The Wilmington Estate – Culbert One-Name Study

Introduction

The Wilmington Estate refers to the estate of James Culbert, who settled in Wilmington, Delaware, died there in 1871, and who appears to have been the brother of Moses Culbert, my immigrant ancestor. However, if they were brothers, our family has no documented information confirming this relationship.

Thus, the Wilmington Estate is one of the historical details that ties together the descendants of James and Moses Culbert. In addition to various correspondence among family members about the Estate, the bulk of the information about this Estate is obtained from the record of the Orphan’s Court of New Castle County, Delaware, stored in the Delaware Public Archives in Dover, Delaware. Not only do these records provide historical information about the families of these two men, they provide the primary evidence of a family connection between them.

James Culbert was born c. 1798 in Ireland, emigrated from there in the early to mid-1920s, arriving at Philadelphia, and settled in Wilmington, Delaware. He married Martha Morrison, had three sons, and led a relatively prosperous life as a grocer. He died in Jan 1871, without leaving a will. The only real estate he owned at his death was his house on a lot of 2,822 square feet located at 503 Market Street, Wilmington, Delaware. [1] The laws of the State of Delaware likely dictated the form of inheritance to be applied – that his property be equally divided between his surviving children, following life tenancy by his wife.

Martha Morrison Culbert died 16 Oct 1895. Her surviving sons were Thomas M. and Samuel Culbert. Their eldest son, James W. Culbert, had died in 1866. Samuel Culbert died 3 Feb 1903. In Samuel’s will he specified that all of his property and real estate be given to his “beloved friend, Hester A. Wisdom, wife of R. H. B. Wisdom, now of Philadelphia” in life tenancy, and at her death to her son, Samuel Culbert Wisdom. [2]

The second son of James and Martha Culbert was Thomas M. Culbert, who died on 29 or 30 Sep 1903. In Thomas’ will he gave all of his property to his wife, Martha BOYD Culbert, as a life estate, and upon her death to: Robert [Fleming] Culbert and John [Snowden] Culbert of Philadelphia [John died 1 Jan 1904]; James [C.] CULBERT of Chester, Pennsylvania; Harry Murdick [the husband of Mary Murdick] of Wilmington; and Mary Ellen Culbert Muldoon [relationship unknown], of Baltimore, all five as tenants in common. These heirs were named most likely because Thomas and Martha bore no children, Thomas had no other surviving siblings, and because Robert, John, and James were the only three surviving male sons of Moses Culbert. Mary Ellen Culbert Muldoon is also probably related somehow. The will further stipulated that, should any of these five die during the life tenancy of Martha, that his or her interest would pass to any surviving children. Thomas also provided that, should any of these five die without any surviving children, his or her interest would be shared equally among the other heirs. Thomas also conditioned his bequest to his wife with the requirement that she take care of his house-keeper, Mary Murdick, for life. [3]

The above facts set the stage for the complex set of events pertaining to the Wilmington Estate, which are described in chronological order below, as compiled from the court records and documents, and also the various correspondence passed down in our family.

28 Jul 1924
Martha Culbert (the wife of Thomas M. Culbert, deceased) and Samuel Culbert Wisdom (the presumed son of Samuel Culbert and Hester A. Wisdom) filed in the Orphans Court for New Castle County, Delaware, a Petition for Partition of the real estate of James Culbert, deceased, of Wilmington, Delaware. At the time Martha lived in Marcus Hook, Pennsylvania, and Samuel lived in Philadelphia. The purpose of the petition was to gain Court approval to sell the estate property so that they could use the proceeds. [4]

This Petition represents several points, as follows: [4]

