Boulter History #3

Rt. 1, Box 225 Fredericksburg, Texas January 13, 1958
Mr. J. Dee Boulter
P. 0. Box 831
Borger, Texas

Dear Mr. Boulter: . . .
It was really a pleasant surprise to hear from you on January 9th. We looked forward to seeing you on the past Saturday; but I'm sure some unforseen matters arose that prevented your coming this way. It would have been a pleasure to have talked with you, and I understood, too, that your father would be along. I had heard of him through my grandfather, the late B. N. Weatherby, who was extremely interested in the Boulter Estate and worked some fifteen years trying to clear some titles to property in dispute in Polk County, Texas
My Grandfather had me check some things for him during his lifetime pertaining to the matter; but due to the skepticism of some members of the family, it was impossible for him to secure the full authority to act for the heirs. He had acquired the consent of less than one-half of the heirs at the time of his death in 1948. Since I had assisted him while I was residing in East Texas and was somewhat familiar with some of the matters, he asked me to carry on the work after he was gone, which I would like to do.
It took me some years to learn of the whereabouts of the heirs. I think I now have a fairly complete family "tree" worked out, and have secured affidavits empowering me to do something from about two-thirds of the heirs. Lawyers have advised me not to spend too much on the matter unless the heirs would grant me the authority to act for them. I have a lawyer in Livingston - who is well recommended and competent - who will handle the legal matters for a share if I can secure 100% assent from the heirs. I spent some five years endeavoring to secure a lawyer who would take the case up on a contingent basis; but none would do it unless all heirs would consent. I have spent the past few years trying to get that consent. Happily, I now have a goodly portion of them to grant me the authority to act for them.
As to legality of any claims existant for the heirs, I'm in no position
to definitely state. Titles are muddled in several instances, and it
will take law-suits to clear them up. This is all a gamble; but from
what Granddad told me, I think it worth a try. It may cost me more
than it is worth, or vice versa. I have been to Livingston on several
occasions to check, and it is most difficult to do so as apparently
quite a number of persons would hate to see the matter opened. T.J. Stovall,
of Rusk, handled the estate from 1892 until he was dispossessed in 1933
by Granddad and other heirs; and no one seems to know the status of any
properties which might be a part of the Estate.
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I do know there are some 800 acres on the tax rolls of Polk County in the name of the "Boulter Heirs". I saw that during my own personal research. At one time, the estate consisted of over 45,000 acres in various East Texas Counties. What disposition was ever made of it no one knows (since T.J. Stovall died in 1939). He had entered a suit against certain of the heirs for dispossessing him of his pox\?er of attorney; but the suit never came to trial, and was dismissed from the Court in January, 1946. There is no power-of-attorney recorded for the Estate to any living person, other than the approximately 2/3's which I hold, I plan to make a valiant effort to secure the additional 1/3 by this June, when school is out (I am Principal of the local High School) and I plan to live in East Texas doing research on the case this summer. All this, of course, providing I can secure the additional authority needed. The ones I do not now have have promised, verbally, they would go along with me in the effort. I trust they will, and am making my plans accordingly.
Incidentally, I was not in Borger several months ago. However, Granddad had told me there were 320 acres of the estate in Hutchinson County. Hence, I wrote the County Clerk, as well as to the Lawyer's Abstract Co. there requesting they check the records for any such property. Perhaps it was they, or some of them, who called you. If you can possibly check for the purported 320 acres, I wish you would try to verify it. I have no additional information. Where Granddad got his information, I do not know. A couple from McCamey, Texas - The Parkers, who would be cousins of yours I presume - came to see me and likewise mentioned the possibility of Boulter lands being in Hutchinson County. The County wasn't formed for 20 years after James Boulter died, or longer.
I do have records indicating definitely where the lands in East Texas, the surveys, etc. were located. They may have been sold by T.J. Stovall; but if they were, none of the heirs ever seemed to realize anything from such sale. It is that sort of thing I would like to do research this summer.
My reasoning is that if there is any property belonging to the heirs (including my mother), it is best to get it than let it lapse to the State or filed on by someone else, which I have learned has already actually happened in the case of the original "Boulter Survey" in Polk County. Some 800 city lots in the County Seat town of Livingston were so obtained, and sold, some years ago and is lost to the heirs for lack of any action of management.
During the Thanksgiving Holidays, I went to Rusk to have a talk with the son of T.J. Stovall and secure what information I could. I found him in the hospital suffering from a recent heart attack, with a "No Visitors Allowed" sign on his door. His doctor permitted me to talk with him briefly; but of course not long enough to secure the data I went for. However, he promised me he would cooperate in every way possible to clear up matters that needed attention if and when I received the sufficient authority from the heirs. Then I went to talk to the widow of the attorney who handled legal matters for Mr. Stovall during
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his lifetime, and found her to be out of town. I am going to try to secure the deceased lawyers' file on the Boulter Estate in so far as they might exist.
A false entry was made on the registration of some of the Boulter land, and there is supposed to be a sworn statement somewhere that would clear it up and return it to the heirs - if I can just locate it!
From the above rambling information, you can gather that the whole thing is a gamble, remote, but a "chance" does exist that recovery of something is possible - what I do not know. It is going to take a lot of time, and may take more money that I have to see it through; but I want to go as far as I can with it. I've heard it discussed for some 40-years, and I think it is time for action. I regret that I can't tell you something definite and concise. I wish it were that simple. But such isn't the case.
Incidentally, I have the signed affidavits from every member heir in your grandfather's family. I'm now waiting on Aunt Lucy Mayfield's heirs - and they seem to be inert at the time; but I have hopes they will wake up. Bush wrote me he would work on them. I hope so, at least by June 1.
Come by just anytime you are able to do so. Would be very happy to discuss it with you; and perhaps you father could shed additional light on the matter.
Sincerely yours,
W. C. Westerfeldt