The Ancestors and Cousins of Tracy Lynn DeVault

Person Page 1,995

Family Explorer

Ellen Overdeer1

F, #49851, b. 1869, d. 23 August 1878

Parents

FatherEanes "Enos" Overdeer (b. 18 June 1840, d. 17 September 1878)
MotherClarissa Kitzmiller (b. 18 June 1838, d. 24 June 1899)
Pedigree Link

BASIC FACTS

Ellen Overdeer was born in 1869 in Pennsylvania.1,2 She died on 23 August 1878, at age ~9.2 She was buried in Mount Olivet Cemetery, Hanover, York Co., Pennsylvania.2
Ellen Overdeer had reference number 50165. She was enumerated on the census in York County, Pennsylvania (1870.) GRAVE MARKER

ELLEN
Dau of Eanes &
Clarissa Overdeer
Died Aug. 23, 1878.

Citations

  1. [S202] 1870 Census, Pennsylvania, York County
  2. [S4980] Find A Grave (Internet), Source Medium: Book
Family Explorer

Mary Catherine "Catherine" Batterman1,2,3,4

F, #49852, b. 5 January 1830, d. 14 April 1916

Parents

FatherLewis Batterman
MotherCatherine Flouse
Pedigree Link

Family: Samuel Overdeer (b. 14 September 1835, d. 30 November 1869)

DaughterSarah M. Overdeer (b. 25 July 1861, d. 29 March 1919)
DaughterAlice Elizabeth Overdeer+ (b. 21 October 1862, d. 11 January 1947)
SonCalvin Henry Overdeer (b. 18 November 1866, d. 27 January 1930)
SonDavid Overdeer (b. about 1868, d. before 1916)
DaughterAnna Overdeer (b. about 1869, d. before 1916)

BASIC FACTS

Mary Catherine "Catherine" Batterman was born on 5 January 1830 in Pennsylvania.1,2 She died on 14 April 1916, at age 86, in Hanover, York Co., Pennsylvania.1 She was buried in Mount Olivet Cemetery, Hanover, York Co., Pennsylvania.5
Mary Catherine "Catherine" Batterman had reference number 50166. She was enumerated on the census in York County, Pennsylvania (1860, 1870.) She was a House domestic (1860.)2 Mary Catherine is shown living with her in-laws family and working as a domestic in the 1860 Census.

DEATH NOTICE - New Oxford Item, New Oxford, Pennsylvania, Thursday, April 20, 1916, Page 6

Following an illness of about four weeks from infirmities, Mrs. Catherine Overdeer, widow of Samuel Overdeer, died at her home in Hanover at 9:30 a.m., on Friday, age 87 years. She leaves one son and two daughters.

OBITUARY - Gettysburg Compiler, Gettysburg, PA, Saturday, April 22, 1916, Page 6

Catherine M. Overdeer, widow of the late Samuel Overdeer, died last Friday at her home in Hanover. Death was due to the infirmities of old age, from which she had been ill for the past four weeks. She was aged about 87 years. She was a daughter of the late Mr. and Mrs. Lewis Matterman (sic) of West Manheim township, York County. Her husband preceded her in death forty years ago. She is survived by three children, Calvin and Miss Sarah Overdeer at home and Mrs. Charles Karicoaf of Hanover, and one brother, William Batterman, of Pleasant street, Hanover. She was an aunt of David Batterman of this place.

GRAVE MARKER

MARY C. BATTERMAN
WIFE OF SAMUEL OVERDEER
JAN. 5, 1830 - APRIL 14, 1916
AGED 86 YRS. 3 MO. & 9 DS.
----------
SARAH M. OVERDEER
JULY 25, 1861 - MAR. 29, 1919
AGED 57 YRS. 8 MO. & 4 DS.

OVERDEER.

Citations

  1. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  2. [S119] 1860 Census, Pennsylvania, York County
  3. [S202] 1870 Census, Pennsylvania, York County
  4. [S11225] Obituary - Mary Catherine (Batterman) Overdeer
  5. [S4980] Find A Grave (Internet), Source Medium: Book
Family Explorer

Sarah M. Overdeer1,2

F, #49853, b. 25 July 1861, d. 29 March 1919

Parents

FatherSamuel Overdeer (b. 14 September 1835, d. 30 November 1869)
MotherMary Catherine "Catherine" Batterman (b. 5 January 1830, d. 14 April 1916)
Pedigree Link

BASIC FACTS

Sarah M. Overdeer was born on 25 July 1861 in Union Township, Adams Co., Pennsylvania.1,2,3 She was born on 25 July 1861 in York Co., Pennsylvania.4 She died on 29 March 1919, at age 57, in Hanover, York Co., Pennsylvania.2,3 She was buried in Mount Olivet Cemetery, Hanover, York Co., Pennsylvania.2
Sarah M. Overdeer had reference number 50167. She was enumerated on the census in York County, Pennsylvania (1870, 1880.) OBITUARY - The Gettysburg Times, Gettysburg, PA, Monday, March 31, 1919, Page 4

MISS SARAH OVERDEER
Former County Resident Died in Hanover.
Following a sickness of one year from a complication of diseases, Miss Sarah Overdeer, died Saturday morning at her home in Hanover. She was aged 27 years, 8 months and four days.
She was born in Union township, this county, and was a daughter of the late Mr. and Mrs. Samuel Overdeer. She is survived by one brother, Calvin Overdeer, at home, and one sister, Mrs Charles Karicoaf, Hanover.
Funeral this afternoon, services at the Overdeer home at 2:30 o'clock, Rev. R. H. Bergstresser officiating. Burial in the family plot in Mt. Olivet Cemetery.

GRAVE MARKER

MARY C. BATTERMAN
WIFE OF SAMUEL OVERDEER
JAN. 5, 1830 - APRIL 14, 1916
AGED 86 YRS. 3 MO. & 9 DS.
----------
SARAH M. OVERDEER
JULY 25, 1861 - MAR. 29, 1919
AGED 57 YRS. 8 MO. & 4 DS.

OVERDEER.