A deed of real estate in Wilmington, Delaware, consisting of a dwelling house and lot of land comprising some 2,822 square feet, located at 503 Market Street, was conveyed from John Sebo and wife to James Culbert, dated 21 Mar 1844, and recorded in Deed Record N, Vol. 9, page 504, New Castle County, Delaware. [The metes and bounds are described in the Petition.];
That the real estate was still owned by James CULBERT upon his death in Feb 1871. [Note: other records indicate James died 12 Jan 1871.] Having no will, the intestate laws of the State of Delaware directed that James’ heirs were to be his two surviving sons, Thomas M. Culbert and Samuel Culbert, each who received a one-half share;
That Thomas M. Culbert, still having his half share of the real estate, died on 3 Feb 1904 [sic – other records indicate his death on 29 Sep 1903.] His will directed that all of his real and personal property [including his half share of the described real estate] be passed to his heirs as stated above;
That Samuel Culbert died in Aug 1923 [sic – Samuel actually died 3 Feb 1903.] Samuel’s one-half share passed to Hester A. Wisdom, and upon her death to her son, Samuel Culbert Wisdom as stated above;
That Hester Wisdom died about 3 Aug 1909, and her son, Samuel Culbert Wisdom, is presently living;
That Samuel and his wife, Edith P. Wisdom, by deed dated 28 Jul 1924, not yet recorded [later recorded in New Castle County Deed Record W, Vol. 22, page 457], conveyed their half interest to Mary B.F. Hawkins, and on the same date, not yet recorded, she conveyed her interest back to Samuel C. Wisdom [later recorded in Deed Record W, Vol. 22, page 459. This conveyance back and forth was done to break the estate tail created by the will of Samuel Culbert; [4]
That Robert [Fleming] Culbert, named in the will of Thomas Culbert, died during the life estate of Thomas’ wife, Martha, leaving to his three surviving children his share. Those children are William Eves Culbert, of Collingswood, New Jersey, Joseph Warren Culbert, of Germantown, Pennsylvania, and Gertrude Culbert Bourne, of 3942 North Seventh Street, Philadelphia;
That John [Snowden] Culbert, named in the will of Thomas Culbert, died during the life estate of Thomas’ wife, Martha, leaving to his two surviving children his share. Those children are Robert Culbert and Harry Culbert, both of Chester, Pennsylvania;
That James [C.] Culbert, named in the will of Thomas Culbert, died without issue during the life estate of Thomas’ wife, Martha, and now his interest is divided equally among the surviving four beneficiaries or their survivors;
That Harry Murdick and Mary Ellen Culbert Muldoon, now known as Ellie C. Linthicum, both named in the will of Thomas Culbert, are living, the former at Wilmington and the latter at Hawthorne Court, Linthicum Heights, Maryland;
That based upon the foregoing facts, one half share of the real estate is held by Samuel C. Wisdom, and the other half by the remaining seven beneficiaries named above, in shares to be actually determined upon the death of Martha Culbert;
That the business address of Samuel C. Wisdom is 709 Walnut Street, Philadelphia, William E. Culbert resides at 1209 Grant Street, Collingswood, New Jersey, Harry E. Murdick resides at 1007 West Ninth Street, Wilmington, Delaware, and the remaining beneficiaries as given previously;
That all of the parties are of full age;
That no partition having been made, and since such partition would be detrimental to the interests to the parties because this land and improvements, consisting of one building, cannot be divided into two equal parts, and would bring a better price if sold in its entirety rather than if sold in parcels; and
That Martha Culbert, as the tenant for life, joins this petition and is willing to take the income from her half share of the net proceeds from the sale of this real estate.

The petitioners requested that the Court omit the appointment of Commissionsers to make partition, and order the sale of the property, dividing the net proceeds among the parties of interest, and issue a summons in partition to the parties requiring them to appear and show cause why a partition should not be made and the lands sold as requested.

30 Jul 1924
The Court ordered that a Summons in Partition be issued to William E. Culbert, Joseph Warren Culbert, Gertrude Bourne [all descendants of Moses Culbert], and Robert Culbert, Harry Culbert, and Ellie C. Linthicum [all descendants or related to the descendants of James Culbert], to appear in Court on or before 8 Sep 1924 to show cause why the real estate should not be partitioned. Notices of the order were posted in the office of the Clerk of Court and at the door of the Courthouse, and were sent by registered mail to those out of state, and served by the sheriff personally on Harry Murdick. Robert and Harry Culbert, represented by their attorney, Alexander Jamison, appeared in Court 4 Sep 1924. [5]

30 Aug 1924
Robert S. Culbert, of 629 E. 13th Street, Chester, Pennsylvania writes a letter to his cousin, William Eves Culbert, Secretary & Treasurer of the Arrott Steam Power Mills Company, 431 Walnut Street, Philadelphia, in response to a letter written to him by William two days earlier. He advises William that he and Harry Culbert have engaged counsel, Mr. Alexander Jamison, of Wilmington, and that Robert will contact Mr. Jamison to advise him that he should work with William’s counsel, Mr. Harmon(sic). Robert also writes that Samuel C. Wisdom visited Aunt Lou, Uncle Jim’s wife, [James C. Culbert, who died in Dec 1918, and his wife Louise, of Chester] with a real estate agent several weeks ago, telling her of the proposed sale, and asking if she thought the Culberts were very intelligent people and would engage an attorney to represent them in the matter. Robert signed this letter R. S. Culbert. [6]

