Boulter History #5

Rt.1,Box 255
Fredericksburg, Texas Nov. 24, 1958
Mr. J. Dee Boulter
P.O. Box 831Borger, Texas

Dear J. Dee:

I was surely glad to receive your letter of Nov. 19th. You had written me quite a long time ago, and I had never answered the letter as somehow your letters and subsequent address got misplaced. It had only been about three days whin I remarked to my wife that I whish you'd write and send your address again and now I have it.
Yes, I did put in quite a bit of time looking up the records of Boulter holdings in East Texas. I started in Polk County, and where much of the land once owned had been located: then I went to Cherokee County and checked all the records, both land and lease; and then to Nacogdoches County and did the same there. In all, I spent some three weeks in those Counties, and not at one time. For the greater part, my time and expense was in vain in so far as the possibility of ever getting back what I've speculated on or even a part of it. But I new it was a long shot gamble at the most.
The thing that always puzzled me - and many of the heirs - was the question of how did it (the estate) ever get so complicated? I found the answers. I found where several different powers of attorney had been given. The first, to a close friend of James Boulter - a fellow by the name of Roark. He was granted a big hunk of land and some fees for handling the estate for his widow and some eight or nine children. After his death, his widow sold 1/2 interest in everything she owned with the exception being the lands in Polk Count. The homestead in Cherokee was retained. The widow likewise loaned money as had James Boulter, with land as security. Several recordings were found of the loans being made, the land held as well as notes payable in installments - but no records of the notes ever being paid nor of the lands released. The Civil War and "carpetbaggers" further mudded the things by not keeping accurate records. (It was interesting to note the illiterate entries listed during the era of Republican misrule thru appointments of lowlifers to the County Govt. offices. and how the Sheriff, Clerk, etc. handled and sold peoples' property during this particular era in the "conquered South.) In 1872, another fellow was granted the power of attorney and part ownership to the properties remaining at the time, by Mrs. Elizabeth W. Boulter. During this arrangement, contracts, or agreements, were made to search for iron, salt, gas, or oil, etc. which further muddled things - as some of the entries appeared to be titles to the properties with the implications being only the findings to go to Mrs. Boulter.
In 1892, T.J. Stovall was granted the power of attorney to recover what he could. He did recover quite a bit of the land, but disposed of all that had been recovered. In 1901, he entered into an agreement for the sale of all the Polk County land but retained a portion of the mineral rights (1/3) in 2,700 acres. The wordings of the document is so vague it is hard to determine what it meant: It surely left room for much argument. I think, however, I can have the Court eliminate all other claims to the minerals on these approximately 2700 acres - but that too is quite a gamble.
I talked to the son of T.J. Stovall (whose wife is an heir, now deceased) and he said they would go along with us on anything we wanted to do. I sent him the papers to sign, wrote, and wrote again - and then went back to see him - but to date he has not even answered. When I go there, he says they will sign them and send them - but it has never been done! I also went to Tyler and talked to Spurgeon Boulter's son - who is looking after the matter for Spurgeon as Spurgeon has been ill for quite a long time. He said his family was willing to sign up, too, if I would strike out the power to "sell" clause. I'd gladly do that and wrote him so. I don't believe in "selling" the mineral rights. Leasing is the best shot there. I wrote hi;m last about two weeks ago and haven't had a reply todate. (I just hope he is working on contacts with other memabers of his family now). Only three of the Mayfield family sent theirs back - or even answered. Bush wrote me they didn't want to spend the money for a notary - didn't think it was worth it! If I can get the A.B. Boulter family to sign up (only one has done so to dade), I think I'll ask the Court to grant me the authority to go ahead. Such a big majority of the heirs has already given me power of attorney that I believe the Court would permit me to do something about the mineral righta- and hold in escrow that portion belonging to non-signers (they to get theirs after paying the Court costs and administration fee). I am just surmising there.
If this is dropped I don't think anything could ever be done later. Why some are so procrastinating I can't fathom. Nothing attempted, nothing gained. Certainly, nothing is forthcoming as it has been the past 25 years. The mineral rights don't expire; but the heirs do, and the further removed the more there are and the more difficult it becomes- nearing the impossible.
From the way things are now, there is no rush on the leasing. It is just the matter of getting things in shape where it could be done when feasible. The minerals wouldn't bring much on that particular araea now (less than $2.00 per acre with no drilling agreement). Companies don't want to drill the way oil is just now. But we have hopes for an upturn someday.
As thins now stand, I'm in the hole quite a bit with no view to retrieving a dime. I made copies of practically every listing of property, beginning in 1821, and all transactions recorded for 125 years. Quite a book it-self. Informative, yes; profitalble, no.
Say, I found a record of a "W.M. Boulter" making a lease of 90a. to a J.M. Guffey & Co. May 10, 1901- a then year lease. I cannont find a "W.M. Boulter" on the "family tree". I have a "William" listed as being a deceased heir, with "no issue". Do you have any information about him? I'd like to find out just when he died, if at all possible. He should have been an uncle of your father's. That may not mean anything; but the lease expired in 1911. I couldn't find what happened to the property; but would like to check into the lease payments if William M. died before the lease expired. That is the important factor. Probably a wild goose chase; but others I've contacted didn't know when he died. He should have been one of the younger of the children of James and Elizabeth Boulter. Mrs. Elizabeth Boulter parceled out lands to varuous of her children and gave them deeds to certain tracts from 1868-1877 to only the following: (who had proabably attained their majority by that time): Young Lacy, A.L., W.M. must have been a minor at that time and definitely was still living in 1901.
Elizabeth sold 1/2 interest in all lands for $5000 to W.L. Kirksey, April 18, 1871, except: 360 a. homestead in the Sara Ann kDuncan League (Cherokee Co) 4434 a. of the I.A. Pate League, Polk County. 4434 a. of the J. Boulter League, Polk County.
Kirksey, in turn sold the pooperties in ;the Levi Dikes League (Polk County) in 1871, immediately after this arrangement. Later, Anderson B. Boulter sold the 4434 acres of the J. Boulter League. (Elizabeth - the widow, had sold all her interests to Anderson ( her son) in the J. Boulter League for $1000 in Jan. 17, 1867; yet she sold a portion to Wm. Carlisle & Co on Aug. 19, 1901: This latter was when the 1/3 minerals were retained.
I mentioned the above to show how muddled a thing can be, and is. The wording of this sale by T.J. Stovall is terrific - it may take a Philadelphia lawyer to figure it out. Incidentally, if the property values is ever increasd "by virtue of the discovery of salt, iron, oil, or gas, the increase in taxes is to be borne by the Boulter heirs! Ever hear of a thing like that? Yet only 1/3 was retained by the heirs!
Well, this could go on for hours - and pages and pages. I know it doesn't make much sense; but I'm next going to check with various oil companies and see if there is any possibility of leasing that portion for those heirs who have given me the authority to act for them - without the entire lease 100%. If it doesn't look profitable, we'll just not lease it, even though I'd like to get something back of what I've spent the past few yaears on the matter. There was only one well drillin in Polk Counter when I was there. None of the areas in question had ever been leased other than the 90a aforementioned. I regret to not have something worthwhile to write, but imagine you are tired of reading all this.
I certainly appreciate your interest and help in trying to dig up some needed facts. One of these days we'll get them.
Best wishes to yo and yours.

Sincerely
W.C. Westerfeldt