Zerilda BROWN

Female 1846 - 1919  (73 years)


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Generation: 1

  1. 1.  Zerilda BROWN was born 8 Jan 1846, Morgan Co. KY; died 19 Jun 1919, Morgan Co. KY.

    Other Events:

    • _UID: 4616D8DADF254A84B534AC57ED41633A9765

    Notes:

    CENSUS RECORDS

    1850 United States Federal Census
    Name: Zerilda Brown
    Age: 3
    Birth Year: abt 1847
    Birthplace: Kentucky
    Home in 1850: Morgan, Kentucky
    Gender: Female
    Family Number: 671
    Household Members:
    George D Brown 50
    Mary Brown 39
    Julia Brown 18
    Elizabeth Brown 14
    Wilkerson Brown 11
    Susan Brown 8
    Allen Brown 6
    Zerilda Brown 3
    Daniel Brown 0

    1870 United States Federal Census
    Name: Cowilda Whitaker [Zerilda]
    Age in 1870: 22
    Birth Year: abt 1848
    Birthplace: Kentucky
    Home in 1870: Caney, Morgan, Kentucky
    Race: White
    Gender: Female
    Post Office: West Liberty
    Household Members:
    Alexd Whitaker 21
    Cowilda Whitaker 22
    Mary B Whitaker 7 months

    1880 United States Federal Census
    Name: Zerilda Whitaker
    Age: 32
    Birth Year: abt 1848
    Birthplace: Kentucky
    Home in 1880: Caney, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Wife
    Marital Status: Married
    Spouse's Name: Slick Whitaker
    Father's Birthplace: Virginia
    Mother's Birthplace: Virginia
    Occupation: Keeping House

    1900 United States Federal Census
    Name: Sanlea Whitaker [Sarelda Whitaker]
    Age: 61
    Birth Date: Jan 1849
    Birthplace: Kentucky
    Home in 1900: River, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Wife
    Marital Status: Married
    Spouse's Name: Allex Whitaker
    Marriage Year: 1871
    Years Married: 29
    Father's Birthplace: Virginia
    Mother's Birthplace: Kentucky
    Mother: number of living children: 5
    Mother: How many children: 7
    Household Members:
    Allex Whitaker 47
    Sanlea Whitaker 61
    Mary B Whitaker 29
    Grover Whitaker 16
    Myrtle Whitaker 14
    Jessie Vance 17 [servant]
    Clint Harry 20 [servant]

    1910 United States Federal Census
    Name: Zerilda Whiteaker
    Age in 1910: 61
    Birth Year: abt 1849
    Birthplace: Kentucky
    Home in 1910: Walnut Grove, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Wife
    Marital Status: Married
    Spouse's Name: Alexander Whiteaker
    Father's Birthplace: Virginia
    Mother's Birthplace: Virginia
    Household Members:
    Alexander Whiteaker 39 [59]
    Zerilda Whiteaker 61
    Mary A Whiteaker 41

    Died:
    http://vitals.rootsweb.ancestry.com/ky/death/search.cgi?last=Whiteaker&first=&residence=&county=&year=&stype=Exact&start=21

    Kentucky Death Records
    Morgan Co. vol. 049 certificate number 24212

    Kentucky, Death Records, 1852-1953
    Name: Zerilda Whiteaker [Zerilda Brown]
    Death Date: 19 Jun 1919
    Death Location: Morgan
    Age: 71
    Gender: Female
    Ethnicity: White
    Birth Date: 8 Jan 1848
    Birth Location: Kentucky
    Father's Name: George Brown
    Father's Birth Location: Virginia
    Mother's Name: Mary Kendall
    Mother's Birth Location: Virginia

    Zerilda married Alexander WHITEAKER 7 Jan 1869, Morgan Co., KY. Alexander (son of James S. WHITAKER, Jr. and Nancy PETTS) was born 27 Dec 1850, Tazewell Co VA; died 07 Jun 1926, Morgan Co. KY; was buried , Stacy Fork, Morgan Co. KY. [Group Sheet]

    Children:
    1. 2. Mary Bell WHITEAKER  Descendancy chart to this point was born 30 Oct 1869, Morgan Co. KY; died 25 Jun 1941, Morgan Co. KY.
    2. 3. James Daniel WHITEAKER, M.D.  Descendancy chart to this point was born 1 Oct 1871, Stacy Fork, Morgan Co. KY; died 23 Jan 1946, Morgan Co. KY.
    3. 4. Margaret E. (Pet) WHITEAKER  Descendancy chart to this point was born 07 Aug 1877, Morgan Co. KY; died 10 Oct 1929, Morgan Co. KY.
    4. 5. Grover Cleveland WHITEAKER  Descendancy chart to this point was born Sep 1883, Morgan Co. KY; died 1950.
    5. 6. Myrtle WHITEAKER  Descendancy chart to this point was born 8 Jan 1886, Morgan Co. KY; died 23 Nov 1950, Fayette Co. KY; was buried , Caudill Cemetery, Morehead, Rowan Co. KY.


Generation: 2

  1. 2.  Mary Bell WHITEAKER Descendancy chart to this point (1.Zerilda1) was born 30 Oct 1869, Morgan Co. KY; died 25 Jun 1941, Morgan Co. KY.