2 Sep 1924
William Culbert wrote to Mrs. E. C. Linthicum as “Dear Madam:” advising her that Robert Culbert has engaged Mr. Alexander Jamison as counsel, and is advising her the he (William) does not think it necessary to retain the services of Mr. Harmon[sic]. On this same date he also wrote to Mr. Harmon[sic] stating that he had gotten agreement from Mr. Murdick and Mrs. Linthicum to send him (William) their shares of the retaining fee. Thus, he advised Mr. Harmon[sic] that their interests in this matter will be represented by Mr. Jamison. William mentions that he has not yet heard from Mr. Murdick or Mrs. Linthicum, and will write to them again today. He also mentions a meeting scheduled for 8 Sep 1924 where Mr. Jamison will be present. On this same date Harry Murdick writes to William, “Dear Sir:” on stationery of The Kentucky Hotel, Atlantic City, New Jersey, stating that he had met with Mr. Harmon[sic], and all was satisfactory. He enclosed his check of $25 paid to William, and states that he would be in Atlantic City the rest of the week. This letter is signed H. E. Murdick. [6]

3 Sep 1924
Robert G. Harman writes to William Culbert stating that he had already begun to work on the matter in response to the visit to his office by William Culbert together with Mrs. Linthicum, and a visit a few days ago by Mr. Murdick. Harman stated that his law brief was already completed. He asks William to stop by to look at it. He agreed to reduce his retainer to $75, from $100, with Robert Culbert being represented by Mr. Jamison, and he restated his agreement that compensation would be one-third of the amount if the suit was won, nothing if it was lost. [6]

4 Sep 1924
William writes to “Cousin Robert” stating that he has heard from Mr. Harman, who has spent considerable time of this matter, and advises Robert that the three of them will retain Mr. Harman to represent them and be present on the 8th. He also writes to Mr. Murdick of this and says he will forward the check received to Mr. Harman. He also writes to Mrs. Linthicum asking that she send a check payable to Mr. Harman. [6]

5 Sep 1924
Matilda M. Culbert [daughter of Robert S. Culbert] writes to William Culbert on stationery of the District Attorney’s Office, Delaware County, Pennsylvania, stating that they had received his letter of Sep 4. Robert was in contact with Mr. Jamison, who advises that the hearing has been postponed to a later date, “the judge agreeing to hold things up until the matter is thoroughly investigated.” She also asks if William knew that his attorney, Mr. Harman, also represents Samuel C. Wisdom. This letter is signed Matilda M. Culbert. [6]

6 Sep 1924
Ellie Linthicum writes to William, enclosing her check of $25, and apologizing for the delay, as she is located on a rural route, and so had to take the letter into town [Baltimore] to be posted on the 7th. She signed her letter (Mrs.) Ellie C. Linthicum. [6]

29 Apr 1925
The Court issued an Order of Sale, upon petition of George Townsend, attorney for the petitioners, stating that upon investigation of the record no cause having been given why the sale should not proceed, noting that a partition would not be in the interests of the parties, and therefore ordered the sale of the real estate at public auction to the highest bidder. The Court appointed George Townsend as Trustee to make the sale. The date of 3 Jun 1925 was set for the Trustee to report back to the Court on the sale proceedings. [7]

At some later date in 1925 a petition was made to the Court by Artisans Savings Bank and the Central National Bank of Wilmington stating that on 23 May 1925 the property at 503 Market Street was sold for $79,500 to the petitioners, who paid 10% of the purchase price to the Trustee. The Trustee declared that this amount would be returned if a clear title could not be delivered to the purchasers. The petitioners declared that the Trustee cannot deliver a clear title for the following reasons: [8]

