United States Federal Census

1880 Knox County Kentucky Federal Census Poplar Creek Ed 52 page 52D
(Stephen, below, was first child and son of Andrew and Mary Gibson McCoy, grandson of John and Nancy Hatfield McCoy. Stephen has wed Martha Angeline Hamblin and begun his own family near the residence of his widowed mother)
dw#447/fm#458 McCoy
Stephen G 24 Head Farmer TN TN TN
Martha A 19 Wife Keeping House KY KY KY
Benjamin F. 3 Son KY KY KY
Mary C. 1 Daughter KY KY KY
Potter
Sarah 22 Servant Domestic Service KY KY KY
Morlena 5/12 Jan Boarder KY KY KY
image



1900 Knox County Kentucky Federal Census Page Poplar Creek Ed 68 page 11A
(Mary, below, was second child and first daughter of Stephan and Martha Hamblin McCoy, granddaughter of Andrew and Mary Gibson McCoy, great granddaughter of John and Nancy Hatfield McCoy. She married Ralph Girdner and has established her own family)
dw#195/fm#195 Girdner
Ralph Head Dec 1875 24 marr 5 yrs KY KY KY Farming
Mary Wife Feb 1880 marr 5 yrs 3chld/3lvng KY KY KY
William Son Sept 1896 3 KY KY KY
Lorane Daughter Nov 1897 2 KY KY KY
Sarah H Daughter Aug 1899 3/4 KY KY KY
image

1910 Knox County Kentucky Federal Census Poplar Creek Ed 116 page 8A
(Mary, nee McCoy, below, was second child and 1st daughter of Stephen and Angeline Hamblin McCoy, granddaughter of Anrew and Mary Gibson McCoy, great granddaughter of John and Nnacy Hatfield McCoy. She wed Ralph Girdner in 1895 and is recorded here with her growing family)
dw#132/fm#132 Girdner
Ralph Head 36 married once 14 yrs KY KY KY Farmer Home Farm
Mary Wife 30 married once 14 yrs 8 chld/7 lvng KY KY KY
Will T Son 14 Laborer Home Farm KY KY KY
Lorain Daughter 12 KY KY KY
Sarah N Daughter 10 KY KY KY
Stephen Son 8 KY KY KY
Ledford Son 7 KY KY KY
Ottis Son 5 KY KY KY
Alton B Son 1 5/12 OK KY KY
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1930 Adair County Oklahoma Federal Census Bunch Ed 3 page 5A
(Mary, nee McCoy, below, was second child and 1st daughter of Stephen and Angeline Hamblin McCoy, granddaughter of Anrew and Mary Gibson McCoy, great granddaughter of John and Nnacy Hatfield McCoy. She wed Ralph Girdner in 1895 and is recorded here with her growing family)
dw#78/fm#81 Girdner
Ralph Head 50 married first age 20 KY KY KY Farmer General Farm
Mary Wife 45 married first age 16 KY KY KY
Stev Son 27 KY KY KY Laborer General Farm
Otie Son 21 KY KY KY Laborer General Farm
Shelbly Son 17 KY KY KY Laborer General Farm
Buelah Daughter 14 KY KY KY
Barney Son 12 KY KY KY
Bryan Son 10 OK KY KY
Mary Daughter 8 OK KY KY
Charley Son 6 OK KY KY
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1900 Knox County Kentucky School Census District
UPPER POPLAR CREEK - DISTRICT #24

