Humphries, Joan
FEB-10-99 08:25 PM Jo~n Humphries
7279370585
.:
Joan Humphriel
2655 East Lake Trail
Tarpon Springs, FL 34689
Voice: 727-931..0434 FAX: 727-937-0585
E-Mall: Fedwise@ao1.com
FAX
DATE:
February 10, 1999
Camille
FAX No. 727..862-4086
TO:
FROM:
Joan. Humphries
SUBJECT:
Family Cemetery Property
NUMBER OF PAGES (Including Cover): 4
MESSAGE:
Per our telephone discussion I have prepared the attached draft
affidavit setting forth my recollections of the history of
ownership of the Hwnphries family cemetery property at
Clearwater City Cemetery.
Please feel free to make any appropriate suggestions for change
in assisting us to retain ownership. It is a rather lengthy. but
fairly thorough description. If you prefer another format, or
fw1her detail, please advise,
P.0l
FEB-10-99 08:26 PM Joan Humphries
7279370585
P.02
AFFlDA vrr
Whereas James Townsend Humphries, Jr. \VasllveD a 12 plot cemetery lot at the
Clearwater City Cemetery. for work performed in sunrcyinl Pinellu County out of
BiIIsborough Couuty; and
James Townsend Humphri's~ Jr.. born August 8, 1841, died in testate October 30, 1896.
This James Towmsnd Humphries was Q professional engineer and surveyor, He WQS one
of the surveyors hired to conduct the survey to divide Hillsborough County into two
portions, creatitlB Pine lias County. As part 01 his paJ, he was given a 12 plot cemetery
lot at ClealWater City Cemetery. This lot had a concrete border put around it with the
name "Humphries" engraved into it. His wife, Vallellia Moore, was born in Monticello.
F1orida, where they were married April 2j, 1864. She a"angedjor her ~usband to be
buried near her family 's home In Jefferson County, Just out. fide 01 Monticello, where she
was later laid to rest February 7, 1929. As was the custom, the eldest son of James
Townsend Humphries, Jr, was given the family cemetery lot in Clearwater.
Whereas James TowDsend Humphries, m acquired ownership of said family cemetery lot
from his rather and arranged the burials of his rathe~in.law and friend of Ilis fathe....in..
law; and
James Townsend Humphries, III was the eldest SO" oj James Townsend Humphries, Jr.
He was hom September 3, 1166 (l1Jd on November J 4, 1895 was ma"ied to Frances Lee
Griffiin in Clearwater, Florida. When the father (Biggars Mobley GriJJin) of Frances
Lee Griffin Humphries died October 8, 1905, the family buried him in the family plot. As
other family members died, they too were laid to rest in the Clearwater City Cemetery in
the family plot.
James Townsend Humphries, III died in testate January 29, 1949 and was buried in the
family plot, His wife, Frances Lee Griffin Humphries died August 20, 1957 and was
buried next to her husband in the same family plot, Their eldest daughter Lily
Humphl'ies Laws died June 17, 1962 and was buried In the family plot. Her husband,
Barney Weaver Laws, was buried bestde her, following his death August 19, 1975.
The grandson of James Townsend Humphries, Ill, James Cecil Howell (son 01 Janie
Humphries Howell and Cecil Ruj1ls Howell) died August 21, 195/ andwas buried in the
family cemetery plol at rhe Clearwater City Cemetery.
Wllereas James TowDsead Humphries, IV acquired ownenhip of the said ramUy cemetery
plot from his father and arranged for the buriall ot his panou, his liater and brothe....la-
law, aDd his nephew; and
FEB-10-99 08:26 PM Joan Humphries
7279370585
P.03
The eldest son 01 James Townsend Humphries, III was James Townsend Humphries, IV,
who was bom May 30, 1901, This last James Townsend Humphries acquired all oj his
jather's holdiIJgs and throughout his lifetime made arrangements for all of the burials in
the family cemetery plot in Clearwater, Jollowing that oj his Gran4father, Biggars
Mobley Griffin.
Whereas James Townsend Humphries, IV wDled all or his property to his two brotben,
Charles Mardre Humphries and Smitb Coachman Humphries who arrIDled for bis burial
in the family cemetery property; and
James Townsend Humphries, IV never married, and upon his death on March II, 1965,
his will left all of his property to his two brothers, Charles Mardl'e Humphries and Smith
Coachman Humphries.