Citations

  1. [S202] 1870 Census, Pennsylvania, York County
  2. [S4980] Find A Grave (Internet), Source Medium: Book
  3. [S11892] Obituary - Sarah M. Overdeer
  4. [S3835] Death Certificate - Sarah M. Overdeer
Family Explorer

Alice Elizabeth Overdeer1,2,3,4,5

F, #49854, b. 21 October 1862, d. 11 January 1947

Parents

FatherSamuel Overdeer (b. 14 September 1835, d. 30 November 1869)
MotherMary Catherine "Catherine" Batterman (b. 5 January 1830, d. 14 April 1916)
Pedigree Link

Family: Charles F. Karicoaf (b. 2 August 1865, d. 11 April 1947)

DaughterEdna Caroline Karicoaf (b. 13 September 1891, d. 14 May 1909)
DaughterHilda K. Karicoaf (b. 8 September 1895, d. 1 November 1990)

BASIC FACTS

Alice Elizabeth Overdeer was born on 21 October 1862 in York Co., Pennsylvania.1,2,6 She died on 11 January 1947, at age 84, in Hanover, York Co., Pennsylvania.2,6 She was buried in Mount Olivet Cemetery, Hanover, York Co., Pennsylvania.2
Alice Elizabeth Overdeer had reference number 50168. She was enumerated on the census in York County, Pennsylvania (1870, 1880, 1920 - 1940.) She resided in Hanover, York Co., Pennsylvania (1919.)7 GRAVE MARKER

CHARLES F. KARICOAF
AUG. 2, 1865 - APR. 11, 1947
ALICE E. KARICOAF
OCT. 21, 1862 - JAN. 11, 1947
EDNA C. KARICOAF
SEPT. 13, 1891 - MAY 14, 1909
AGED 17 YRS. 8 MO. & 1 D.

KARICOAF.

Citations

  1. [S202] 1870 Census, Pennsylvania, York County
  2. [S4980] Find A Grave (Internet), Source Medium: Book
  3. [S2301] 1940 Census, Pennsylvania, York County
  4. [S1418] 1920 Census, Pennsylvania, York County
  5. [S1915] 1930 Census, Pennsylvania, York County
  6. [S3246] Death Certificate - Alice E. (Overdeer) Karicoaf
  7. [S11892] Obituary - Sarah M. Overdeer
Family Explorer

Calvin Henry Overdeer1,2

M, #49855, b. 18 November 1866, d. 27 January 1930

Parents

FatherSamuel Overdeer (b. 14 September 1835, d. 30 November 1869)
MotherMary Catherine "Catherine" Batterman (b. 5 January 1830, d. 14 April 1916)
Pedigree Link

BASIC FACTS

Calvin Henry Overdeer was born on 18 November 1866 in Pennsylvania.3 He was born in August 1867 in Pennsylvania.1,2 He died on 27 January 1930, at age 63, in Hanover, York Co., Pennsylvania.3 He died on 28 January 1930, at age 63.2 He was buried in Mount Olivet Cemetery, Hanover, York Co., Pennsylvania.4,3
Calvin Henry Overdeer had reference number 50169. He was enumerated on the census in York County, Pennsylvania (1870, 1880.) He resided in Hanover, York Co., Pennsylvania (1919.)5 He was a Worked in a rope factory - Hanover Cordage Company (death certificate.)3 OBITUARY - News Comet (East Berlin, PA), Friday, January 31, 1930, Page 3

Hanover Citizen Dies Suddenly
Calvin H. Overdeer, 62, an employee of the Hanover Cordage company, who resided at the Colonial hotel, Hanover, died very suddenly Tuesday morning. Mr. Overdeer had not complained of feeling badly and had eaten a hearty breakfast after which he lighted his pipe and sat in a chair to smoke before going to work. He was seated but a short time when his pipe fell from his mouth, and when those about the hotel investigated they found him dead. He was never married. Surviving him is one sister, Mrs. C. F. Karicoaf, Hanover. Funeral was held on Monday.

Note: It appears that Calvin's obituary has his death date off by one day.

GRAVE MARKER

CALVIN H. OVERDEER
BORN NOV. 8, 1866
DIED JAN. 27, 1930.

Citations

  1. [S202] 1870 Census, Pennsylvania, York County
  2. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  3. [S3306] Death Certificate - Calvin Henry Overdeer
  4. [S4980] Find A Grave (Internet), Source Medium: Book
  5. [S11892] Obituary - Sarah M. Overdeer
Family Explorer

David Overdeer1

M, #49856, b. about 1868, d. before 1916

Parents

FatherSamuel Overdeer (b. 14 September 1835, d. 30 November 1869)
MotherMary Catherine "Catherine" Batterman (b. 5 January 1830, d. 14 April 1916)
Pedigree Link

BASIC FACTS

David Overdeer was born about 1868 in Pennsylvania.1 He died before 1916.2
David Overdeer had reference number 50170. He was enumerated on the census in York County, Pennsylvania (1870.)

Citations

  1. [S202] 1870 Census, Pennsylvania, York County
  2. [S11892] Obituary - Sarah M. Overdeer
Family Explorer

Anna Overdeer1

F, #49857, b. about 1869, d. before 1916

Parents

FatherSamuel Overdeer (b. 14 September 1835, d. 30 November 1869)
MotherMary Catherine "Catherine" Batterman (b. 5 January 1830, d. 14 April 1916)
Pedigree Link

BASIC FACTS

Anna Overdeer was born about 1869 in Pennsylvania.1 She died before 1916.2
Anna Overdeer had reference number 50171. She was enumerated on the census in York County, Pennsylvania (1870.)