Parent or Guardian Children Age

Ralph Girdner
W. M. T. Girdner 6

1904 Knox County Kentucky School Census
White School Census-District 18

Ralph Girdner
W. M. T. Girdner 8, Losan(?) Girdner 6, Sarah N Girdner 6

Sequoyah County Times
Thursday, November 7, 2002

Funeral services for Frank D. GIRDNER, 60, of Sallisaw, were held at 2 p.m., Tuesday, at the Blunt Baptist Church north of Sallisaw, with Revs. Leroy Reid and Robert L. Polvado officiating. Burial was in Sallisaw City Cemetery, under the direction of Agent Funeral Home of Sallisaw. Mr. GIRDNER was born on Jan. 1, 1942, in Stilwell, to Alton Ben GIRDNER and Lillian Gail (STEVENSON) GIRDNER. He died Saturday, Nov. 2, 2002, in Tulsa. Mr. GIRDNER married Glenna RAPE on Nov. 10, 1962, in Stilwell. Survivors include his wife, Glenna of the home; one son and daughter-in-law, Darren Frank and Kimberly; one daughter and son-in-law, Johnna Nicole (GIRDNER) and Jeffery L.; two grandsons; four sisters, Mary �Dixie�, Alene, Sue and Joyce; two brothers, Bill and Bryan; and several nieces, nephews, cousins and other relatives and friends. He was preceded in death by one brother, Alton Ben GIRDNER; and his parents.

Kentucky Birth Collection, 1852-1999

Name: Shelby Girdner
Date of Birth: 26 Feb 1911
County: Knox
Mother's name: Mary McLeoy
Volume Number: 20
Certificate Number: 7623
Volume Year: 1911

Name: Angeline S Girdner
Date of Birth: 27 Jan 1913
County: Marion
Mother's name: Mary McCoy
Volume Number: 9
Certificate Number: 4104
Volume Year: 1913

Name: Barney Girdner
Date of Birth: 17 Sep 1914
County: Boyle
Mother's name: Mary McCoy
Volume Number: 88
Certificate Number: 43892
Volume Year: 1914

Social Security Death Index Record

Name: William Girdner SSN: 442-36-9372
Last Residence: 74464 Tahlequah, Cherokee, Oklahoma
Born: 27 Sep 1896 Died: Sep 1976
State (Year) SSN issued: Oklahoma (1953-1954)


Name: Charley F. Girdner SSN: 446-28-9116
Last Residence: 74960 Stilwell, Adair, Oklahoma
Born: 6 Sep 1922 Died: 8 Mar 1994
State (Year) SSN issued: Oklahoma (Before 1951)


Name: Barney Girdner SSN: 442-16-6500
Last Residence: 74931 Bunch, Adair, Oklahoma, United States of America
Born: 17 Sep 1914 Died: Oct 1976
State (Year) SSN issued: Oklahoma (Before 1951)


Name: Ledford Girdner SSN: 443-03-7273
Last Residence: 74127 Tulsa, Osage, Oklahoma, United States of America
Born: 19 Dec 1903 Died: Oct 1993
State (Year) SSN issued: Oklahoma (Before 1951)


Name: Shelby Girdner SSN: 443-18-1746
Last Residence: 74960 Stilwell, Adair, Oklahoma
Born: 26 Feb 1911 Died: Jun 1994
State (Year) SSN issued: Oklahoma (Before 1951)


Name: Odis Girdner SSN: 447-10-4078
Last Residence: 74960 Stilwell, Adair, Oklahoma, United States of America
Born: 16 Nov 1904 Last Benefit: 74105 Tulsa, Tulsa, Oklahoma, United States of America
Died: Dec 1980 State (Year) SSN issued: Oklahoma (Before 1951)


Name: Alton Girdner SSN: 444-18-0782
Born: 26 Nov 1908 Died: Mar 1960
State (Year) SSN issued: Oklahoma (Before 1951)


Name: Lillie B. Girdner SSN: 447-30-0322
Last Residence: 74464 Tahlequah, Cherokee, Oklahoma
Born: 21 Feb 1932 Died: 26 Jun 2006
State (Year) SSN issued: Oklahoma (Before 1951)


Name: Bill R. Girdner SSN: 442-26-3099
Last Residence: 74471 Welling, Cherokee, Oklahoma
Born: 4 Oct 1928 Died: 28 Feb 2005
State (Year) SSN issued: Oklahoma (Before 1951)

Bunch Cemetery Photos from Adair County Oklahoma

(The links to the cemetery photos will take you off site. Use your "back" button to return here)