Charles and his brother Smith arranged, without any dtfliculty, the burial of their brother
James in the family plot. however, when Janie Humphries Howell (a daughter of James
Townsend Humphries. III and mother of James Cecil Howell, who are both buried In the
Jamily plot) died, Charles Humphries tried to make arrangements to have his sister
buried iIJ the family plot and was told that he could not do so. Therefore, other
,,"allgements had to be made for her burial site,
Whereas Smith Coachman Humpbries willed all bls property to his wife, who in tUnlwilled
all or her property to tbeir chDdreD. Sadtb Coachman Humphries, Jr.. Suzanne Humphries
Gross. and Joan Humphries; aDd
Smith Coachman Humphries, one of the two heirs of James Townsend Humphries, IV,
and his wife, LaVerne Atkinson Humphries, are both deceased. Smith Coachman
Humphries died January 15, 1976, preceding his wife in death, and his will left all of his
property to his wife. His wife died October 19, 1989 and her wl11left all of her property
to her three children: Smith Coachman Humphries, Jr; Suzanne Humphries Gross, and
Joan Humphries. Both of these wills are registered in the Pinellm County Courthouse.
Whereu tbere remain at leut lour aBUsed plotl within the family cemetery property;
The only two living children of James Townsend Humphries, III are Charles Mardre
Humphries and Frances Humphries Butler. According to Frances Humphries Butler,
bom September 6, 1918, and now living In Dunnellon. Florida. her maternal
grandfather, Biggars Mobley Griffln, had asked the family if they would bury one of his
Civil War buddies in the family cemetery plot, Although this would have been done prior
to her birth, she recalls the family having discussed this and remembers having seen a
headstone Jor this friend of her gran4father, q this recollectiun of family discussions
and memory of having seen Q tombstone on this grave as a young girl is true, the friend
would probably have been buried prior to October 011905, There is cu"",tl)' no visable
grave marker on lot one, which Is where he would have probably been burled,
FEB-10-99 08:27 PM Jo~n Hymphries
7279370585
P.04
DiscussiollS with the two surviving children of James Townsend Humphries. III and their
eldest nieces and nephews reveals that NO family member is aware of any other plrsons
having been burled in the family plot. nor were any lots ever sold or give" to anyone else.
The entire Humphries family has a proudfamity heritage and sense of family and none
would ever give or sell offpart ofthisfamlty cemetery property.
So. out of a J 2 plot cemetery lot, we have definite knowledge of seven/amlly members
being burled therein and the possibility oj an eighth burial of a Civil War friend of
Blggars Mobley Griffin (Grandfather and Great-Grandfather oj tM undersigned),
leavl'wfour unused plots.
Tberefore we, the ulldenigned legal heln to the flUllil)' cemetery property at the
Clearwater City Cemetery, loeated on the East .ide or Myrtle Aveaue in Qearwater,
Florida, herewith request tbat tbe relD.inlng four loti be deeded to Joan Humphries to
deed or asslgll to family memben of her cbooling.
Smith Coaebmall Humphries, Jr.
130 Sununer Storm Place
Woodlands. Texas
409-321-4998
Charles Mardre Humphries
702 4911I Street Court West
Bradenton. Florida
941-792-3831
Joan Humphries
2655 East Lake Trail
T~onSprings,Florlda34689
727-937-0434
Suzallne Humphries Grol.
Sutton Place
Holiday, Florida
727-942..6091
Q!/~~q9
Joan, Please insert this or something similar to the following on the last page of the Affidavit in place of your last
paragraph. You will also need to add Notary Blocks separately for each signature unless you plan to get all parties
together for signing. We cannot issue deeds to property for which we have no deed to void so we can only change off t ')
records to reflect ownership. Feel free 10 suhmit your final draft to me. Hope this is helpful. t ~ {;
Therefore, we the undersigned state we are the legal and rightful heirs of the Humphries family; and
We state that Robert B. Davies is unknown to us; and
We request the cemetery property described as Block 3, Lot 5, Spaces Six, Nine, Ten and Eleven at the Clearwater City
Cemetery which is located on the East side of Myrtle Avenue in Clearwater, Florida, be titled in the official
City cemetery records to reflect the ownership of said property by the Humphries family; and
We grant Joan Humphries the right to assign interment rights to members of the Humphries family in the four
remaining spaces; and
We further agree to release, indemnify and hold the City of Clearwater harmless from liability in the event of any claim
arising from the use of the above described property,
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Acknowledged before me on this _ day of
produced
, 1999, by Joan Humphries who personally known to me or has
as identification and who did take an oath,
(SEAL)
Notary Publi
Print/type name:
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Acknowledged before me on this _ day of
me or has produced
, 1999, by Suzanne Humphries Gross who personally known to
as identification and who did take an oath,
(SEAL)
Notary Pub Ii
STATE OF FLORIDA )
COUNTY OF MANATEE)
Print/type name:
Acknowledged before me on this _ day of
me or has produced
, 1999, by Charles Madre Humphries who personally known to
as identification and who did take an oath,
(SEAL)
Notary Publi
Print/type name:
STATE OF TEXAS )
COUNTY OF )
Acknowledged before me on this _ day of
known to me or has produced
, 1998, by Smith Coachman Humphries. Jr.. who personally
as identification and who did take an oath,
(SEAL)
Notary Publi
Print/type name:
,~
City Clerk
City of Clearwater
112 South Osceola Avenue
Clearwater, Florida 33758
R ~ "'" D I "'T '1r.:1
,. ,. . ~1 jJf:i~. ~ pi; n
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FEB aS 1999
/~ ('ry {' 0 '"
I ha~e had some corres~dence with your office regarding the Humphfles.L~,]:{ DEPT
fanllly lots, Block 3 Lot 5 In the Clearwater Cemetary. '
This plat has been in our family since the 1800's when Pinellas was part of
Hillsborough County.