Citations

  1. [S202] 1870 Census, Pennsylvania, York County
  2. [S11892] Obituary - Sarah M. Overdeer
Family Explorer

Charles F. Karicoaf1,2,3,4

M, #49858, b. 2 August 1865, d. 11 April 1947

Parents

FatherWilliam Karicoaf
MotherMary Hoffman
Pedigree Link

Family: Alice Elizabeth Overdeer (b. 21 October 1862, d. 11 January 1947)

DaughterEdna Caroline Karicoaf (b. 13 September 1891, d. 14 May 1909)
DaughterHilda K. Karicoaf (b. 8 September 1895, d. 1 November 1990)

BASIC FACTS

Charles F. Karicoaf was born on 2 August 1865 in York Co., Pennsylvania.1,5 He died on 11 April 1947, at age 81, in Springettsbury Twp., York Co., Pennsylvania.1,5 He was buried in Mount Olivet Cemetery, Hanover, York Co., Pennsylvania.1
Charles F. Karicoaf had reference number 50172. He was enumerated on the census in York County, Pennsylvania (1920 - 1940.) He was a Merchant - hardware (1920); Decorator - painting (1930.)3,4 Identifying the parents of Charles F. Karicoaf was a bit tricky. His death certificate says his mother was Mary Hoffman but his father is shown as unknown. There is a marriage record that shows that on March 1, 1908 a Mary E. Karicoaf married a George L. King. It turns out the transcription is incorrect and it should have read George L. Krug. This is George Levi Krug. Both George and Mary (Karicoaf) Krug are buried in Mount Olivet Cemetery. Mary was born on 18 Nov 1875 in Adams Co., Pennsylvania and died on 3 Oct 1952 in Franklin Co., Pennsylvania. Mary E. (Karicoaf) Krug's death certificate shows that her parents were William Karicoaf and Mary Hoffman. The Karicoaf surname is so unusual that I have decided that Mary E. (Karicoaf) Krug and Charles F. Karicoaf were siblings.

GRAVE MARKER

CHARLES F. KARICOAF
AUG. 2, 1865 - APR. 11, 1947
ALICE E. KARICOAF
OCT. 21, 1862 - JAN. 11, 1947
EDNA C. KARICOAF
SEPT. 13, 1891 - MAY 14, 1909
AGED 17 YRS. 8 MO. & 1 D.

KARICOAF.

Citations

  1. [S4980] Find A Grave (Internet), Source Medium: Book
  2. [S2301] 1940 Census, Pennsylvania, York County
  3. [S1418] 1920 Census, Pennsylvania, York County
  4. [S1915] 1930 Census, Pennsylvania, York County
  5. [S3322] Death Certificate - Charles F. Karicoaf
Family Explorer

Edna Caroline Karicoaf1

F, #49859, b. 13 September 1891, d. 14 May 1909

Parents

FatherCharles F. Karicoaf (b. 2 August 1865, d. 11 April 1947)
MotherAlice Elizabeth Overdeer (b. 21 October 1862, d. 11 January 1947)
Pedigree Link

BASIC FACTS

Edna Caroline Karicoaf was born on 13 September 1891 in York Co., Pennsylvania.2,1 She died on 14 May 1909, at age 17, in Hanover, York Co., Pennsylvania.2,1 She was buried in Mount Olivet Cemetery, Hanover, York Co., Pennsylvania.2
Edna Caroline Karicoaf had reference number 50173. GRAVE MARKER

CHARLES F. KARICOAF
AUG. 2, 1865 - APR. 11, 1947
ALICE E. KARICOAF
OCT. 21, 1862 - JAN. 11, 1947
EDNA C. KARICOAF
SEPT. 13, 1891 - MAY 14, 1909
AGED 17 YRS. 8 MO. & 1 D.

KARICOAF.

Citations

  1. [S3377] Death Certificate - Edna Caroline Karicoaf
  2. [S4980] Find A Grave (Internet), Source Medium: Book
Family Explorer

Hilda K. Karicoaf1,2,3

F, #49860, b. 8 September 1895, d. 1 November 1990

Parents

FatherCharles F. Karicoaf (b. 2 August 1865, d. 11 April 1947)
MotherAlice Elizabeth Overdeer (b. 21 October 1862, d. 11 January 1947)
Pedigree Link

BASIC FACTS

Hilda K. Karicoaf was born on 8 September 1895 in Pennsylvania.1,4 She died on 1 November 1990, at age 95.4 She was buried in Mount Olivet Cemetery, Hanover, York Co., Pennsylvania.3
Hilda K. Karicoaf had reference number 50174. She was enumerated on the census in York County, Pennsylvania (1920, 1930.) She was a Bookkeeper - telephone company (1920, 1930.)1,2 Her Social Security Number was 172-01-3636, issued: Pennsylvania.4 OBITUARY - The Gettysburg Times (Gettysburg, PA), Friday, November 2, 1990, Page 2

Hilda K. Karicoaf
Hilda K. Karicoaf, 95, of Homewood Retirement Center, formerly of 3074 E. Middle St., Hanover, died Thursday, Nov. 1, at Homewood.
Born in Hanover, she was the daughter of late Charles and Alice Overdeer Karicoaf.
She was a member of St. Matthew Lutheran Church in Hanover, and she was employed at the United Telephone Co. for more than 35 years prior to retiring.
She is survived by an number of nieces.
Funeral services will be held Monday at 11 a.m. at the Wetzel Funeral Home Inc., 549 Carlisle St., Hanover, with her pastor, the Rev. Eric P. Wogen officiating. Interment will be in the Mount Olivet Cemetery.
Friends may call Sunday evening at the funeral home.

GRAVE MARKER

HILDA K.
KARICOAF
1895 - 1990.

Citations

  1. [S1418] 1920 Census, Pennsylvania, York County
  2. [S1915] 1930 Census, Pennsylvania, York County
  3. [S4980] Find A Grave (Internet), Source Medium: Book
  4. [S12399] Social Security Death Index, Source Medium: Book
Family Explorer

George Groff Krug1

M, #49861
Pedigree Link

Family: Sarah Maria Leichty

DaughterElizabeth Krug+ (b. 17 March 1812, d. 12 March 1890)

BASIC FACTS

George Groff Krug had reference number 50175.

Citations

  1. [S5268] Genealogy prepared by bbaginsky (Ancestry.com)
Family Explorer

Sarah Maria Leichty1

F, #49862
Pedigree Link

Family: George Groff Krug

DaughterElizabeth Krug+ (b. 17 March 1812, d. 12 March 1890)

BASIC FACTS

Sarah Maria Leichty had reference number 50176.

Citations

  1. [S5268] Genealogy prepared by bbaginsky (Ancestry.com)
Family Explorer

Johann Jacob Heagy1

M, #49863
Pedigree Link

Family: Anna Christina Baumann

DaughterElizabeth Heagy+ (b. 1784, d. 12 March 1843)

BASIC FACTS

Johann Jacob Heagy had reference number 50177.