Photo of headstone for
Ralph Girdner and Mary McCoy

Photo of headstone for
Otis Girdner

Photo of headstone for
Alton Ben Girdner and Lillian Gail Stevenson McCoy

Photo of headstone for
Bulah Girdner

Photo of headstone for
Barney Girdner

Photo of headstone for
Bryan Girdner

Photo of headstone for
Charley F. Girdner

GIRDNER v. GIRDNER
1959 OK 50
337 P.2d 741
Case Number: 38102
Decided: 03/31/1959
Supreme Court of Oklahoma
Cite as: 1959 OK 50, 337 P.2d 741

BRYAN GIRDNER AND JEWEL GIRDNER, PLAINTIFFS IN ERROR,
v.
ALTON GIRDNER, ADMINISTRATOR OF THE ESTATE OF R. GIRDNER, DECEASED, AND W.T. GIRDNER, ADMINISTRATOR OF THE ESTATE OF MARY C. GIRDNER, DECEASED, DEFENDANTS IN ERROR.

Syllabus by the Court.

�0 1. Where a party holds land by deed reserving a life estate in grantors, he has an insurable interest on improvements thereon, and insures against loss by fire, paying premium from his own funds, and loss occurs, in the absence of a contrary agreement, he is entitled to the proceeds of such insurance against one who claims conveyance null and void, and only a conveyance in trust to be held for the benefit of grantor, which claim is sustained by judgment of trial court.

2. An insurer is the only party who can raise question of insurable interest, and if insurer waives question of interest and pays money to named beneficiary, or into court, neither personal representative nor creditors can claim proceeds on grounds of beneficiary's lack of insurable interest.

3. Where a person receives money from another under an agreement to pay out such money for the principal, for some particular purpose, a trust relation arises between the parties to the transaction.

4. On conflicting evidence it is for the trier of facts to determine on a questioned deed whether there has been forgery in its execution and whether genuine and also to determine whether grantor had mental capacity to execute it.

5. On appeal in an equity case this Court will examine and weigh all the evidence, but will not reverse the judgment because of the insufficiency of the evidence unless if finds that the judgment is against the clear weight of the evidence, in whole or in part, but if found to be against the clear weight in any part it will render or cause to be rendered such judgment as should have been rendered.

Appeal from District Court of Adair County; Andrew Wilcoxen, Judge.

Action by Alton Girdner, administrator of the estate of R. Girdner, deceased, against Bryan Girdner, Steve Girdner and Shelby Girdner, praying for judgment that certain lands conveyed by R. Girdner and wife were to be held in trust for the benefit of grantors, their heirs and assigns. Mary Girdner, surviving wife of R. Girdner, was adjudged incompetent and later died intestate. Her administrator intervened and prayed for judgment. Both administrators sought judgment for cash and other personal property, alleged to be held by Bryan Girdner, but in fact the property of R. Girdner and his heirs. Judgment was rendered for the plaintiff and intervenor as prayed for against Bryan Girdner and wife and they have appealed. Affirmed in part and reversed in part.

Roy Frye, Sr., Roy Frye, Jr., Paul V. Carlile, Sallisaw, for plaintiffs in error.

G.O. Grant, Stilwell, Jack Bliss, Successor to Bliss & Bliss, Tahlequah, W.S. Agent, Sallisaw, for defendants in error.

HALLEY, Justice.

�1 This action was commenced by Alton Girdner, administrator of the estate of R. Girdner, deceased, who died January 26, 1954, naming Bryan Girdner, Steve Girdner and Shelby Girdner as defendants. It was alleged that during the life of R. Girdner he had executed certain deeds conveying to defendants lands in Adair County, to be held by grantees in trust for the grantor, his heirs and assigns. It was also alleged that R. Girdner had turned over to Bryan Girdner certain sums of money to be held for the benefit of the heirs of R. Girdner, and had also turned over to Bryan Girdner personal property to be held upon the same basis, including cash, and that Bryan Girdner had also collected and still held insurance money paid for the fire loss of a dwelling located upon the land mentioned, and that Bryan Girdner refused to turn any of such property over to the plaintiff.