    Other Events:

    • _UID: 69F5E94DCC4942CC81DA63E0B20B3D3D8C55

    Notes:

    CENSUS RECORDS

    1870 United States Federal Census
    Name: Mary B Whitaker
    Age in 1870: 7 months
    Birth Year: abt 1869
    Birthplace: Kentucky
    Home in 1870: Caney, Morgan, Kentucky
    Race: White
    Gender: Female [in household of Alexander and Zerilda Whitaker]
    Post Office: West Liberty

    1880 United States Federal Census about Mary B. Whitaker
    Name: Mary B. Whitaker
    Age: 11
    Birth Year: abt 1869
    Birthplace: Kentucky
    Home in 1880: Caney, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Daughter
    Marital Status: Single
    Father's Name: Alick Whitaker
    Father's Birthplace: Virginia
    Mother's Name: Zerilda Whitaker
    Mother's Birthplace: Virginia

    1900 United States Federal Census
    Name: Mary B Whitaker
    Age: 29
    Birth Date: Oct 1870
    Birthplace: Kentucky
    Home in 1900: River, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Daughter
    Marital Status: Single
    Father's Name: Allex Whitaker
    Father's Birthplace: Virginia
    Mother's Name: Serilda Whitaker
    Mother's Birthplace: Kentucky

    1910 United States Federal Census
    Name: Mary B Whiteaker
    Age in 1910: 41
    Birth Year: 1869
    Birthplace: Kentucky
    Home in 1910: Walnut Grove, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Daughter
    Marital Status: Single
    Father's Name: Alexander Whiteaker
    Father's Birthplace: Virginia
    Mother's Name: Zerilda Whiteaker
    Mother's Birthplace: Kentucky

    1920 United States Federal Census
    Name: Mary B Whiteaker
    Age: 51
    Birth Year: abt 1869
    Birthplace: Kentucky
    Home in 1920: Caney, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Daughter
    Marital Status: Single
    Father's Name: Alex Whiteaker
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky
    Able to Read: Yes
    Able to Write: Yes

    1930 United States Federal Census
    Name: Mary B Blankship [Mary B Blankenship]
    Gender: Female
    Birth Year: abt 1868
    Birthplace: Kentucky
    Race: White
    Home in 1930: District 2, Morgan, Kentucky
    Marital Status: Married
    Relation to Head of House: Wife
    Spouse's Name: B F Blankship
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky
    Household Members:
    B F Blankenship 69
    Mary B Blankenship 62

    1940 United States Federal Census
    Name: Mary B Blankenship
    Age: 68
    Estimated Birth Year: abt 1872
    Gender: Female
    Race: White
    Birthplace: Kentucky
    Marital Status: Married
    Relation to Head of House: Wife
    Home in 1940: Morgan, Kentucky
    Street: Phipps Road
    Inferred Residence in 1935: Morgan, Kentucky
    Residence in 1935: Same House
    Highest Grade Completed: Elementary school, 8th grade
    Weeks Worked in 1939: 0
    Income: 0
    Income Other Sources: No
    Household Members:
    B F Blankenship 79
    Mary B Blankenship 68


    Died:
    Kentucky, Death Records, 1852-1953
    Name: Mary Belle Blankenship [Mary Belle Whiteaker]
    Death Date: 25 Jun 1941
    Death Location: Morgan
    Age: 71
    Gender: Female
    Ethnicity: White
    Birth Date: 30 Oct 1869
    Birth Location: Kentucky
    Spouse's Name: B F Blankenship
    Father's Name: Alex Whiteaker
    Father's Birth Location: Virginia
    Mother's Name: Zerilda Brown
    Mother's Birth Location: Kentucky

    Mary married Benjamin Franklin Blankenship. Benjamin was born 11 Dec 1860, Boyd Co. KY; died 17 May 1946, Morgan Co. KY; was buried , Salem Cemetery, Salem, Morgan Co. KY. [Group Sheet]


  2. 3.  James Daniel WHITEAKER, M.D. Descendancy chart to this point (1.Zerilda1) was born 1 Oct 1871, Stacy Fork, Morgan Co. KY; died 23 Jan 1946, Morgan Co. KY.

    Other Events:

    • Occupation: physician
    • _UID: A36E3EDFA9F443E2859D0CA33F3DDA7B921D

    Notes:

    State senator in KY from 1916 to 1925.
    He spelled his name Whiteaker accordiing to an undated article from Morgan Co. KY, the Licking County Courier, Historical Sketches by Joe Nickell, published 23 Jan, 1991

    Graduated from KY School of Medicine, 21 June, 1894.