Citations

  1. [S5268] Genealogy prepared by bbaginsky (Ancestry.com)
Family Explorer

Anna Christina Baumann1

F, #49864
Pedigree Link

Family: Johann Jacob Heagy

DaughterElizabeth Heagy+ (b. 1784, d. 12 March 1843)

BASIC FACTS

Anna Christina Baumann had reference number 50178.

Citations

  1. [S5268] Genealogy prepared by bbaginsky (Ancestry.com)
Family Explorer

Frank N. Overdeer1,2,3,4,5

M, #49865, b. May 1866, d. 16 February 1947

Parents

FatherPeter Henry Overdeer (b. 2 June 1837, d. 11 January 1924)
MotherLucinda Mary Hoke (b. 1 August 1841, d. 25 January 1934)
Pedigree Link

Family: Sarah E. Lysinger (b. March 1867, d. 22 June 1949)

DaughterElizabeth A. Overdeer (b. about February 1902, d. 16 October 1904)
DaughterMargaret Frances Overdeer (b. 4 October 1908, d. 18 July 1970)

BASIC FACTS

Frank N. Overdeer was born in May 1866 in Gettysburg, Adams Co., Pennsylvania.6,1,7 He and Sarah E. Lysinger were married on 3 November 1897 in Wilmington, New Castle Co., Delaware.8 He died on 16 February 1947, at age 80, in Wilmington, New Castle Co., Delaware.6
Frank N. Overdeer had reference number 50179. He was enumerated on the census in Adams County, Pennsylvania (1880); New Castle County, Delaware (1900, 1910 - 1930.) He resided in Wilmington, New Castle Co., Delaware (1897.)8 He was a Bookkeeper (1900); contractor (1910); builder - general practice (1920); carpenter - contractor (1930); Vice President - Security Trust Company; President - W. D. Hadcock Construction Company (1946.)2,3,4,5,9 He was educated Attended High Street School, Gettysburg, Adams Co., Pennsylvania.7 NEWSPAPER ARTICLE - The Gettysburg Times (Gettysburg, PA), Tuesday, September 30, 1930, Page 4

On Monday of last week, Frank, a son of Peter Overdeer, of this place, whilst swinging on a horizontal bar at the College Gymnasium, fell and broke his right arm at the wrist.

OBITUARY - Gettysburg Compiler, Gettysburg, PA, Saturday, February 22, 1947, Page 3

TOWN NATIVE DIES SUNDAY IN DELAWARE
Frank N. Overdeer, a native of Gettysburg and a prominent contractor and builder, died Sunday morning at his home in Wilmington, Del., according to word received by friends here. Funeral services were conducted in Wilmington at 11 o'clock Tuesday morning.
The Overdeer family was prominent here for many years before moving to Wilmington. His father, Peter Overdeer, died in 1924. A veteran of the Civil War, Peter Overdeer had been one of the oldest surviving members of the Gettysburg lodge of the Independent Order of Odd Fellows when he moved from Gettysburg to Wilmington.
Visited Here Frequently
Frank Overdeer was a frequent visitor to Gettysburg and last March wrote that "to me there is no place more interestng than Gettysburg," in making a contribution of $100 to the Adams County Free Library.
In his letter accompanying that gift the man who was president of the W. D. Haddock Construction company at Wilmington, wrote that he wanted the library to "buy books of adventure and accomplishment for young people" with the money he sent.
He had attended the High Street school (1) here when he lived on Baltimore street and the High Street school was the only public school in town. He and the late William Armore, the late Charles Schick and John L. Schick had formed "what today would be know as a reading circle to buy books and then hand them about one to another so that we could all read them." There was great need for a public library then he added in complimenting the town on securing the library but that was in the early 1880's and there was not thought of such a thing as a library.

(1) The High Street School building, located at 40 East High Street, was the first public school building in Gettysburg. Built in 1857, it was used as a public school until 1957 and is still standing today.