My grandfather ( a Civil War veteran ), my parents, my sister, my brother
and my nephew are buried here.
According to you people, the Humphries family has absolutely no control
over this plat anymore. Your people have made this very clear.
If this is indeed the case, which it seems to be, who owns this property?
Who has the right to assign lots? PLEASE tell me.
Can you answer the above questions?
cflv~ llivw~.
Charles M. Humphries '-
702 49th Street Court W.
Bradenton,FL.34209
q . 1) February 2,1999 f1 . 'J ' ;: 11 {( 'Ii / (
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Original Lot Owner was J. T. Humphries who was an Engineer and was
involved in conductinng the survey that divided Pinellas County from
Hillsborough County.
Family members' names and addresses:
(Brother and sisters to Joan Humphries who is the niece of Charles M.
Humphries and is co-decendent of smith Coachman Humphries, brother to
Charles M. Humphries. Ph: 937-0434)
Mrs. Suzanne Humphries Gross
3146 Sutton Place
Holiday, FL 34691
Ph: 942-6091
Mr. smith Coachman Humphries, Jr. (wife is Rosemary)
130 Summer Storm Place
Woodlands, TX 77381
Ph: 409-321-4998
(his wife has power of attorney)
7/18/98
I Spoke with Howard Rives, Atty., who has been the families' attorney
for many years and his father before him. (441-2456)
7/22/98
I spoke with Joan HumPhries,ia phone. She will attempt to get
consensus of all family member in regard to ownership of the
Humphries burial estate. q?:/,l -6 S--<;{S'--
She is willing to swear and attest that the Robert B. Davies
entries in the lot book are incorrect and that no one by that name is
known to any member of the Humphries family. She stated that she is
certain none of the spaces was ever sold to anyone. The attorney, Mr.
Rives, also made statements to that effect during my conversation with
him.
I explained that I would try to explain this to our Assistant
City Attorney and that we would try to accomodate the families wishes.
They have already had to purchase other cemetery property elsewhere
to bury family members due to the mix-up.
Joan will call me back when she knows what the family wants to do.
RE<<;EI"ED
JLJL 1 0 1998
Charles Ivi. l-'.umphries
702 49th street Court West
Bradenton, FL )4209
t" !"!""o;./, ,', .'.
'f" 1f ~Jt~HK [j;j:p"i
Ms. Camille 1'IJotley - ..
PO Box 4748
Clearwater, FL 33758
Dear Ns Motley:
Why did ~ou people permit J. T. Humphries to make arrangements
for four people to be buried in this property since you say you
have NOTHING to indicate he was the ownerr(
It seems to me that au people had absolutely no business whatsever
perm.itn~.J~uliiPhr----res---;--Jr. or J. T. Humphries IV as be tJas
arso-16iOwn to make these arrangements since you bad nothing to
prove that he Has the owner.
In addition to this, my brother Smith C. Humphries and I made
arrangements to have our brother James buried there. Why did you
~us do that? According to you we could not, but this was done
any ow.
I want you to understand that I personally do not plan on using
these plots - I am only trying to clear things up.
I would like very much for you to answer t~ue~io~1 have
aSked - as 'to why you let my brotherJames ma e arrangements
for several people to be buried in this plot when you also say
he had not authority t9' so do.
I would like for you to answer these questions to my satisfaction.
I also named certain survivors and asked if affidavits from them
would be satisfactory.
:lours tru..lY.. . ... () )
~ In .-!~Vfr:/v"'v'
Charles 1-1. humphries
CITY OF CLEARWATER
CITY CLERK DEPARTMENT
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 33758-4748
July 2, 1998
Mr. Charles M. Humphries
702 49th St. Ct. W,
Bradenton, FL 34209
Dear Mr. Humphries;
Reference is made to your most recent letter.