    CENSUS RECORDS

    1880 United States Federal Census
    Name: James D. Whitaker
    Age: 9
    Birth Year: abt 1871
    Birthplace: Kentucky
    Home in 1880: Caney, Morgan, Kentucky
    Race: White
    Gender: Male
    Relation to Head of House: Son
    Marital Status: Single
    Father's Name: Alick Whitaker [Alex]
    Father's Birthplace: Virginia
    Mother's Name: Jerilda Whitaker
    Mother's Birthplace: Virginia

    1900 United States Federal Census
    Name: James D Whitaker
    Age: 28
    Birth Date: May 1872
    Birthplace: Kentucky
    Home in 1900: Caney, Morgan, Kentucky
    Race: White
    Gender: Male
    Relation to Head of House: Boarder [in household of Samuel and Nannie Lykins]
    Marital Status: Single
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky

    1910 United States Federal Census
    Name: James D Whitaker
    Age in 1910: 39 [37]
    Birth Year: abt 1873 [1871]
    Birthplace: Kentucky
    Home in 1910: Cannel, Morgan, Kentucky
    Race: White
    Gender: Male
    Relation to Head of House: Head
    Marital Status: Married
    Spouse's Name: Dora Whitaker
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky
    Household Members:
    James D Whitaker 39 [37]
    Dora Whitaker 29

    1920 United States Federal Census
    Name: J D Whiteaker
    Age: 48
    Birth Year: abt 1872
    Birthplace: Kentucky
    Home in 1920: Cannel City, Morgan, Kentucky
    Race: White
    Gender: Male
    Relation to Head of House: Head
    Marital Status: Married
    Spouse's Name: Dora Whiteaker
    Father's Birthplace: Virginia
    Mother's Birthplace: Kentucky
    Home Owned: Rent
    Able to Read: Yes
    Able to Write: Yes
    Household Members:
    J D Whiteaker 48
    Dora Whiteaker 38

    1930 United States Federal Census
    Name: James D Whiteaker
    Gender: Male
    Birth Year: abt 1872
    Birthplace: Kentucky
    Race: White
    Home in 1930: Caney, Morgan, Kentucky
    Marital Status: Married
    Relation to Head of House: Head
    Spouse's Name: Dora Whiteaker
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky
    Household Members:
    James D Whiteaker 58
    Dora Whiteaker 49 [40]

    1940 United States Federal Census
    Name: J D Whiteaker
    Respondent: Yes
    Age: 68
    Estimated Birth Year: abt 1872
    Gender: Male
    Race: White
    Birthplace: Kentucky
    Marital Status: Married
    Relation to Head of House: Head
    Home in 1940: Morgan, Kentucky
    Street: State High Way 191
    Farm: No
    Inferred Residence in 1935: Morgan, Kentucky
    Residence in 1935: Same Place
    Owned home, worth $3500
    Education: College, 4 years
    Occupation: Medical doctor, private practice
    Class of Worker: Working on own account
    Weeks Worked in 1939: 52
    Income: 0
    Income Other Sources: Yes
    Neighbors: View others on page
    Household Members:
    J D Whiteaker 68
    Dora Whiteaker 59

    COURT CASE

    COURT CASE

    His brother, Grover, was accused of murdering/assaulting his wife in Oklahoma. Dr Whiteaker put up his bond.

    WHITEAKER v. STATE. (Supreme Court of Oklahoma. Nov. 14, 1911.)

    Error from District Court, Oklahoma County;
    Geo. W. Clark, Judge.

    Action by J. D. Whiteaker against the State of Oklahoma. Judgment for defendant, and plaintiff brings error. Affirmed.

    M. Fulton, for plaintiff in error.
    Sam Hooker, for defendant in error.

    TURNER, C. J. On December 16, 1908, the county attorney of Oklahoma county filed in the district court of that county an Information charging Grover C. Whiteaker with assault with intent to kill. On tbe next day but one he was arraigned, and pleaded not guilty, and his bond fixed at $7,500 the same to be approved by the clerk of said court. On December 23. 1908, there was filed in the office of said clerk an unsigned unofficial order of release Indorsed thereon:

    "This is to verify that I have received this order of release on December 23, 1908, and executed on December 23, by releasing the said Grover C. Whiteaker from custody. [Signed] H. D. Garrison, Sheriff, by M. C. Binion."

    Opinion of the Court.

    On January 26, 1909, there was made and entered in said cause the following order:

    "This cause coming regularly before the court for trial, the defendant comes not, whereupon he Is three times loudly called to come into court and save his recognizance, but comes not, but Is In default, whereupon It is ordered that the bond of the defendant be, and the same is, hereby forfeited. And It Is ordered that the clerk of this court pay to the county treasurer of Oklahoma county the moneys In his hands as cash bond of the defendant; to which ruling Dr. Whiteaker exempts, and it Is further ordered that the clerk issue an alias warrant for the arrest of the said Grover C. Whiteaker."

    On February 16, 1909, Dr. J. D. Whiteaker, plaintiff in error, petitioned the court for an order directing the clerk to turn said $7.500 over to him, on the hearing of which It developed that the accused and petitioner were brothers; that for the purpose of furnishing him bail petitioner left his home in Kentucky and came to Oklahoma City, and deposited with the clerk of said court the money in controversy, the property of petitioner, and which Is still in his hands; that thereupon the accused was released from jail as shown by said order entered upon the Journal of the court, but was not placed in the custody of petitioner, and that petitioner has since been unable to surrender him. Upon this showing the court refused to grant the prayer of said petition and overruled the same, and rendered and entered judgment accordingly. To reverse said judgment this proceeding in error was commenced.