COURT CASE REGARDING TRUST ESTABLISHED BY FRANK N. OVERDEER

BANK OF DELAWARE v. BANK OF DELAWARE 289 A.2d 639 (1972)
BANK OF DELAWARE, Trustee under Agreement dated June 30, 1928 with Frank N. Overdeer, Plaintiff, v. BANK OF DELAWARE, Executor u/w Margaret F. Overdeer, et al., Defendants.
Court of Chancery of Delaware, New Castle. March 14, 1972.
Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.
Henry R. Horsey, of Morris, James, Hitchens & Williams, Dover, for defendant Bank of Delaware, Executor U/W Margaret F. Overdeer.
Samuel R. Russell, of Wilson & Russell, Wilmington, for defendants Norman W. Hiller, Jr., Ruth O. Kramer, Abner R. Overdeer, Jr., Anna R. Overdeer, Robert H. Overdeer, and Ralph B. Pennington.
Robert W. Wakefield, of Walker, Miller & Wakefield, Wilmington, for Hamilton P. Fox, Jr., Administrator of the Estate of defendant Mildred A. Morris.
DUFFY, Chancellor:
Bank of Delaware, Trustee under an inter vivos trust agreement with Frank N. Overdeer, seeks instructions as to the persons to whom distribution of trust corpus should be made. Defendants are Bank of Delaware, as Executor under the Will of Trustor's daughter, Margaret F. Overdeer (Margaret's Executor), certain relatives of the Trustor who constitute his next of kin both at his death and at the date of his daughter's death (other defendants), and the Estate of Mildred A. Morris, a beneficiary under the Will of Peter H. Overdeer. Peter, one of Trustor's next of kin at the time of his death, predeceased Margaret. This is the decision on cross motions for summary judgment by Margaret's Executor and by other defendants.
A. On June 30, 1928 Mr. Overdeer entered into an inter vivos trust agreement with the Equitable Trust Company (now Bank of Delaware) which provided for payment of net income of the trust to the Trustor's wife, Sarah, and to Margaret in equal shares during their lives, the survivor to receive all of such income during the remainder of her life.
Upon the death of both Sarah and Margaret, the Trustee was instructed:
... to divide the net income thereafter arising from the said trust fund equally among the children of the said Margaret F. Overdeer, until the youngest of such surviving children shall attain the age of twenty-one years ....
AND UPON FURTHER TRUST when the youngest living of the children of the said Margaret F. Overdeer shall attain the age of twenty-one years, to divide the principal of the said trust fund into as many parts or shares as there shall be children of the said Margaret F. Overdeer then living....
In the event that Margaret died without leaving issue, the agreement provided:
AND IN FURTHER TRUST in the event of the death of both the said Sarah E. Overdeer and the said Margaret F. Overdeer, the said Margaret F. Overdeer leaving to survive her no children nor lawful issue of a deceased child or children, to pay the net income thereafter arising from the said trust fund unto the said Donor, for and during the term of his natural life and upon his decease, to divide, assign, transfer and pay over the whole of the said trust fund, principal and accumulated income to such person or persons who may then be his next of kin according to the statutes of distribution of the State of Delaware then in force, free and discharged from all trusts.
Mr. Overdeer died on February 16, 1947; his wife died on June 14, 1949; Margaret died on July 18, 1970, unmarried and without issue.
B. The complaint seeks instructions as to these questions:
(1) Are the Trustor's next of kin to be determined as of his death or as of Margaret's death?
(2) If next of kin are to be determined as of the Trustor's death, is Margaret excluded from taking as a next of kin?
[289 A.2d 641]
C. It is settled Delaware law that in the absence of a clear and unambiguous indication of an intention to the contrary, next of kin are determined as of the date of death of the ancestor and not at the time of death of the life tenant. Delaware Trust Company v. McCune, Del.Ch., 269 A.2d 256 (1970), aff'd sub nom. Bank of Delaware v. Delaware Trust Co., Del. Supr., 280 A.2d 534 (1971); Delaware Trust Co. v. Delaware Trust Co., 33 Del. Ch. 135, 91 A.2d 44, 38 A.L.R.2d 318 (1952). But this is a rule of construction, only, and it has no application when the instrument shows an intention that next of kin be determined as of some future date.
Mr. Overdeer provided for most contingencies but he did not expressly state what disposition was to be made if his only child, Margaret, survived him and died without issue. And that is what happened. The heart of the matter thus centers around construction of the failure of issue provision in the agreement. Since it does not, literally, contemplate the chain of events which actually occurred, it may not be given literal effect. But this is not to say that the provision should be ignored. On the contrary, I think it reasonable to assume that the Trustor intended this provision to cover all possible sequences of events. This is especially so because only the least likely series of events is literally contemplated by the provision.(1) Construction is called for and under our cases the object is to ascertain and give effect to the intention of the Trustor as shown by the provision and the agreement as a whole. Bird v. Wilmington Society of Fine Arts, 28 Del.Ch. 449, 43 A.2d 476 (1945); Delaware Trust Co. v. Delaware Trust Co., supra.
Margaret's Executor contends that the words "... to pay the net income... [to] ... Donor ... and upon his decease, to ... pay over the whole of the said trust fund ... to such person or persons who may then be his next of kin ..." (emphasis added) show an intent to have next of kin determined as of the time of death of the Trustor. Other defendants argue that the language shows an intention to have next of kin determined at the end of all life estates.
The Executor's argument is certainly supported by a reading of the language when one focuses on the word "then" and its position in the paragraph. That is, it appears following the language providing for a life estate to the Donor. But the difficulty with that contention is that the entire paragraph deals with a sequence of events which did not occur, i. e., Mr. Overdeer did not survive his wife and/or daughter. So while it might be said that Mr. Overdeer intended that his next of kin be determined as of the date of his death, it must also be said that any such intention was based on the assumption that he would survive Margaret and his wife.
Other provisions of the agreement regarding disposition of income or principal after the life estates specify that income shall be paid only to Margaret's surviving children or issue of deceased children; and principal was to be divided among the children "then living" or their surviving issue. Thus, the beneficiaries under these provisions were to be determined after the life estates of Margaret and Sarah Overdeer had terminated. And it is clear that these provisions were intended to benefit only living, blood relatives of the Trustor by limiting distribution to Margaret's children or their issue surviving to the date of distribution.
Viewing the document as a whole, there would be a certain incongruity in a construction which would, under one provision, limit Margaret's interest to that of a life tenant whose children must survive [289 A.2d 642] her to benefit, and which would, under a second provision, give Margaret the benefits of a sole remainderman. Such contrary intentions should not normally be found in the same instrument. Delaware Trust Co. v. Delaware Trust Co., supra, and annotation at 30 A.L.R.2d 393, 416 (1953).
The provision for benefit of next of kin is contingent upon Margaret's death without issue; had she left issue surviving, the estate would have gone to them. The time of taking was therefore fixed as of Margaret's death and it was the date the next of kin were provided for. I conclude that Mr. Overdeer intended that next of kin be determined at the time of Margaret's death. Compare Delaware Trust Co. v. Delaware Trust Co., supra, and Delaware Trust Co. v. McCune, supra.2
A construction which would determine next of kin at `Mr. Overdeer's death in 1947, some twenty-three years before Margaret died, would certainly require that she be included in that clause; and any exclusion of Margaret as next of kin would indeed be artificial. But it is obvious that Mr. Overdeer did not contemplate his daughter as his next of kin; his plain purpose was to limit her participation to a life estate. The conclusion which I reach gives effect to that purpose.
Finally, the construction which Margaret's Executor would place on the failure of issue provision would, in the normal course of events, result in benefiting estates of deceased relatives and (possibly) unrelated persons, rather than living relatives. Such a construction is not acceptable when the remainder of the instrument evidences an intention to benefit living, blood relatives of the Trustor.
I conclude that the word "then" in the failure of issue provision refers to the end of all life estates created under the trust agreement and not to the date of death of the Trustor in the present factual situation. Therefore, Trustor's next of kin should be determined as of the date of Margaret's death.
In view of this conclusion it is not necessary to consider the second question.
* * *
The motion of other defendants for summary judgment will be granted, the motion of Margaret's Executor will be denied.
FootNotes
1. At the time of execution of the trust agreement, the Trustor was 64 years of age and his wife was living; Margaret was 20.
2. Bedyk v. Bank of Delaware, 40 Del. 140, 176 A.2d 196 (1961) and Security Trust Co. v. Irvine, 33 Del.Ch. 375, 93 A.2d 528 (1953), apply the general rule under circumstances in which the respective instruments did not show an intention to do otherwise.