We do not know what information was given at the time of the burials for other
Humphries family members that indicated ownership. We have nothing in our fIles that gives
us that information.
Our records indicate, by way of handwritten notations in the lot book, the original
owner of this property was J. T. Humphries. You stated in your first letter that your
grandfather J.T. Humphries, II, had earned the cemetery property. We don't have a copy of
that original deed, You mentioned in your previous letter and this most recent letter that your
brother, J,T. Humphries Jr., left any property he owned and which had not specifically been
assigned to another in his will to you and your brother Smith Coachman Humphries. However,
we don't know how he acquired or if he ever was the owner of the cemetery property since we
have no deed. What legal instrument conveyed your grandfather's property to your brother?
Do you have a old deed to that effect? Do you have a copy of your grandfather's will?
Space 9 is the only space indicated as being owned by J.T. Humphriies by way of a
handwritten note and presently unused. Since the records are unclear as to which J. T.
Humphries originally owned the property, we can make the assumption, as we have done in the
past, the owner intended that family members have burial use of these older properties.
We cannot assign ownership of cemetery property we don't own. A burial of a
Humphries' family member could be made in Space 9 if all surviving family members or their
heirs give their permission for interment rights to that individual in an affidavit.
Please let me know how to proceed with assisting you,
):X:~\DL
Camille Motley, ~: ~uCentral Records Specialist
I, Lucille Williams, City. Clerk, do
hereby certify that this is a true and
.correct. copy. of ~he original as It
:\I)penrs In the flies <?f the City of
Cle~rWater. Withess my hand. and
official ~ of the City of Clea~waljr.
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LAST WILL AND 'mSTAMENT
,
OF
.'
. .
, i
....
, J, T, 'IlfUMPHRIES, JR ,..
~
4
I, J, T, }fUMPHR~S, JR., al~o known an JAMES T,
HUMPHRIES, JR'" a resident of Plnellas County, State of '
Flor,1.da,' beln!?; of sound and disposing mind a,nd memory,
but mindful of the uncert~inty.of fife, do make, publiary
and,declare thlsmy Last Will and Testament. hercb~ re-
.
'VOklng8:~ and aU other Wills or tea tnmentary deViBes
...
by 'me at any. time heretofore made,
1.
It 10 ~ w1sh and I 80 direct that all Just debts,
including the expenses of my last illness and funeral,
be paid as soon after my demise as conveniently may be
done, ' ).
II,
I further direct my Executors to pay from the
principal of my residuary estate the entire amount ,of
all Federal and State inheritance, succession, eatate
,
or other taxes payatle'by renson of my death on nIl
property passing under my WH1, and on all rer'OpCl'ty
required to be included In my gToso estate under Federal
qrS'tate laws; it being my intention that all such taxes
8hal~ be p~id as aforesaid and ahall not be apportioned
among the beneficiaries under my Will, nor' among the
recipient8 of property not pa8Plng under my Will but
"
.r,e,qulred to be . included in my groes ~s ta te lor tax
'PUl'pOhs. I further,direct that all such taxee, whether
'. \"
.' ," up. 111'.. estatell or' upon I'e_indere, Ihall be eo paJ.d
t~.,,:,:;', ,<" :..,., ...~ "', :' :',' , .
. r\~t':,~'i;~:;;'",:"""outo" at &n7 t1.. 01" tiM' laid lxecutora 1187
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III.
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I give,. devise ..and bequeath to my brothers,
. SMITH C, HUMPHRIES and CHARI.X3 M:' HUMpHhms, share and
I' ..
share alike, the following describect property sitUll-te 1"n.
... " ' ',' .
the County"ot Plnl!'llas, State of FlOrida, to wl~:
],. The East One-halt (E 1/2) of the
. Northeae t Quarter (NE 1/4) of the
Northeast Quarter (NE 1/4) of Section
28, Townllhlp 28 South, Range 16' Eae t,
. ".cons1ating of 'l\rienty (20) "1lcres, more
'or less, 'known as the Shop block, and
2. All trucks, tractors, grove Machinery
and equipment and my inte~~8t in,the
. Tangerine Shop, but not Inclu~lng monies
on deposit in the name of the Tangerine '
ShOp in the First National Dank of Dunedin,
Florida, and'
..
..