    Whiteaker v. State. and hence petitioner is entitled to recover back his money. Assuming said repugnancy to exist, and the general doctrine to be as urged, in substance, that an officer authorized to receive bail for the appearance of a person charged with crime cannot receive money in lieu of bail, no such power being conferred by statute, and, if so paid in, neither the state nor county has claim to it

    Opinion of the Court

    This appears of record; and thus Is met the requirement of the statute that the court must direct the fact of the defendant's neglect to appear to be entered upon the minutes. And, this having been done, the forfeiture of the money deposited in place of bail followed, under the law, as a matter of course ([Gen. St. 1808, c. 82] 5 152), and It was not error In such cases for the court to direct the forfeited money to be turned over to the county treasurer."

    There is nothing In the remaining Assignments of error.
    The judgment of the trial court Is affirmed.

    All the Justices concur.

    Died:
    http://vitals.rootsweb.ancestry.com/ky/death/search.cgi
    Kentucky Death Records
    Morgan Country, vol. 005 certificate number 02348

    Kentucky, Death Records, 1852-1953
    Name: James Daniel Whiteaker
    Death Date: 23 Jan 1946
    Death Location: Morgan
    Age: 74
    Gender: Male
    Ethnicity: White
    Birth Date: 1 Oct 1871
    Birth Location: Kentucky
    Spouse's Name: Dora Lee Whiteaker
    Spouse's Age: 64
    Father's Name: Alexander Whiteaker
    Father's Birth Location: Virginia
    Mother's Name: Zerilda Brown
    Mother's Birth Location: Kentucky

    James married Dora Lee LYKINS 19 Jan 1908. Dora was born Feb 1882, Morgan Co. KY; died 21 Oct 1962, Fayette Co. KY. [Group Sheet]


  3. 4.  Margaret E. (Pet) WHITEAKER Descendancy chart to this point (1.Zerilda1) was born 07 Aug 1877, Morgan Co. KY; died 10 Oct 1929, Morgan Co. KY.

    Other Events:

    • _UID: A21117FBC47A4515AB27565151CAF94731DA

    Notes:

    Nickname was Pet. Had six children, 3 boys and 3 girls.

    CENSUS RECORDS

    1880 United States Federal Census
    Name: Margrete Whitaker [Margaret]
    Age: 3
    Birth Year: abt 1877
    Birthplace: Kentucky
    Home in 1880: Caney, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Daughter
    Marital Status: Single
    Father's Name: Alick Whitaker [Alex]
    Father's Birthplace: Virginia
    Mother's Name: Zerilda Whitaker
    Mother's Birthplace: Virginia

    1900 United States Federal Census
    Name: Margret W. Walter [Margret E Walter]
    Age: 22
    Birth Date: Aug 1877
    Birthplace: Kentucky
    Home in 1900: Lee, Wolfe, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Wife
    Marital Status: Married
    Spouse's Name: William Walter
    Marriage Year: 1898
    Years Married: 2
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky
    Mother: number of living children: 0
    Mother: How many children: 0
    Household Members:
    William Walter 24
    Margret W Walter 22


    1910 United States Federal Census
    Name: Margret E Walters
    Age in 1910: 32
    Birth Year: abt 1878
    Birthplace: Kentucky
    Home in 1910: Cannel, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Wife
    Marital Status: Married
    Spouse's Name: William Walters
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky
    Household Members:
    William Walters 34
    Morgret E Walters 32
    Alene Walters 7
    Maxine Walters 5
    Wardell Walters 5 months
    Alice Singleton 17 [domestic servant]

    1920 United States Federal Census
    Name: Margerett Walters
    Age: 42
    Birth Year: abt 1878
    Birthplace: Kentucky
    Home in 1920: Lee City, Wolfe, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Wife
    Marital Status: Married
    Spouse's Name: William Walters
    Father's Birthplace: Virginia
    Mother's Birthplace: Kentucky
    Household Members:
    William Walters 44
    Margerett Walters 42
    Allene Walters 17
    Maxine Walters 15
    Wardell Walters 10
    Mantell Walters 5
    Vincant Walters 2 years 9 months

    Died:
    http://vitals.rootsweb.ancestry.com/ky/death/search.cgi
    Kentucky Death Records
    County: Morgan Vol. 055 Certificate: 27398 Death Book:1929

    Kentucky, Death Records, 1852-1953
    Name: Margaret E Walter [Margaret E Whiteaker]
    Death Date: 10 Oct 1929
    Death Location: Morgan
    Age: 52
    Gender: Female
    Ethnicity: White
    Birth Date: 7 Aug 1877
    Birth Location: Kentucky
    Father's Name: Alex Whiteaker
    Father's Birth Location: Virginia
    Mother's Name: Zerilda Brown
    Mother's Birth Location: Kentucky

    Margaret married William T. WALTER 20 Dec 1897, Morgan Co. KY. William was born Dec 1875, Kentucky. [Group Sheet]

    Children:
    1. 7. AleIne WALTER  Descendancy chart to this point was born ca 1903, Morgan Co. KY; died 17 Aug 1942, Fayette Co. KY; was buried , Eastern State Hospital Cemetery, Lexington, Fayette Co. KY.
    2. 8. Maxine WALTER  Descendancy chart to this point was born ca 1905, Morgan Co. KY.
    3. 9. Wardell WALTER  Descendancy chart to this point was born 1910, Morgan Co. KY.
    4. 10. Montel WALTER  Descendancy chart to this point was born ca 1915, Morgan Co. KY.
    5. 11. Vinson WALTER  Descendancy chart to this point was born ca 1918, Wolfe Co. KY.
    6. 12. Elma WALTER  Descendancy chart to this point was born 16 Feb 1921, Wolfe Co. KY.