�2 On September 30, 1955, the court rendered judgment for plaintiff but this judgment was set aside May 23, 1956, when the court sustained a motion of Bryan Girdner for a new trial.

�3 January 3, 1957, Mary Girdner died intestate and W.F. Girdner was appointed administrator of her estate and intervened in this action, alleging generally the same facts alleged by the administrator of her deceased husband. Mary Girdner had previously been declared incompetent and a guardian had been appointed.

�4 On November 16, 1956, a second hearing was had and it was agreed that the evidence previously introduced should be considered and additional evidence was introduced. The court made findings of fact and conclusions of law, which will be considered later. The judgment rendered is in general against Bryan Girdner, and he has appealed. The parties will be referred to by name, or as they appeared in the trial court.

�5 It appears that about 1916 R. Girdner purchased a tract of 190 acres in Adair County. This land became the homestead of R. Girdner and wife, Mary Girdner, and continued as their homestead until the death of Mary Girdner in 1957. These parents had 12 adult children living when this action was filed. In 1942 Bryan Girdner entered the Army and remained in the service until 1945. He made an allotment to his father during that time and sent him some money orders. Bryan Girdner testified that before he entered the service his father told him the home place was to be his when he returned; and that when he returned his father gave him a deed to the 190 acres, which he did not file for record until 1949. This deed was dated November 1, 1942.

�6 In 1946, R. Girdner and Mary Girdner applied to the State Department of Public Welfare for old age assistance. These applications were approved effective June 1, 1946, and each received $30 per month until April, 1949, or a total of about $2,500. About five months later the warranty deed they had given to Bryan Girdner conveying the 190 acre tract was filed for record. It retained a life estate in the grantors. The Department of Public Welfare had filed an action to recover what it had paid to R. Girdner and wife, and included Bryan Girdner as a defendant, whose attorney wrote to Charles Girdner as follows:

"Dear Charley:

"The Department of Public Welfare is suing your father and mother and also suing your brother, Bryan, for $2,545, and are attempting to set aside a deed on a 190 acres of land that your father and mother made to Bryan, in 1942.

"This deed was acknowledged before Mr. Dornback, a Notary Public at Stilwell and it also shows that you were a witness to the deed. The deed is dated, November 1, 1942, and your father and mother reserved life estate in this land.

"I would like for you to write me what you remember about this deed, and if you remember whether it was about November, 1942, * * *"

�7 In August, 1953, Bryan Girdner wrote to his brother Charles Girdner at Klamath Falls, Oregon, as follows:

" * * * Charley about the place. The day the House burned The State & Welfare Department filed a suit against Paw & Mama Steve & me. So I went Down to Paul Carlile & took The Petition They filed & my Deed Paw & Mama made me and your name was on it as a witness So since Mama has got sick & can't Testsy & Dornback is Dead. The state is trying to take the place away from me for what Paw & Mama drawed while they was on the old age pension. Says It was a falce deal between me & Paw & Mama. So I told Paul Carlile that Paw & Mama made me a Deed in 1942 and I sent them alotment while I was over seas. That they wanted me to have the place. That it was mine & wasn't no false deed so you write & tell him the same thing So the State can't take it & The Insurance Company will half to pay The Insurance So I can build them a house back & give it to Paw. It is his & not mine and it is in my name, but Don't let anybody Read this & tare it up when you get thro with it. Don't let Bug and Alton now anything about this. If anything halpen Ill let you know.

"By Bryan"

�8 The last letter quoted indicates that Bryan Girdner did understand that the deed to him in 1942 did not convey the 190 acre tract to him, subject only to the life estate reserved to his father and mother. In their applications for old age assistance they both said they owned this land, but each also said they had conveyed no assets during the preceding five years, but five years had not elapsed from the date of that deed.