Citations

  1. [S342] 1880 Census, Pennsylvania, Adams County
  2. [S434] 1900 Census, Delaware, New Castle County
  3. [S759] 1910 Census, Delaware, New Castle County
  4. [S1581] 1930 Census, Delaware, New Castle County
  5. [S1132] 1920 Census, Delaware, New Castle County
  6. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  7. [S10190] Obituary - Frank N. Overdeer
  8. [S8889] Marriage Record - Frank N. Overdeer and Sarah M. Lysinger
  9. [S12427] U.S. City Directories, 1821 - 1989 (Ancestry.com)
Family Explorer

Sarah E. Lysinger1,2,3,4,5,6

F, #49866, b. March 1867, d. 22 June 1949

Parents

FatherDaniel Lysinger (b. about 1838)
MotherEuzina Smith
Pedigree Link

Family: Frank N. Overdeer (b. May 1866, d. 16 February 1947)

DaughterElizabeth A. Overdeer (b. about February 1902, d. 16 October 1904)
DaughterMargaret Frances Overdeer (b. 4 October 1908, d. 18 July 1970)

BASIC FACTS

Sarah E. Lysinger was born in March 1867 in Pennsylvania.1,7 She and Frank N. Overdeer were married on 3 November 1897 in Wilmington, New Castle Co., Delaware.7 She died on 22 June 1949, at age 82, in Wilmington, New Castle Co., Delaware.1
Sarah E. Lysinger had reference number 50180. She was enumerated on the census in York County, Pennsylvania (1880); New Castle County, Delaware (1900, 1910 - 1930.) She was a Bookkeeper (1900.)3 OBITUARY - Gettysburg Compiler, Saturday, June 25, 1949, Page 4

Mrs. Frank Overdeer Dies In Wilmington
Word has been received here by friends of the death last Wednesday in Wilmington, Del., of Mrs. Sarah E. Overdeer, 82. Mrs. Overdeer's husband, Frank, who died two years ago, was a former resident of Gettysburg and the family was well known here. Mr. Overdeer was in the contractng business in Wilmington for many years.
On her last annual visit to Gettysburg about five years ago, Mrs. Overdeer suffered a heart attack and was a patient in the Warner hospital until she was able to be moved to her home. She improved for a time but about a year later suffered a stroke which made her an invalid until her death.
The only immediate survivors are a daughter, Mrss Margaret Overdeer, and a sister, Mrs. Charles F. Roop, both of Wilmington.
Interment was made at Wilmington June 17.

Citations

  1. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  2. [S350] 1880 Census, Pennsylvania, York County
  3. [S434] 1900 Census, Delaware, New Castle County
  4. [S759] 1910 Census, Delaware, New Castle County
  5. [S1581] 1930 Census, Delaware, New Castle County
  6. [S1132] 1920 Census, Delaware, New Castle County
  7. [S8889] Marriage Record - Frank N. Overdeer and Sarah M. Lysinger
Family Explorer

Ella L. Overdeer1,2,3,4

F, #49867, b. September 1868, d. 1913

Parents

FatherPeter Henry Overdeer (b. 2 June 1837, d. 11 January 1924)
MotherLucinda Mary Hoke (b. 1 August 1841, d. 25 January 1934)
Pedigree Link

Family: Howard Meeks Pennington (b. 10 November 1869, d. 22 September 1925)

SonRalph Bartlett Pennington+ (b. 7 May 1896, d. February 1975)

BASIC FACTS

Ella L. Overdeer was born in September 1868 in Adams Co., Pennsylvania.1,2 She and Howard Meeks Pennington were married on 28 September 1893 in Wilmington, New Castle Co., Delaware.1 She died in 1913, at age ~45.1 She was buried in Riverview Cemetery, Wilmington, New Castle Co., Delaware.5
Ella L. Overdeer had reference number 50181. She was enumerated on the census in Adams County, Pennsylvania (1880); Delaware County, Pennsylvania (1900, 1910.)

Citations

  1. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  2. [S342] 1880 Census, Pennsylvania, Adams County
  3. [S641] 1900 Census, Pennsylvania, Delaware County
  4. [S984] 1910 Census, Pennsylvania, Delaware County
  5. [S7185] Genealogy prepared by Ruth Stonesifer (www.rstonesifer.com)
Family Explorer

Howard Meeks Pennington1,2,3,4,5

M, #49868, b. 10 November 1869, d. 22 September 1925

Parents

FatherLeonidas Levering Pennington
MotherMary Elizabeth Reynolds
Pedigree Link

Family: Ella L. Overdeer (b. September 1868, d. 1913)

SonRalph Bartlett Pennington+ (b. 7 May 1896, d. February 1975)

BASIC FACTS

Howard Meeks Pennington was born on 10 November 1869 in Maryland.1,6 He and Ella L. Overdeer were married on 28 September 1893 in Wilmington, New Castle Co., Delaware.1 He died on 22 September 1925, at age 55, in Chester Twp., Delaware Co., Pennsylvania.1,7 He was buried in Riverview Cemetery, Wilmington, New Castle Co., Delaware.7
Howard Meeks Pennington had reference number 50182. He was enumerated on the census in Cecil County, Maryland (1870); Delaware County, Pennsylvania (1900 - 1920.) He was a Printer (1900); printer - newspaper (1910); foreman - paper works (1920.)3,5 Howard was later married to Clara (Unknown) Campbell. Clara had two daughters from an earlier marriage.

Citations

  1. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  2. [S169] 1870 Census, Maryland, Cecil County
  3. [S641] 1900 Census, Pennsylvania, Delaware County
  4. [S984] 1910 Census, Pennsylvania, Delaware County
  5. [S1409] 1920 Census, Pennsylvania, Delaware County
  6. [S7462] Genealogy prepared by tmreyn27 (Ancestry.com)
  7. [S4980] Find A Grave (Internet), Source Medium: Book
Family Explorer

Ralph Bartlett Pennington1,2,3,4,5,6

M, #49869, b. 7 May 1896, d. February 1975

Parents

FatherHoward Meeks Pennington (b. 10 November 1869, d. 22 September 1925)
MotherElla L. Overdeer (b. September 1868, d. 1913)
Pedigree Link

Family: Helen Unknown (b. about 1906)