  4. 5.  Grover Cleveland WHITEAKER Descendancy chart to this point (1.Zerilda1) was born Sep 1883, Morgan Co. KY; died 1950.

    Other Events:

    • _UID: 39AB062335004F7280B562DEF031B9388AD6

    Notes:

    1900 United States Federal Census
    Name: Grover Whitaker
    Age: 16
    Birth Date: Sep 1883
    Birthplace: Kentucky
    Home in 1900: River, Morgan, Kentucky
    Race: White
    Gender: Male
    Relation to Head of House: Son
    Marital Status: Single
    Father's Name: Allex Whitaker
    Father's Birthplace: Virginia
    Mother's Name: Serilda Whitaker
    Mother's Birthplace: Kentucky

    NEWSPAPER ARTICLES

    The Hazel Green Herald, Wolfe Co. KY; 15 Jul 1909

    Rescued From Officers at Cannel City

    Grover Whitaker, who was charged with shooting his wife in Oklahoma near Ardmore about six months ago, and who has since been living at Cannel City, was Monday arrested by two men claiming to be duly authorized officers from that state hand cuffed and made ready to go with them when a party of his friends said to be about 100 took him from the arresting officers whom they disarmed. The rescuers then took the keys away from the officers and unlocked the handcuffs, after which they were told to go. Our informant said the two men hesitated not at all upon the order of their going but went. We do not know the parties who thus interfered with the arresting officers or anything of the case, in fact, but we are afraid their have involved themselves in serious trouble and shall watch the case with interest.

    COURT CASE

    WHITEAKER v. STATE. (Supreme Court of Oklahoma. Nov. 14, 1911.)

    Error from District Court, Oklahoma County;
    Geo. W. Clark, Judge.

    Action by J. D. Whiteaker against the State of Oklahoma. Judgment for defendant, and plaintiff brings error. Affirmed.

    M. Fulton, for plaintiff in error.
    Sam Hooker, for defendant in error.

    TURNER, C. J. On December 16, 1908, the county attorney of Oklahoma county filed in the district court of that county an Information charging Grover C. Whiteaker with assault with intent to kill. On tbe next day but one he was arraigned, and pleaded not guilty, and his bond fixed at $7,500 the same to be approved by the clerk of said court. On December 23. 1908, there was filed in the office of said clerk an unsigned unofficial order of release Indorsed thereon:

    "This is to verify that I have received this order of release on December 23, 1908, and executed on December 23, by releasing the said Grover C. Whiteaker from custody. [Signed] H. D. Garrison, Sheriff, by M. C. Binion."

    Opinion of the Court.

    On January 26, 1909, there was made and entered in said cause the following order:

    "This cause coming regularly before the court for trial, the defendant comes not, whereupon he Is three times loudly called to come into court and save his recognizance, but comes not, but Is In default, whereupon It is ordered that the bond of the defendant be, and the same is, hereby forfeited. And It Is ordered that the clerk of this court pay to the county treasurer of Oklahoma county the moneys In his hands as cash bond of the defendant; to which ruling Dr. Whiteaker exempts, and it Is further ordered that the clerk issue an alias warrant for the arrest of the said Grover C. Whiteaker."

    On February 16, 1909, Dr. J. D. Whiteaker, plaintiff in error, petitioned the court for an order directing the clerk to turn said $7.500 over to him, on the hearing of which It developed that the accused and petitioner were brothers; that for the purpose of furnishing him bail petitioner left his home in Kentucky and came to Oklahoma City, and deposited with the clerk of said court the money in controversy, the property of petitioner, and which Is still in his hands; that thereupon the accused was released from jail as shown by said order entered upon the Journal of the court, but was not placed in the custody of petitioner, and that petitioner has since been unable to surrender him. Upon this showing the court refused to grant the prayer of said petition and overruled the same, and rendered and entered judgment accordingly. To reverse said judgment this proceeding in error was commenced.

    Whiteaker v. State. and hence petitioner is entitled to recover back his money. Assuming said repugnancy to exist, and the general doctrine to be as urged, in substance, that an officer authorized to receive bail for the appearance of a person charged with crime cannot receive money in lieu of bail, no such power being conferred by statute, and, if so paid in, neither the state nor county has claim to it

    Opinion of the Court

    This appears of record; and thus Is met the requirement of the statute that the court must direct the fact of the defendant's neglect to appear to be entered upon the minutes. And, this having been done, the forfeiture of the money deposited in place of bail followed, under the law, as a matter of course ([Gen. St. 1808, c. 82] 5 152), and It was not error In such cases for the court to direct the forfeited money to be turned over to the county treasurer."

    There is nothing In the remaining Assignments of error.
    The judgment of the trial court Is affirmed.

    All the Justices concur.

    Grover married Myrtle CAUDLE. Myrtle was born Aug 1886. [Group Sheet]


  5. 6.  Myrtle WHITEAKER Descendancy chart to this point (1.Zerilda1) was born 8 Jan 1886, Morgan Co. KY; died 23 Nov 1950, Fayette Co. KY; was buried , Caudill Cemetery, Morehead, Rowan Co. KY.