~
3. The So~th One-half (S 1/2) of the
Northwest Quarter (NW 1/4) or the
Northwest Quarter (NW 1/4) of Section
27,''1'ownshIp 28. South, Range 16 East,
le88 the right of way of the Seaboard
Airline Railway across the Southeast
corner thereof, known as the home grove,
and
1"
4: A certaln one~half (1/2)- acre tract
and a certaip tract. containing nlne-
tenths (9/10) of an acre, 'and a certain
parcel containlng 4.25 acres, more or .
less, all In Section 27, Township 28
South, .Range 16 East, whlch said
pa~cel.,and each of them are more
~artlcularly described in Deed Book
656, Page 490 of the Public Records of
Plnellas County ,Florida, and
,
\~
.~
5. Ttte West One-half (W 1/2) of the
Northeast Quarter (ME 1/4) of the
Northeast Quarter (HE 1/4) or Section
28, TOwnshIp 28 South, Ran~c 16, Kast,
. known ad the Satte1"f1eld Orove" to-
gether wIth the dwelll~g h~uee situate
thereon and all turn! ture, rt,xture8,
, equ1plllent and household goods located
In saId dwelling house.
~.
In the even.t my brothe'r, CHARLES M. HUMPJffiIES,
'~ . .
shall pl-edecieue .,then '1 devIso and bequeath
CJIAJUD II. HUKPHRDS' 'share In above"'deeorlbed propertl
- .
to .,. brothit~'" ORUPIJf V. HUMPllRDS.
'.
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'In the event. my 'brother, SMITH.. C. HUMPHRIEs,'
,shall predecealle m'e,,, then I de'vIz;e an~ bequeath one-
. '
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.-
halt ot.SMITH,C, ~I!S' share in above desoribed
. propert7 .1Oin~ly, t'o nl.s '5on, S.MITH c. HUMPHRIEa, and
the other halt ~o ~ brother~ GRIFFIN W. HUMPHRIES.
..
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IV,
'.
I give, devlse and bequeath to my brother,
. cHARW M, HUNPHRIES,',.1t he survlves me, ,any,pusenger ~
automobile that I may own at the. time'ot my death.
V.
In the.ev~nt, atter'payment of all depts, taxes
and e~n... or ad.ln1strat10n, 1ncluding all court costa
and all tees, and, atter provt51on has been made as to
all the torego1ng bequests, any assets remaining 1n my
residuar,y estate, then I glve, devIse and bequeath the'
following Bums 1n cash ~o my slijter ~nd brother:
~ .J
1. P1tteen Hundred' Dollars ($1500.00) to'my
sister, JANIE HOWELL, if she be 11 vIng,
,and'
2. One Thousand Dollars ($1,000.00) to my
brother, GRIFFIN W. HUMPHRIES, if he be
11v~ng.
./
In the event my residuary estate doea,not consist
of sufficient Besets to ,i;nke payment of the above 8ums,
then the above nameq beneficiaries shall be paid on a
pro-rata basia ouch sums as may be available from my
'"-'
reSiduary estate.
VI.
I give, dev!ne and bequeath all, the rest, res1due
" .
and relll&lri'der or III;y estate, whether real, personal or
~-(,,: ,.' . .
~Pl." .~". Il1xed, Where.oevers~tuated and wttether owned by _ now '
~~~t~c . ~rho...at~r aoqu~red 117'" to ot:r bl'Othor.. SMITH C.
.::L~!~;';':"f::~rRAand CllAJlLlS"JI, HUMPHRDS, .hare and .hare a,11ke,
. ~~i>ill,~l~'~'th.\..rts. YOI' 'ot toM.,
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In the' event bo,th' of the salq 'res.lduary beneri.c.1arles
'. ,
named, above should predecease me.~ ,th,n llnd 1~ such' e,wnt, my;,.
reBlduary e8ta,te shall paD~ to and vest Inmy '~urvlvlng
.he1rB-a t-law.
,. ,
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III
.,
VII.
I hereby au~horlze and empower my ExecutorB to sel~,
transt"er and dispose of at piJblic' or private sal~, mortgage,
..
.. '.. , , . ...
" pledge. or lease W1thou~ application to any Court, any' portion
'or the .whole of the, estate whether real, p~rBonal or mixed'.
and ~heresoever'B1tuated of which I may die seized and
, p08Bessed,: and ,to, execute and de~lver good and lIurf1cle~t
deedB and other Inatruments to convey and transter th~ same"
or for any other ptirpbse. I further au thorize and empower"
~ 6aId. Executors to sIgn all rece~pts, acceptanceB or other'
do~ument8 ot any n~t~re whatsoever, and to do all ,things
necessary or convenIent in the management of my said estate
which my said Executors may in their discretion deem
advrsable or tor the best interest of my said estate" and
In.all sales by my Executors the purchaser shall not be
required to see to the appl1ca'tlon of the purchase money.