�9 The court found and concluded, among other things that:
�10 the deed by R. Girdner and wife to Bryan Girdner, dated November 1, 1942, conveying the entire 190 acres, but reserving a life estate in the grantors, was null and void for reasons later discussed and that the deed from R. Girdner and wife to Bryan Girdner, dated July 26, 1951, and unrecorded, was void because Mary Girdner was incompetent and her signature thereon was a forgery, but found that later deeds by R. Girdner and wife were valid, to wit:

�11 (a) Deed dated July 2, 1946, to Shelby Girdner and wife conveying 10 acres of the 190 acre tract;

�12 (b) 25 acres conveyed December 6, 1948, by R. Girdner and wife to Shelby Girdner, and

�13 (c) 20 acres conveyed by R. Girdner and wife to Steve Girdner August 28, 1948.

�14 The court gave plaintiffs judgment against Bryan Girdner for $200 for livestock of R. Girdner taken over by Bryan Girdner and a judgment for $6,740, which included cash delivered by R. Girdner to Bryan Girdner prior to the death of R. Girdner. This item included $2,850 collected by Bryan Girdner on an insurance policy covering the dwelling destroyed by fire.

�15 Upon motion for a new trial being overruled Bryan Girdner and wife, have appealed to this Court. Some fifteen assignments of error were submitted under four propositions, which are as follows:

"The court erred in his findings of facts and judgment that the defendant, Bryan Girdner, was given the sum of $3890.00, in cash, for safe keeping and not as a gift, when the undisputed evidence discloses that defendant, Bryan Girdner held said money in trust and complied with the terms of said Trust. "The court erred in his finding of facts and judgment that the plaintiff administrator was entitled to a judgment for the sum of $2850.00, collected on a fire insurance policy issued to Bryan Girdner on a house located on the real estate involved in this action, the premium of which had been wholly paid by Bryan Girdner from his own funds as remainderman.

"The court erred in his finding of facts and judgment that the deed dated July 26, 1951, and unrecorded from R. Girdner and Mary C. Girdner to Bryan Girdner, was void for the reason of incompetency of Mary C. Girdner and that her signature was a forgery.

"The court erred in his finding of facts and judgment that the deed to 190 odd acres from R. Girdner and Mary Girdner, reserving a life estate, dated November 1, 1942, and recorded in Book 87 on page 290 of the records of Adair County was a forgery on the part of Mary Girdner and that was an attempt to convey the base legal title to said real estate in trust."

�16 Bryan Girdner complains of the finding that the $3,890 turned over to him by his father was for safe keeping and not as a gift, because the evidence discloses that Bryan Girdner held the money in trust and fully complied with the terms of the trust. He testified that his father gave him the amount named on two occasions in cash from his father's money belt, and told him that in the event of R. Girdner's death Bryan should use the money to pay his hospital bill, medical expense and funeral expenses and use the balance to take care of Bryan's mother, and that Bryan complied fully with his father's instructions, and in fact paid out $10 more than the amount received.

�17 We note, however, that three of Bryan's brothers, Otis, Charley and Alton Girdner, all testified that after the death of their father they discussed the matter of this money of their father and that it was agreed that this money would be deposited in the bank in the name of three of R. Girdner's sons, and Bryan never mentioned the above instructions of R. Girdner to Bryan. We will not say that Bryan was required to speak up under the circumstances.

�18 There is no question but that a trust may be created under the above facts. Section 175.2 [60-175.2], 60 O.S. 1951, provides that a trust may be created for any purpose or purposes for which a contract may be made. In Carson v. Harrod, 91 Okl. 62, 215 P. 929, the rule is announced in the first paragraph of the syllabus as follows:

"Where a person receives money from another under an agreement to pay out such money for the principal, for some particular purpose, a trust relation arises between the parties to the transaction."

