be tomorrow in Jonesboro.
Last Edited | 8 July 2024 08:45:09 |
Father | Willard Alvin "Bill" Hill (b. 2 December 1890, d. 27 February 1961) |
Pedigree Link |
His B-24 was on mission to Rennes, France when it was hit and badly damaged by enemy flak and fighters. The plane crashed near Charles de Bretange, France. Of the crew of ten, three men were killed in the crash, two were shot and killed as they parachuted, one was taken prisoner and four evaded capture, making their way back to friendly lines.
NEWSPAPER ARTICLE - August 1, 1944
Lieut. William (sic) Hill
Missing in France
Lieut. Willard A. Hill, Jr., 26, son of Willard A. Hill, 2154 Maplewood Ave., has been missing in action since June 12, his family has been informed. Lieutenant Hill, whose wife and two children live in 136 Rosalind Pl., is the pilot of a B-24 bomber.
Lead plane in a group of three taking part in raids over occupied France, Lieutenant Hill's plane went down after its engines were shot out by enemy fire, his squadron Commander wrote Mrs. Hill recently.[:CR}.
Last Edited | 18 June 2021 00:00:00 |
Father | Robert Lee Keefauver (b. 15 September 1869, d. 21 July 1948) |
Mother | Sarah F. Bacon (b. 9 January 1871, d. 31 July 1948) |
Pedigree Link |
Daughter | Mary Florence Keefauver+ (b. 5 May 1920, d. 11 December 2002) |
Son | William Henry Keefauver (b. 11 January 1930, d. 15 August 1990) |
Daughter | Dorothy Dolene Keefauver+ (b. 22 October 1934, d. 2 September 2017) |
Obituary -- (Findagrave.com):
William Henry Keefauver was the son of Robert Lee "Buck" and Sarah "Sallie" Bacon Keefauver. He married Willie Rose Martin daughter of John Sevier Martin.
Children of William "Bill" Henry and Willie Rose Martin Keefauver:
1. Mary Florence Keefauver
2. Billy Jack Keefauver
3. Bobby Lee Keefauver
4. Dolene Keefauver
5. Donald Keefauver
Funeral services for Mr. William Henry Keefauver, 62, of Sulphur Springs, who died Sunday in Jonesboro Hospital after a long illness, were held this afternoon at Sulphur Springs Baptist Church with Rev. Frank Lethcoe and Rev. Frank Mason officiating. Burial was in Sulphur Springs Cemetery. Dillow-Taylor was in charge.
Survivors include the widow, Mrs. Willie Martin Keefauver; two daughters, Mrs. Opie Woodruff, Baltimore, Md., and Mrs. John T. Barnes, Telford; a son, Jack Keefauver, Fort Worth, Tex; two sisters, Mrs. John Droke, Jonesboro, and Mrs. Fred S. Crouch, Johnson City; two brothers, Robert Keefauver, Jefferson City, and Clarence Keefauver, Sulphur Springs; and four grandchildren.
Jonesborough Herald & Tribune
Wednesday Feb 3, 1960.
Last Edited | 18 June 2021 00:00:00 |
Pedigree Link |
Son | William Henry Keefauver+ (b. 1 November 1897, d. 31 January 1960) |
Last Edited | 18 June 2021 00:00:00 |
Pedigree Link |
Son | William Henry Keefauver+ (b. 1 November 1897, d. 31 January 1960) |
Last Edited | 18 June 2021 00:00:00 |
Father | William Henry Keefauver (b. 1 November 1897, d. 31 January 1960) |
Mother | Willie Irene Rose Martin (b. 2 December 1901, d. 11 May 1987) |
Pedigree Link |
Eulogy from the Grapevine, newsletter of the Rowan Company:
Eulogy from the Grapevine, the Rowan Company Newspaper:
Romeo Delta's Front Line
Rowan Chief Pilot and Vice President of RDC Marine, Inc, division, Jack Keefauver, died in the Gulf Stream I accident on August 23. He was a man of unfailing generosity, unquestioned professionalism and ability, with a talent for employee motivation.
Besides his job, transporting everyone from Rowan's rookie roustabouts to top executives and high level corporate guests, Jack Keefauver was always quick to ascertain certain needs of his travelers, some of whom may have reluctantly left their families to earn their living with Rowan overseas. They could count on words of encouragement from Jack. Everyone was glad to see him onboard.
Jack Keefauver had an abiding interest in Rowan's aircraft. In addition to the maintenance and care of the aircraft, for which he had a strong background, he also cared about the little things that company passengers took for granted - photographs, artwork and decor, magazine selections and refreshments. Jack Keefauver took pride and an active part in everything he did. He prided himself in keeping up with technology and was proficient in use of personal computers in many aspects of his job in corporate aviation. As time permitted he also offered valuable assistance to personal computer users throughout Rowan Companies, including helping select and install software used to produce Rowan's company magazine, the Grapevine.
Jack and wife, Lea, besides being welcome faces at Rowan, took an interest in upbringing of a young girl, Jennifer Lemus.
In his eulogy Rowan Chairman and President C. R. Palmer detailed the qualities by which Jack Keefauver made a lasting impact on our company.
"For 25 years Jack Keefauver and I dreamed the impossible dream and made it happen. As Rowan's Aviation Department progressed from one Twin Beech -- that was the ugliest airplane you ever saw, tan and black with red and white trim -- to a fleet of magnificent aircraft, our business mission had as a primary purpose: to support Rowan's worldwide operations. And the drilling crews were first priority.
The call sign "Romeo Delta" became our passport into the future and was welcomed at airports in many lands.
It would not have happened without Smiling Jack.
Jack was more than a pilot. Some have said he was a pilot's pilot. But there was so much more.
Jack was gifted with rare insight and possessed a deep concern for the well being of his co-workers. He was respected by all that knew him. Those of us, who knew him, knew him well as a teacher, and enthusiastic and tireless worker and more importantly as a true and trusted friend.
As we say farewell, I am conscious of the thought, 'Therefore, never send to ask for whom the bell tolls; it tolls for thee and me.'" (John Donne quoted by Earnest Hemingway, For Whom The Bell Tolls.)
Last Edited | 19 June 2021 00:00:00 |
Pedigree Link |
Lea requested the following poem be read at her funeral:
At Lea's funeral, she wanted the following poem read:
I'M Free
Don't grieve for me now I'm free
I'm following the path God laid for me.
I took His hand when I heard him call;
I turned my back and left it all.
I could not stay another day,
To laugh, to love, to work or play.
Tasks left undone must stay that way;
I found that place at the close of day.
If my parting has left a void,
Then fill it with remembered joy.
A friendship shared a laugh, a kiss;
Ah yes, these things, I too will miss.
Be not burdened with times of sorrow
I wish you the sunshine of tomorrow.
My life's been full, I savored much;
Good friends, good times, a loved ones touch.
Perhaps my time seems all to brief;
Don't lengthen it now with undue grief.
Lift up your heart and share with me,
God wanted me now, He set me free.
Author: Linda Jo Jackson.
Last Edited | 18 June 2021 00:00:00 |
Father | William Henry Keefauver (b. 1 November 1897, d. 31 January 1960) |
Mother | Willie Irene Rose Martin (b. 2 December 1901, d. 11 May 1987) |
Pedigree Link |
Son | Billie Eugene Woodruff+ (b. 25 April 1939, d. 1 July 2010) |
Daughter | Ruth Delores Woodruff |
Son | David L. Woodruff |
Last Edited | 18 June 2021 00:00:00 |