...
..
VIII .
~
Knowiag that during the administration of my
estate matters WIlt necessarJly arise requiring the
serviceQ of an attorneY~I suggest my Executors employ
JOHN C. POLHILL, ot ClearwatE!'r, Plorida,as counsel,
,
not only to probate ~ Will" but also to represent my
estat~ In any and all other matters ,of a legal nature.
~
...
IX.
nom1nate~ constitute and'appolnt ~
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IN WITNESS WHEREOJl,
. and 'seal thla ;1.."J... ~ day
.
.
I ha ve he r~a n to ~ Be t my h8.n,d
or ',~_a;y'~
A. D.. 1962.
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y-'. J71~~~ &:CSllAL)
James T. Humplfr es. Jr. ' -- i'...
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, ".
.' . The above
and forego1ng ,).natrument eonsloting of. '!
" I '. '/
being the t1rth page, upon each ot' wh1~~/
, . five paged, tM,8
appears the's1gnature of the Testator; J. T. HUMPHRIES. JR.,
who, '1n ou~ presence s1gn~d, aeaIed and deelared the same
to be his La'stWlll and Tes,tament on the day that it beaJ"8
dat~; and we, at his request, 1n h1s presence and 1n the
,.' '.
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2.~d.~-4...-.....).9J T LA.-I:. ,
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of /;;;'7 ,. - --/- · A.D. 1962.
RESIDING AT_ trr . Pr{;A.;j J........;. q ./ vt~~.
I
RESIDING AT /;;..'4, I J'.L~.t.""V' -.,41'A 'J...
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RESIDING AT
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I, Lucille Williams, City. Clerk, do
hereby certify that' this is a true and
cor!ect,'coPY of 'he, original as It
i)lJpears In thB flies of the City of
ClearWater. Witness my hand. and .
official ~ of the City ofClea~wa~r. .
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-1957 "
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JAUES. T. HUMPHRlEs.l.r.
1866-1949 ·
or 13rGGb~6 M05LE\/
PHESTm; GRIFF:l:N /.J
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TO.t WILLEY'
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JAMES. C. HOWELL
1929-19,51
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Lilly Humphries Laws
- 6-19-62
Barney Weaver Laws.
8-21-75
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CITY OF CLEARWATER
CITY CLERK DEPARTMENT
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 33758-4748
June 8, 1998
Mr. Charles M~ii~~
th .. .
702 49 St. Ct. W.
Bradenton, FL 34209
Dear Mr. Humphries;
Reference is made to your letter received, June 10, 1998, concerning the ownership of
the cemetery property described as Block 3, Lot 5, in the Clearwater Municipal Cemetery.
~ Our records indicate, by way of handwritten notations in the lot book, the original
.' . owner of this property was J.T, Humphries. We don't have a copy of the original deed, so we
~. '. .. \Y1 don't evenknow which J.T. Humphries that note refers to. Another handwritten note indicates
r '~~ Rob~rt B. Davies is the owner of what appears to be three spaces. We have no deed for Mr.
, JJ aV1es,
\ Changes were made to the lot book page (of which you have an older copy) based on
physical inspection of the property. Tom Willey is not in space 1 - Bigus Mobley Griffin is in
" ''\ ' space 1;. James:. . Humphries Sr. is in ~pace 2; Fannie G. Humphries is in Space 3; James T.
I J .. . Humphries N IS 111 Space 4; Space 5 IS vacant and no owner noted; Space 6 IS vacant and
. ....~ noted as owned by Robert B. Davies; Barney W. laws is in Space 7; Lilly H. laws is in
~....~ ~ Space 8; Space 9 is vacant and noted owner is J.T. Humphries; Spaces 10 and 11 are vacant
I~l and Robert B Davies is noted. owner; and, Jame. s C. Howell is in Space 12. Other HumP. hries
. own property and have burials here. I am sending you printouts of Cemetery history reports.
J. . We don't know for sure who owns this property. Was J.T. Humphries, Jr. or was J.T.
~ Humphries, Sr. the original owner? Who has deeds to this property? Historically, we have
made the assumption the owners intended that family members have burial use of these older
property ,
In summation, we cannot give ownership of cemetery property we don't own. New
burials can be made when the ownership is clear and all surviving family members or their
. heirs give their permission for interment rights to an individual through an affidavit. We have
never assigned ownership of a family plot to any member of a family under these conditions.
Please let me know how to proceed with assisting you.
1~~~
Camille Motley, " -0
Central Records Specialist
cm
Enc.