    Other Events:

    • _UID: 0DCA88EA0EE84A66AC57D6FCE895DB6C8844

    Notes:

    CENSUS RECORDS

    1900 United States Federal Census
    Name: Myrtle Whitaker
    Age: 14
    Birth Date: Jan 1886
    Birthplace: Kentucky
    Home in 1900: River, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Daughter
    Marital Status: Single
    Father's Name: Alex Whitaker
    Father's Birthplace: Kentucky
    Mother's Name: Serilda Whitaker
    Mother's Birthplace: Kentucky

    1910 United States Federal Census a
    Name: Myrtle Caudill
    Age in 1910: 24
    Birth Year: 1886
    Birthplace: Kentucky
    Home in 1910: Adele, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Wife
    Marital Status: Married
    Spouse's Name: Cornalus Candill
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky
    Household Members:
    Cornalus Candill 25
    Myrtle Candill 24

    1920 United States Federal Census
    Name: Myrtle Caudill
    Age: 34
    Birth Year: abt 1886
    Birthplace: Kentucky
    Home in 1920: Morehead, Rowan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Wife
    Marital Status: Married
    Spouse's Name: C P Caudill
    Father's Birthplace: Virginia
    Mother's Birthplace: Kentucky
    Able to Read: Yes
    Able to Write: Yes
    Household Members:
    C P Caudill 34
    Myrtle Caudill 34
    Roger Caudill 3

    1930 United States Federal Census
    Name: Myrtle Caudill
    Gender: Female
    Birth Year: abt 1886
    Birthplace: Kentucky
    Race: White
    Home in 1930: Morehead, Rowan, Kentucky
    Marital Status: Married
    Relation to Head of House: Wife
    Spouse's Name: Cornelius Caudill
    Father's Birthplace: Virginia
    Mother's Birthplace: Kentucky
    Household Members:
    Cornealis Caudill 45
    Myrtle Caudill 44
    James R Caudill 13

    1940 United States Federal Census
    Name: Myrtle Caudill
    Respondent: Yes
    Age: 54
    Estimated Birth Year: abt 1886
    Gender: Female
    Race: White
    Birthplace: Kentucky
    Marital Status: Married
    Relation to Head of House: Wife
    Home in 1940: Morehead, Rowan, Kentucky
    Street: Main Street
    Inferred Residence in 1935: Morehead, Rowan, Kentucky
    Residence in 1935: Same House
    Owned home, worth $5000
    Education: high school, 4 years
    Weeks Worked in 1939: 0
    Income: 0
    Income Other Sources: No
    Native Language: English
    Social Security Number: No
    Usual Class of Worker: H
    Household Members:
    Comelius C Caudill 55
    Myrtle Caudill 54
    Roger Caudill 23

    Buried:
    Grave location:
    http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=60922208

    Note: Her maiden name is incorrectly given as Williams.

    Died:
    http://vitals.rootsweb.ancestry.com/ky/death/search.cgi
    Kentucky Death Records
    County: FAYETTE Residence: ROWAN
    Vol: 050 Certificate: 24703 Death Volume:1950

    Kentucky, Death Records, 1852-1953
    Name: Myrtle Whiteaker Caudill [Myrtle Whiteaker]
    Death Date: 23 Nov 1950
    Death Location: Fayette
    Age: 64
    Gender: Female
    Ethnicity: White
    Birth Date: 8 Jan 1886
    Birth Location: Kentucky
    Father's Name: Alexander Whiteaker
    Mother's Name: Zorelda Brown

    Myrtle married Cornelius Prater CAUDILL. Cornelius was born 14 Jan 1885, Rowan Co. KY; died 07 Dec 1968, Rowan Co. KY; was buried , Caudill Cemetery, Morehead, Rowan Co. KY. [Group Sheet]

    Children:
    1. 13. James Roger CAUDILL  Descendancy chart to this point was born 07 Jul 1916, Rowan Co. KY; died 21 Jan 1972, Fayette Co. KY; was buried , Caudill Cemetery, Morehead, Rowan Co. KY .


Generation: 3

  1. 7.  AleIne WALTER Descendancy chart to this point (4.Margaret2, 1.Zerilda1) was born ca 1903, Morgan Co. KY; died 17 Aug 1942, Fayette Co. KY; was buried , Eastern State Hospital Cemetery, Lexington, Fayette Co. KY.