�19 It is provided in the Oklahoma Trust Act, 60 O.S. 1951 � 175.6 [60-175.6] as follows:

"A trust may be created by:

* * * * * *

"B. A transfer inter vivos by the owner of property to another person as trustee for the transferor or for a third person; * * *"

�20 There is no requirement that the trust be in writing and Clause F of this Section provides that no trust in relation to real estate shall be valid unless in writing. This shows that trusts involving personal property need not be in writing. We held in Barnes v. Barnes, Okl., 280 P.2d 996, that 60 O.S. 1951 � 172 [60-172] did not apply to personal or express trusts but only to business trusts.

�21 Under the above cases the money held by Bryan Girdner was held in trust. He was obligated to use it for the purposes directed by his father, whose direction extended beyond his lifetime, for Bryan was directed to use whatever remained after his father's death in taking care of the mother and paying certain obligations. Bryan Girdner testified that he complied with these directions. We do not think that this has been clearly denied and he should be relieved of the obligation to repay it to the estates of his father and mother.

�22 The case of Sauls v. Whitman, 171 Okl. 113, 42 P.2d 275, relied upon by plaintiffs, is not applicable to this case because it was adopted before the passage of the Oklahoma Trust Act.

�23 Propositions 3 and 4 are discussed together by the defendants. Plaintiffs complain that the trial court erred in finding that the deed by R. Girdner and wife to Bryan Girdner, dated November 1, 1942, reserving to grantors a life estate, was a forgery as far as Mary Girdner was concerned and was an attempt to convey the base legal title to the 190 acres in trust.

�24 In proposition 3 it is contended that the court erred in finding that the deed dated July 26, 1951, and not recorded, from R. Girdner and Mary Girdner to Bryan Girdner was void because Mary Girdner was then incompetent and further that her signature was a forgery.

�25 It is admitted that the land involved in these conveyances constituted the homestead of R. Girdner and wife Mary Girdner and that Article 12, Section 2 of our Constitution provides no conveyance of the homestead, shall be made without the consent of his or her spouse, in the manner provided by law, and Section 4 [16-4], 16 O.S. 1951, provides as follows:

"* * * no deed, mortgage or contract relating to the homestead exempt by law, except a lease for a period not exceeding one (1) year, shall be valid unless in writing and subscribed by both husband and wife, where both are living and not divorced, or legally separated, * * *"

�26 The deed dated November 1, 1942, was not recorded until 1949. Charley Girdner's name appears as a witness, but he testified that he did not sign as a witness. Shelby Girdner, Alton Girdner and Mrs. Lourine Girdner Hendrickson testified that the genuine signature of Mary Girdner did appear on two other deeds introduced in evidence. Defendants did not contend otherwise, and a comparison of the admitted signatures is strong evidence that Mary Girdner did not sign the deed of November 1, 1942. Charley Girdner was positive that his signature as a witness on the deed of November 1, 1942, was a forgery. The evidence is conflicting and we find that there is competent evidence to support the finding of the court that the signature of Mary Girdner on the deed of November 1, 1942, is a forgery, and is sufficient to support such a finding as to the deed dated July 26, 1951, because at that time Mary Girdner was incompetent.

�27 In Stanfield v. Lincoln, 150 Okl. 289, 1 P.2d 387, it is said:

"Forgery is a fact to be established as any other fact, and, where a jury has passed upon the question and there is any evidence in the record reasonably tending to support the verdict, the same will not be disturbed by the Supreme Court on appeal."

�28 Again in 26 C.J.S. Deeds � 70, p. 795, it is said:

"On conflicting evidence, it is for the jury or trial court to determine questions of fact, as with respect to * * * forgery and the genuineness of the deed, * * *. So also it is for the trier of the facts, on conflicting evidence, to determine questions with respect to the * * * mental capacity of the grantor to execute it * * *."

�29 As to the incompetency of Mary Girdner on July 26, 1951, Alton Girdner, Lourine Girdner Hendrickson, Shelby Girdner and Mrs. Alton Girdner testified that Mary Girdner was incompetent July 26, 1951. There was some question as to when she became incompetent but there is competent evidence to sustain the finding and judgment of the court.