702 49th street Court 'i; est
Bradenton, FL }4209
Ns Camille ~'lotley
City Clerk Department
lost Office Box 4748
Clearwater, FL JJ758
Dear 111s. hotley:
Thank you for Your kind attention to my letter.
I think we may safely assume that J. T, Eumphries, Jr., was the
owner of the property in question. I say this, because after the
death of my father you permitted J, T. Humphries, Jr. to assign
four places to members of our family. These were James C. lWHell,
Lilly Humphries Laws, Barney i'leaver Laws, and Fannie G. humPhries.
I take it you would not have permitted him to do this unless he was
the owner, and that you people accepted him as the owner with the
right to use this property.
Now, according to article VI of J. T. Humphries Jr.'s will, he
very clearly states that any property he owns that is not
otherwise assigaed in the will, was to go to myself and my
brother Smith Coachman Humphries, This is pretty clear. You
have copy of this will.
Smlth was survived by his wife and three children. his ,.?ife is
dead. The childred'- are Suzanne Gross, S, C. humphri es, Jr. and
Joan Humphries. Would affidavits from myself and these three
be sufficient?
So, it seems to my elderly mind that J. T. Humphries Jr was the
owner of the property, and that he very clearly left it to me and
to my brother Smith Coachman Humphries.
I am pursuing this only because I feel that some member of the
Eumphriesfamily should. be assigned ownership of this property
and I am sure you will agree with me,
Hoping to hear again from you shortly.
Yours truly, ()
~~. YV\., 'f~\.~
Charles M. Humphries
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Status of Block: 3 J..ot'; 5 as of 02/09/99
(Page 1 of 1) ~.. -
SPACE/
BURIAL TYPE ASSICNED/DECEASED
#,.
1/ FULL
2/ FULL
3/ FULL
4/ FULL
5/ FULL
7/ FULL
8/ FULL
12/FULL
TOM
BIGUS
JAMES
FANNIE
JAMES
BARNEY
LILLY
JAMES
BIRTH DEATH INTERRED PERM,
WILLEY 01/01/1901 01/01/1901 01/01/1901
M GRIFFIN 01/01/182401/01/190501/01/1905-
T HUMPHRIES SR. 01/01/1866 01/01/1949 01/01/1~
G HUMPHRIES 01/01/1877 08/21/1957 08/21/1957 1290
T HUMPHRIES IV 01/01/190103/11/196503/11/1965 423
W LAWS 04/22/189508/19/197508/21/1975 1097
H LAWS 01/11/189706/17/196206/19/1962 197
C HOWELL 03/01/192908/21/1951 08/21/1951
** NO VACANT SPACES **
Status of BloGkJ 3,Lot: 5 as of 06/15/98
(Page 1 of~41)' ..
SPACE/
BURIAL TYPE ASSIGNED/DECEASED
BIRTH
DEATH
INTERRED PERM.
----------- ----------------------------- ---------- ---------- ----------
l/FULL
01/01/1905
949
'-2-1I1-9 5 7
65
08/21/1975
06/19/1962
08/21/1951
BIGUS
M GRIFFIN
7/FULL
8/FULL
12/FULL
BARNEY
LILLY
JAMES
** NO VACANT SPACES **
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1290
423
1097
197
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1866-1949
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- 6-19-62
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PRES'IOl': GRIPFXN
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-1957
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1866-1949
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1929-19-51
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CEMETERY CARETAKER
Clearwater, Florida
.
'URI~~ PERMIT
l./2J.......
~NO. ___________-~~~
?~ J--~
Date __.. ~14-Lc_~--;
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CEMETERY CARETAKER
Clearwater, Florida
BURIAL PERMIT No./_/!_1._7_________.
Date~.J-~-.JJ.?-?r
Permission is hereby granted for burial of:
H.... .1 d.e....d - - -~ -~_ x!~ _ __ _ _ _ _ _ _ _ _ _ __ _ _ __ ~_ _ _ __ _. __. __ n._
~ .~ p....,ty -. - -. .I~.. - _. _. _. _. __ - - - - _. - - __ _. - - _. n _. _ _. _ _ _ __ _ _ _. __ _. __, _._
pace_~/./-__----- Lot. '::' Block 2> CI
v I J... .. -- -- :..:..." -- - -- - - -- - - -- - -- - earwater Cemeh~ry
;:'/U,I.I -- $.:-: J.! - ~-].~ __ _ n _ __ __ Fun.,.1 D;,.Y 7:t".1~ _ __ _ _ on _. __ n_
I ~ ~ '" _. ::~_~ .~~~ ~_~~_ __ __ __ n" on _ __. _. __ _ no
4;',' ..~..~_...~----...... -... - ..._-~~- -- -~.'" ......-..... ----- '"" - ~,=:-:::.::;:::::::-.....:;:::-.:=-~~~~.