    Notes:

    CENSUS RECORDS

    1910 United States Federal Census
    Name: Alene Walters
    Age in 1910: 7
    Birth Year: abt 1903
    Birthplace: Kentucky
    Home in 1910: Cannel, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Daughter
    Marital Status: Single
    Father's Name: William Walters
    Father's Birthplace: Kentucky
    Mother's Name: Morgret E Walters
    Mother's Birthplace: Kentucky

    1920 United States Federal Census
    Name: Allene Walters
    Age: 17
    Birth Year: abt 1903
    Birthplace: Kentucky
    Home in 1920: Lee City, Wolfe, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Daughter
    Marital Status: Single
    Father's Name: William Walters
    Father's Birthplace: Kentucky
    Mother's Name: Margerett Walters
    Mother's Birthplace: Kentucky

    1930 United States Federal Census
    Name: Alevia Walter [Alenie Walter]
    Gender: Female
    Birth Year: abt 1904
    Birthplace: Kentucky
    Race: White
    Home in 1930: Lexington, Fayette, Kentucky
    Marital Status: Single
    Relation to Head of House: Patient
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky

    1940 United States Federal Census
    Name: Aleine Walter
    Age: 37
    Estimated Birth Year: abt 1903
    Gender: Female
    Race: White
    Birthplace: Kentucky
    Marital Status: Single
    Relation to Head of House: Patient
    Home in 1940: Lexington, Fayette, Kentucky
    House Number: 432
    Inferred Residence in 1935: Same Institution
    Residence in 1935: Same Institution
    Institution: Eastern State Hospital For Insane
    Attended School or College: No
    Highest Grade Completed: Elementary school, 5th grade
    Hours Worked Week Prior to Census: 3

    Information from Find A Grave:

    Additional information from the death cert. of Aleine Walters is: She was 30 years old and single. Her parents are not listed. Cause of death was pulmonary tuberculosis; duration 4 years. Contributory cause was dementia praecox; duration 15 years. A former resident of Morgan Co., Ky., she had been a patient at Eastern State Hospital for 8 years, 7 months and 9 days. She died there, on the date above, and was buried in their cemetery on August 20, 1942. (Ky. Death Cert. 17651).

    It is possible that the family information on this memorial is incorrect and that instead this is the memorial for Aleine Walters who is the daughter of William Thomas Walters and his wife, Margaret E. Whitaker Walters. In their household in the 1910 census of Morgan Co., Ky. there was a daughter, Alene b. 1903, in Kentucky.

    The currently available information fits both women about equally well.

    See the following link for a detailed history of the hospital where Aleine spent the last 12-15 yr of her life and the rather cavalier manner in which the hospital disposed of the remains of their deceased patients:

    www.asylumprojects.org/index.php?title=Eastern_State_Hospital_Lexington

    Buried:
    Grave location:
    http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GSln=WALT&GSpartial=1&GSbyrel=all&GSst=19&GScntry=4&GSsr=201&GRid=52821897&

    Died:
    Kentucky Death Index, 1911-2000
    Name: Aleine Walters
    Death Date: 17 Aug 1942
    Death Place: Fayette
    Age: 39
    Residence: Morgan
    Volume: 36
    Certificate: 17651


  2. 8.  Maxine WALTER Descendancy chart to this point (4.Margaret2, 1.Zerilda1) was born ca 1905, Morgan Co. KY.

    Notes:

    CENSUS RECORDS

    1910 United States Federal Census
    Name: Maxine Walters
    Age in 1910: 5
    Birth Year: abt 1905
    Birthplace: Kentucky
    Home in 1910: Cannel, Morgan, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Daughter
    Marital Status: Single
    Father's Name: William Walters
    Father's Birthplace: Kentucky
    Mother's Name: Margret E Walters
    Mother's Birthplace: Kentucky

    1920 United States Federal Census
    Name: Maxine Walters
    Age: 15
    Birth Year: abt 1905
    Birthplace: Kentucky
    Home in 1920: Lee City, Wolfe, Kentucky
    Race: White
    Gender: Female
    Relation to Head of House: Daughter
    Marital Status: Single
    Father's Name: William Walters
    Father's Birthplace: Kentucky
    Mother's Name: Margerett Walters
    Mother's Birthplace: Kentucky


  3. 9.  Wardell WALTER Descendancy chart to this point (4.Margaret2, 1.Zerilda1) was born 1910, Morgan Co. KY.

    Notes:

    CENSUS RECORDS

    1910 United States Federal Census
    Name: Wardell Walters
    Age in 1910: 5 months
    Birth Year: abt 1910
    Birthplace: Kentucky
    Home in 1910: Cannel, Morgan, Kentucky
    Race: White
    Gender: Male
    Relation to Head of House: Son
    Marital Status: Single
    Father's Name: William Walters
    Father's Birthplace: Kentucky
    Mother's Name: Margret E Walters
    Mother's Birthplace: Kentucky

    1920 United States Federal Census
    Name: Wardell Walters
    Age: 10
    Birth Year: abt 1910
    Birthplace: Kentucky
    Home in 1920: Lee City, Wolfe, Kentucky
    Race: White
    Gender: Male
    Relation to Head of House: Son
    Marital Status: Single
    Father's Name: William Walters
    Father's Birthplace: Kentucky
    Mother's Name: Margerett Walters
    Mother's Birthplace: Kentucky

    1930 United States Federal Census
    Name: Wardell Walters
    Gender: Male
    Birth Year: abt 1910
    Birthplace: Kentucky
    Race: White
    Home in 1930: Caney, Morgan, Kentucky
    Marital Status: Single
    Relation to Head of House: Son
    Father's Name: William L Walters
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky


  4. 10.  Montel WALTER Descendancy chart to this point (4.Margaret2, 1.Zerilda1) was born ca 1915, Morgan Co. KY.