DaughterMary Pennington

BASIC FACTS

Ralph Bartlett Pennington was born on 7 May 1896 in Wilmington, New Castle Co., Delaware.1,2,7 He and Ethel M. Ruff were married on 18 November 1926 in Philadelphia, Pennsylvania.8 He and Helen Unknown were married before 1940.6 He died in February 1975, at age 78.9
Ralph Bartlett Pennington had reference number 50183. He was enumerated on the census in Delaware County, Pennsylvania (1900 - 1920); New Castle County, Delaware (1930); Delaware County, Pennsylvania (1940.) He was a Stenographer - Chester Shipbuilding Company, Chester, Pennsylvania (1918); clerk - paper works (1920); office clerk - mill (1930); production clerk - print works (1940); Eddystone Manufacturing Company, Eddystone, Delaware Co., Pennsylvania (1942.)6,7,5,4 He resided in Chester, Delaware Co., Pennsylvania (1922, 1935, 1942.)6,10,11

Citations

  1. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  2. [S641] 1900 Census, Pennsylvania, Delaware County
  3. [S984] 1910 Census, Pennsylvania, Delaware County
  4. [S1581] 1930 Census, Delaware, New Castle County
  5. [S1409] 1920 Census, Pennsylvania, Delaware County
  6. [S2293] 1940 Census, Pennsylvania, Delaware County
  7. [S12722] World War I Draft Registration Cards (Ancestry.com)
  8. [S7376] Genealogy prepared by SwtGodlines (Ancestry.com)
  9. [S12399] Social Security Death Index, Source Medium: Book
  10. [S12482] U.S., World War II Draft Registration Cards, 1942 (Ancestry.com)
  11. [S9244] Newspaper Article - The Delmarvia Star (Wilmington, DE), Sunday, October 1, 1922, Page 3
Family Explorer

Cora K. Overdeer1,2,3,4,5,6,7

F, #49870, b. April 1870, d. 1940

Parents

FatherPeter Henry Overdeer (b. 2 June 1837, d. 11 January 1924)
MotherLucinda Mary Hoke (b. 1 August 1841, d. 25 January 1934)
Pedigree Link

Family: Joseph H. Bartlett (b. 1 September 1869, d. 2 April 1931)

Step-sonCharles Bartlett (b. May 1887)

BASIC FACTS

Cora K. Overdeer was born in April 1870 in Pennsylvania.1,2,3 She and Joseph H. Bartlett were married on 15 October 1895 in Delaware.3,8 She died in 1940, at age ~70.1 She was buried in Probably Riverview Cemetery, Wilmington, New Castle Co., Delaware.9
Cora K. Overdeer had reference number 50184. She was enumerated on the census in Adams County, Pennsylvania (1880); New Castle County, Delaware (1900 - 1940.)

Citations

  1. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  2. [S342] 1880 Census, Pennsylvania, Adams County
  3. [S434] 1900 Census, Delaware, New Castle County
  4. [S1132] 1920 Census, Delaware, New Castle County
  5. [S759] 1910 Census, Delaware, New Castle County
  6. [S1581] 1930 Census, Delaware, New Castle County
  7. [S2062] 1940 Census, Delaware, New Castle County
  8. [S8912] Marriage Records - Delaware Marriage Records, 1806 - 1933 (Ancestry.com)
  9. [S3580] Death Certificate - Joseph H. Bartlett
Family Explorer

Joseph H. Bartlett1,2,3,4,5,6

M, #49871, b. 1 September 1869, d. 2 April 1931

Parents

FatherJohn T. Bartlett
MotherVirlenia "Anna" Cohee
Pedigree Link

Family: Cora K. Overdeer (b. April 1870, d. 1940)

SonCharles Bartlett (b. May 1887)

BASIC FACTS

Joseph H. Bartlett was born in September 1868 in Delaware.3 He was born on 1 September 1869 in Delaware.1,7 He and Cora K. Overdeer were married on 15 October 1895 in Delaware.3,8 He died on 2 April 1931, at age 61, in Wilmington, New Castle Co., Delaware.1,7 He was buried in Riverview Cemetery, Wilmington, New Castle Co., Delaware.7
Joseph H. Bartlett had reference number 50185. He was enumerated on the census in New Castle County, Delaware (1870, 1900 - 1930.) He was a Salesman (1900), sheriff - county (1910); owner - palking machine store (1920); department recorder d??? - city government (1930); clerk (death certificate.)3,6,4,5,7 Joseph appears to have been married prior to his marriage to Cora. The 1900 Census shows a son, Charles Bartlett, born about eight years before Joseph's marriage to Cora.

DEATH NOTICE - New Oxford Item, New Oxford, Pennsylvania, Thursday, April 9, 1931, Page 4

JOS H BARTLETT
Word was received in Gettysburg over the week-end of the death in Wilmington, Delaware, Friday of Joseph H Bartlett. Mr. Barteltt is survived by his widow, who was Miss Cora Overdeer, daughter of Mr. and Mrs. Peter Overdeer, Gettysburg.

DEATH NOTICE - Gettysburg Compiler, Gettysburg, PA, April 11, 1931

Husband Of Local Woman Succumbs
Word was received here over the week-end of the death in Wilmington, Delaware, last Friday of Joseph H. Bartlett, who is well-known here. The funeral was held this afternoon in Wilmington.
Mr. Bartlett is survived by his widow, who was Miss Cora Overdeer, daughter of Mr. and Mrs. Peter Overdeer, Gettysburg.
He was a member of the Methodist Episcopal church and was a member of the Odd Fellows.