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I CEMETERY CARETAKER BURIAL PERMIT rNO. ---~ -/-- - --']lr:~'
~ Clearwater, Florida Date ~ ;. t L 1.:.
. t' 'P.rmlsslon .. ........,. ..ntool for bu...1 of; n.__ _n____ -. - --~-
r N.... 0/ ~ __l.lI1r-&~t:~s-k~------------------------
~' Owner' U7ii _________.//~_f'-r--'~-.s-------------------------------------"-Y4t~G'
. . s_~----.E~ __c~____ Black _n:t_______ CI...-wet.r C......'Y . y :'
,r. ~,
Date of Burial ___f~'l~--~----- Funeral Director _______71'~----------------\.-'--
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~ ~;;U:-cLi.iB W ATEll CEDTEnY ASSOCIATION, in considm.tion oftl.. N"in of ~
Ii .......:l~.....................:................... nol~""s unto the Clea,' Watet. Cflnetet'U ANNoeiatiun paid by t
! Wa...:f;.d~1'..,...'?i:~.......mm.................. do het'eby sell ,md eon_y to the said t
, 'f:,::!!.1i;:;,t'7illi~~~~:;;.~::::'~ ::::::: a::o.::::::~::o:.: '
otl.er pu,rpose,) in tI,e Clear Wllter Ce'lnetery, as laid out al,d pll1ttedfor s(d~ Association by
JIIS. T. Humpl.ries, in HUlsborough Cuunty, Florida.
l( n. wif't~n~ whereof, I, as Secretary of the Olear 'V ateI' Cemetery Association,
...... have (hereunto set my hand and affixed the corporate Seal of said Associalion, this da' cf
4.q--{/7Fr A. D. ,sf.{'.. / .h II. ' '- /J ~ '
. . ~u:. (>/f:zA/}1~r/l/U.J-M- Secretary.
West HulBborough TimeB Print, Clear Water Haroor, F'l.t. ' . 7 /
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-- --...------- .-'-- ...------~'"-----,-"---- -,,----- --~- ~----------------~------_.:..._....!. ---'--.-- .--.------
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cftt A- C3fC)OD TURN
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-(~Ro6p NO. 1'-:
SCOUTS O'F AM ERICA.
..
BE PRE,PARED....
.
CAIL.V.
MEETS EVERV FRIDAV
AT 7:80 P.M.
City of Clearwater,
Cemetery Department.
CHARTERED OCTOBER, 1917. TROOP HEADQUARTERS:
ROBERT B.. CAVIES SCOUT MASTE.... FIRST M.. E. OHUROH.
300 West Gherr.y Street
SHENANDOAH, PA.,
October 10, 1941.
Gentlemen;- In reply to Mr. Charles G. Crowley, dated August 28,
1941, regarding new deed issued in my name for Lot 5, Blook 3,
6learwater Cemetery. North half.
I enclose original deedissued to my Kother, Jane Amie Davies, un-
der date of March 17, 1896, by S.P.Aunspaugh, seoretary.
Also enolosed is affidavit that I am sole and rightful heir of my
Mother's estate.
If there is any question as to my identy please communicate with,
Honorable Don C. McMullen, Atty- at- law, Tampa, who is a family
friend and my former guardian.
~ly~~
I would appreciate if you would send me data about living conditions
in Clearwater, both as to visiting and permanent settling there again.
.:; Iff 9 -I. f
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State of Pennsylvania *
* S8
County of Schuylkill *
Before me, the subscriber, a Notary Public
in and for said County and State, personally
came Robert B. Davies, who being duly sworn
according to law doth depose and say that he is
the only son of Mrs. Jane ~m.le Davies, deceased,
that he is the sole and rightful heir of the estate
of his said mother.
Sworn to and subscribed ~ ~
bfefOorte bme thAiDS ll19th4lday : ........./ J ") /J,. / (~
o co er, . . . . ~V'r _ _
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--- . / h)YColiirr.ilision ExiiTreN'lfl...-2111943
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CITY OF CLEARWATER
OFFICE OP'-
CLEARWATER, FLORIDA
Ootober 215, 1941
Mr. Robert B. Davi..
300 Weat Oheny street"
SheD8ndoah, P8DJ1811 'Yan1a
Dear 81rs
w. enolose quit-olaim deed to North one-halt
ot Lot 71ve Blook Thre. ot Clearwater Oeme 01"7, 1n
aooordanoe with your request.
Sinoerely.
C1t1otOlearwater, Plo1"1da
Ceme\er.y Department
bys ~/~-,..........