�30 Did the court err in finding that Bryan Girdner should be required to account for the proceeds of the fire insurance policy for the loss of the dwelling on the 190 acre tract? Bryan Girdner testified that he paid from his own funds the insurance premiums on the policy, and that while the house was first insured by his father, the insurance was transferred to him when it was learned by the insurer that the property had been conveyed to Bryan Girdner, reserving a life estate.

�31 Was the insurance premium paid on the property of Bryan Girdner or should he be required to account for this money to the administrators of the estate of R. Girdner and wife? Bryan Girdner testified that when he went into the Army he gave his father about $700 and a pickup truck. When asked if he paid any consideration for the deed from his father, dated November 1, 1942, he answered that he made an allotment to his father while he was in the service and sent several money orders to his father of $100 each. He testified that his father told him he wanted him to have the home place when he got back from the Army. Also, that he did not record the deed for fear it would cause trouble on the homestead exemption.

�32 The general rule is announced in 29 Am.Jur., Insurance, 306, as follows:
"As soon as any interest in property vests in the vendee, he has an insurable interest therein, as in the case of a vendee under an executory contract of purchase which operates to vest in him an equitable title to the property. This is true even though the contract is voidable for fraud, since the fact that the contract is thus voidable does not affect the interest transferred and the contract operates until it has been rescinded. * * *"

�33 Under the facts and circumstances before us we believe that Bryan Girdner is entitled to retain the proceeds of the insurance policy, despite the fact that the deed of November 1, 1942, has been declared null and void. When he paid for the insurance policy he held and had recorded a deed to the property. He had an insurable interest in the property and the insurance company had paid him the proceeds.

�34 The judgment is affirmed as to the two hundred dollars for the livestock and the real estate involved herein but is reversed as to the $2,850 insurance money and the $3,890 placed with Bryan Girdner from his father's money belt.

�35 DAVISON, C.J., WILLIAMS, V.C.J., and WELCH, BLACKBIRD, IRWIN and BERRY, JJ., concur.

�36 JACKSON, J., concurs in part and dissents in part.

(excerpt from) McCASLAND
v.
BOARD OF COM'RS OF ADAIR COUNTY

2 The counts upon which the defendant was convicted are as follows: Count 2, being that McCasland, as sheriff, permitted one Led Girdner to run at large during the time he was ordered committed to the county jail for violation of the liquor law; count 3, being that McCasland, as sheriff, permitted one Charley Worley to run at large during the time he was committed to the county jail for a violation of the liquor law; count 10, being that McCasland retained one Led Girdner as deputy sheriff in his office during the time the said Led Girdner was under a sentence for violation of the liquor law and under commitment to serve a term of 30 days in said county jail and pay a fine of $ 50....

...22 We think there was sufficient evidence to warrant the jury in concluding, under counts 2 and 3, that the defendant McCasland was guilty as charged. We doubt the sufficiency of the allegations in count 10, standing alone, to warrant the judgment rendered thereon. Count 10, as heretofore recited, charges that McCasland retained one Led Girdner as deputy sheriff in his office during the time that Girdner was under judgment and sentence. The mere act of retaining Girdner as a deputy sheriff after his conviction, while censurable, is not necessarily a sufficient ground for removal from office. It must be borne in mind that under count 2, the defendant was convicted for having permitted the said Girdner to run at large, and we think rightfully so, but under count 10, the mere fact that the sheriff permitted the deputy to retain his commission during the time he served his judgment and sentence would not in itself be sufficient ground for removal from office, for the mere fact that one is convicted of a misdemeanor does not disqualify him from holding office under our statute.

Family group sheet for Ralph Girdner and Mary McCoy

Family group sheet for Stephan McCoy and Martha "Angeline" Hamblin
parents of Mary McCoy

Family group sheet for Andrew McCoy and Mary Gibson
grandparents of Mary McCoy

Family Group Sheet of Joohn McCoy and Nancy Hatfield
great grandparents of Mary McCoy

End of notes for Ralph Girdner and Mary McCoy