    Notes:

    CENSUS RECORDS

    1920 United States Federal Census
    Name: Mantell Walters [Montell Walters]
    Age: 5
    Birth Year: abt 1915
    Birthplace: Kentucky
    Home in 1920: Lee City, Wolfe, Kentucky
    Race: White
    Gender: Male
    Relation to Head of House: Son
    Marital Status: Single
    Father's Name: William Walters
    Father's Birthplace: Kentucky
    Mother's Name: Margerett Walters
    Mother's Birthplace: Kentucky

    1930 United States Federal Census
    Name: Montell Walters
    Gender: Male
    Birth Year: abt 1915
    Birthplace: Kentucky
    Race: White
    Home in 1930: Caney, Morgan, Kentucky
    Marital Status: Single
    Relation to Head of House: Son
    Father's Name: William L Walters
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky


  5. 11.  Vinson WALTER Descendancy chart to this point (4.Margaret2, 1.Zerilda1) was born ca 1918, Wolfe Co. KY.

    Notes:

    CENSUS RECORDS

    1920 United States Federal Census
    Name: Vincent Walters
    Age: 2 years 9 months
    Birth Year: abt 1918 [abt 1917]
    Birthplace: Kentucky
    Home in 1920: Lee City, Wolfe, Kentucky
    Race: White
    Gender: Male
    Relation to Head of House: Son
    Marital Status: Single
    Father's Name: William Walters
    Father's Birthplace: Kentucky
    Mother's Name: Margerett Walters
    Mother's Birthplace: Kentucky

    1930 United States Federal Census
    Name: Vinson Walters
    Gender: Male
    Birth Year: abt 1918
    Birthplace: Kentucky
    Race: White
    Home in 1930: Caney, Morgan, Kentucky
    Marital Status: Single
    Relation to Head of House: Son
    Father's Name: William L Walters
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky


  6. 12.  Elma WALTER Descendancy chart to this point (4.Margaret2, 1.Zerilda1) was born 16 Feb 1921, Wolfe Co. KY.

    Notes:

    CENSUS RECORDS

    1930 United States Federal Census
    Name: Elma Walters
    Gender: Female
    Birth Year: abt 1921
    Birthplace: Kentucky
    Race: White
    Home in 1930: Caney, Morgan, Kentucky
    Marital Status: Single
    Relation to Head of House: Daughter
    Father's Name: William L Walters
    Father's Birthplace: Kentucky
    Mother's Birthplace: Kentucky


    Birth:
    Kentucky, Birth Index, 1911-1999
    Name: Elma V Walter
    Date of Birth: 16 Feb 1921
    County: Wolfe
    Mother's Name: Margarett Whitaker
    Volume Number: 021
    Certificate Number: 10169
    Volume Year: 1921


  7. 13.  James Roger CAUDILL Descendancy chart to this point (6.Myrtle2, 1.Zerilda1) was born 07 Jul 1916, Rowan Co. KY; died 21 Jan 1972, Fayette Co. KY; was buried , Caudill Cemetery, Morehead, Rowan Co. KY .

    Other Events:

    • _UID: 22E7BFFBF601426A8DE478945C39E4D12DC7

    Notes:

    CENSUS RECORDS

    1920 United States Federal Census
    Name: Roger Caudill
    Age: 3
    Birth Year: abt 1917
    Birthplace: Kentucky
    Home in 1920: Morehead, Rowan, Kentucky
    Race: White
    Gender: Male
    Relation to Head of House: Son
    Marital Status: Single
    Father's Name: C P Caudill
    Father's Birthplace: Kentucky
    Mother's Name: Myrtle Caudill
    Mother's Birthplace: Kentucky
    Able to Read: No
    Able to Write: No

    1930 United States Federal Census
    Name: James R Caudill
    Gender: Male
    Age: 13
    Birth Year: abt 1917
    Birthplace: Kentucky
    Race: White
    Home in 1930: Morehead, Rowan, Kentucky
    Marital Status: Single
    Relation to Head of House: Son
    Father's Name: Cornealis Caudill
    Father's Birthplace: Kentucky
    Mother's Name: Myrtle Caudill
    Mother's Birthplace: Kentucky

    1940 United States Federal Census
    Name: Roger Caudill
    Age: 23
    Estimated Birth Year: abt 1917
    Gender: Male
    Race: White
    Birthplace: Kentucky
    Marital Status: Single
    Relation to Head of House: Son
    Home in 1940: Morehead, Rowan, Kentucky
    Street: Main Street
    Inferred Residence in 1935: Morehead, Rowan, Kentucky
    Residence in 1935: Same House
    Education: College, 3 years
    Occuation: none [most likey a college student]

    Birth:
    Kentucky, Birth Index, 1911-1999
    Name: James R Caudill
    Date of Birth: 7 Jul 1916
    County: Morgan
    Mother's Name: Myrtle Whiteaker
    Volume Number: 74
    Certificate Number: 36928
    Volume Year: 1916


    Buried:
    Grave location and tombstone photo:
    http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GSln=CAU&GSpartial=1&GSbyrel=all&GSst=19&GScntry=4&GSsr=1161&GRid=63486276&

    Died:
    Kentucky Death Index, 1911-2000
    Name: J R Caudill
    Death Date: 21 Jan 1972
    Death Place: Fayette
    Age: 55
    Residence: Rowan
    Volume: 7
    Certificate: 3007