Citations

  1. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  2. [S139] 1870 Census, Delaware, New Castle County
  3. [S434] 1900 Census, Delaware, New Castle County
  4. [S759] 1910 Census, Delaware, New Castle County
  5. [S1132] 1920 Census, Delaware, New Castle County
  6. [S1581] 1930 Census, Delaware, New Castle County
  7. [S3580] Death Certificate - Joseph H. Bartlett
  8. [S8912] Marriage Records - Delaware Marriage Records, 1806 - 1933 (Ancestry.com)
Family Explorer

Peter Henry Overdeer, Jr.1,2,3,4,5,6,7,8,9

M, #49872, b. 1 October 1871, d. 1940

Parents

FatherPeter Henry Overdeer (b. 2 June 1837, d. 11 January 1924)
MotherLucinda Mary Hoke (b. 1 August 1841, d. 25 January 1934)
Pedigree Link

BASIC FACTS

Peter Henry Overdeer, Jr., was born on 1 October 1871 in Gettysburg, Adams Co., Pennsylvania.1,2,7,10 He and Mary Anna Griffith were married on 16 June 1909 in Delaware.7 He died in 1940, at age ~69, in New Castle Co., Delaware.1
Peter Henry Overdeer, Jr., had reference number 50186. He was enumerated on the census in Adams County, Pennsylvania (1880); New Castle County, Delaware (1900 - 1940.) He was a Carpenter (1900); carpenter - contractor (1910); carpenter - home builder (1920); carpenter - contractor (1930.)3,4,6

Citations

  1. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  2. [S342] 1880 Census, Pennsylvania, Adams County
  3. [S434] 1900 Census, Delaware, New Castle County
  4. [S759] 1910 Census, Delaware, New Castle County
  5. [S1132] 1920 Census, Delaware, New Castle County
  6. [S1581] 1930 Census, Delaware, New Castle County
  7. [S8912] Marriage Records - Delaware Marriage Records, 1806 - 1933 (Ancestry.com)
  8. [S2062] 1940 Census, Delaware, New Castle County
  9. [S12427] U.S. City Directories, 1821 - 1989 (Ancestry.com)
  10. [S9244] Newspaper Article - The Delmarvia Star (Wilmington, DE), Sunday, October 1, 1922, Page 3
Family Explorer

Mary Anna Griffith1,2,3,4,5,6,7

F, #49873, b. about 1872

Parents

FatherCharles H. Griffith
MotherVirginia J. Emerson
Pedigree Link

BASIC FACTS

Mary Anna Griffith was born about 1872 in Dover, Kent Co., Delaware.3,2 She and Peter Henry Overdeer, Jr., were married on 16 June 1909 in Delaware.2
Mary Anna Griffith had reference number 50187. She was enumerated on the census in Kent County, Delaware (1880); New Castle County, Delaware (1910 - 1940.)

Citations

  1. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  2. [S8912] Marriage Records - Delaware Marriage Records, 1806 - 1933 (Ancestry.com)
  3. [S759] 1910 Census, Delaware, New Castle County
  4. [S1132] 1920 Census, Delaware, New Castle County
  5. [S1581] 1930 Census, Delaware, New Castle County
  6. [S232] 1880 Census, Delaware, Kent County
  7. [S2062] 1940 Census, Delaware, New Castle County
Family Explorer

Willis Luther Overdeer1,2,3,4,5,6,7

M, #49874, b. 27 June 1873, d. 1963

Parents

FatherPeter Henry Overdeer (b. 2 June 1837, d. 11 January 1924)
MotherLucinda Mary Hoke (b. 1 August 1841, d. 25 January 1934)
Pedigree Link

Family: Zimmira Rebecca Rhoads (b. 1876, d. 1938)

DaughterAnna R. Overdeer (b. 1907, d. 1975)

BASIC FACTS

Willis Luther Overdeer was born on 27 June 1873 in York, York Co., Pennsylvania.1,2,8,6 He and Zimmira Rebecca Rhoads were married on 16 March 1904 in Wilmington, New Castle Co., Delaware.6 He died in 1963, at age ~90.1 He was buried in Mount Salem Cemetery, Wilmington, New Castle Co., Delaware.9
Willis Luther Overdeer had reference number 50188. He was enumerated on the census in Adams County, Pennsylvania (1880); New Castle County, Delaware (1900 - 1930.) He was a Plumber (1900); steam fitter (1904); supervisor - steam fitting (1910); Superintendent - Du Pont Company, Shaw Shops, Wilmington, New Castle Co., Delaware (1918); mechanical engineer - chemical plant (1920); salesman - pipe company (1930.)3,4,5,7,8,6 He resided in Wilmington, New Castle Co., Delaware (1918.)8 GRAVE MARKER

OVERDEER
WILLIS L. OVERDEER
1873 - 1963
HIS WIFE
ZIMMIRA R. RHOADS
----------
ANNA R. OVERDEER
1907 - 1975.

Citations

  1. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  2. [S342] 1880 Census, Pennsylvania, Adams County
  3. [S759] 1910 Census, Delaware, New Castle County
  4. [S1132] 1920 Census, Delaware, New Castle County
  5. [S434] 1900 Census, Delaware, New Castle County
  6. [S8912] Marriage Records - Delaware Marriage Records, 1806 - 1933 (Ancestry.com)
  7. [S1581] 1930 Census, Delaware, New Castle County
  8. [S12722] World War I Draft Registration Cards (Ancestry.com)
  9. [S4980] Find A Grave (Internet), Source Medium: Book
Family Explorer

Zimmira Rebecca Rhoads1,2,3,4,5

F, #49875, b. 1876, d. 1938

Parents

FatherIsrael R. Rhoads
MotherAnna C. Whitcraft
Pedigree Link

Family: Willis Luther Overdeer (b. 27 June 1873, d. 1963)

DaughterAnna R. Overdeer (b. 1907, d. 1975)

BASIC FACTS

Zimmira Rebecca Rhoads was born in 1876 in Wilmington, New Castle Co., Delaware.1,2,4 She and Willis Luther Overdeer were married on 16 March 1904 in Wilmington, New Castle Co., Delaware.4 She died in 1938, at age ~62.1 She was buried in New Salem Cemetery, Wilmington, New Castle Co., Delaware.1,6
Zimmira Rebecca Rhoads had reference number 50189. She was enumerated on the census in New Castle County, Delaware (1910 - 1930.) GRAVE MARKER

OVERDEER
WILLIS L. OVERDEER
1873 - 1963
HIS WIFE
ZIMMIRA R. RHOADS
----------
ANNA R. OVERDEER
1907 - 1975.

Citations

  1. [S6752] Genealogy prepared by mcgulden (Ancestry.com)
  2. [S759] 1910 Census, Delaware, New Castle County
  3. [S1132] 1920 Census, Delaware, New Castle County
  4. [S8912] Marriage Records - Delaware Marriage Records, 1806 - 1933 (Ancestry.com)
  5. [S1581] 1930 Census, Delaware, New Castle County
  6. [S4980] Find A Grave (Internet), Source Medium: Book
Compiler: Tracy DeVault
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