Samuel C. Wisdom does not hold a fee simple interest to a half share of the property;
Samuel C. Wisdom did not take an estate tail under Samuel Culbert’s will in an equal, undivided half interest in the property;
The parties entitled to the property did not hold interests as stated in the Petition for Partition;
The Petition for Partition did not state the shares of the parties as governed by the statute relating to partitions, nor by Orphans Court Rule No. 20, which does not enable Commissioners to make allotments;
No summons was served on Martha Culbert, thus the Court held no jurisdiction over her interests;
The law governing partitions of real estate was repealed after the Petition for Partition was filed and before the Order for Sale was issued by the Court, and thus the Court had no authority to authorize the sale;
Under the laws in force at the time of the filing of the Petition for Partition the Court had no authority or jurisdiction over the reversionary or contingent interests in the property;
Because a sale under the statute governing joint estates and partitions that provided for partitions where there is a reversionary or contingent interest affects and changes vested rights of interest;
Because the Order of Sale disturbs the rights of and imposes burdens upon the remainder interests and parties entitled to contingent interest under the terms of the will mentioned in the petition for Partition;
Because a review of the return receipts of the service of the summons on file with the Clerk of Court show that they were not received by certain non-resident persons;
No summons was issued to the spouses of any of the parties;
No summons was issued to any parties having contingent interests, namely the children of Samuel and Edith Wisdom, namely David P. Wisdom, Samuel C. Wisdom, Jr., both minor sons of Samuel C. Wisdom, nor to Robert C. Linthicum, Herbert H. Linthicum, or Rebecca Linthicum, all three being children of Ellie C. Linthicum;
Because the Order for Summons erroneously states that the parties therein hold as tenants in common, and Samuel C. Wisdom holds in fee simple;
Because at the time of the filing of the Petition only only estates of joint tenants, tenants in common, and co-parcevers were subject to partition;
Because at the time of the filing of the Petition only holders in fee simple and life tenants were entitled to partition, and then only as between themselves and not those of contingent remainder interests;
Because under the wills stated in the Petition there are outstanding contingent interests not capable of or subject to partition, and could not be devested by judicial proceedings at that time, nor after passage of the statute relating to amendments to joint estates and their partition where there are reversionary or contingent interests; and
Because interests in remainder, reversion, and expectancy could not be sold or discharged from liens against remainders, reversions, and those having interests in expectancy, neither under the Act in force at the time of Petition nor as later amended.

On the basis of the foregoing the petitioning banks requested that the Court order the return of their payment and refuse to confirm the sale. [8]

8 Jul 1925
Harry Muedick petitioned the Court asking that other parties be accepted by the Court as having interests in the partition of real estate. It was stated:

That of the five persons named to inherit Thomas Culbert’s Estate following the death of Thomas’ wife, Martha, James Culbert had died without any surviving children;
That Robert F. and John S. Culbert had also died, each leaving surviving children who are now parties to this Estate;
That Harry Murdick has no children;
That Mary Culbert Muldoon, now known as Ellie Culbert Linthicum, may not survive Martha Culbert, and now has three children, namely Robert C. Linthicum (age 8), Herbert H. Linthicum (age 6), and Rebecca Linthicum (age 3);
That under the terms of Samuel Culbert’s will he gave his Estate to Hester A. Wisdom, and upon her death to her son Samuel Culbert Wisdom, and that Hester is now deceased, and that Samuel Wisdom is alive, but may not survive Martha Culbert, and that he now has two sons, David P. Wisdom and Samuel Culbert Wisdom, Jr.; and
That the Court should also recognize these five minor children as interested parties.

The Court agreed that these five children should be represented at the Court hearing scheduled for 15 Jul 1925. No cause was shown why the five should not be admitted, and the Court approved them on 16 Jul 1925. A guardian, Joseph C. JOLLS [no relation to the children] was appointed by the Court to represent them. [19]

9 Jul 1925
Presumably William Culbert writes to “Cousin Robert” stating that he is enclosing a letter received from Mr. Harmon [sic]. [This letter is not available.] William asks Robert if it is the intention of his counsel to contest the will of Samuel Culbert that gives half of his estate to Samuel C. Wisdom. He suggests that they plan together how to respond, rather than having separate counsel. William also states that “it looks to me as if we do not have a leg to stand on in endeavoring to prevent Mr. Wisdom from receiving one-half of the amount involved in the sale of the property.” [6]

25 Mar 1926
On this date Martha Culbert, of Marcus Hook, Pennsylvania and Samuel Culbert Wisdom, of Philadelphia, presented another Petition for Partition of the real estate to the Court. This Petition represented the same points as were made in their Petition of 28 Jul 1924 [see above], except the following: [The numbers that follow correspond to the numbers in the earlier Petition.] [10]

4. That Samuel Culbert died in Aug 1903 [sic – he actually died 3 Feb 1903]; and
6. That Samuel and his wife, Edith P. Wisdom, by deed dated 28 Jul 1924, recorded in New Castle County Deed Record W, Vol. 22, page 457, conveyed their undivided half interest to Mary B. F. Hawkins, and on the same date, she conveyed her interest back to Samuel C. Wisdom in fee simple, recorded in Deed Record W, Vol. 22, page 459.

New statements were added to the new Petition, as follows:

17. That it is in the best interests of all the parties that the real estate be sold because it is in need of extensive repairs requiring a large expense, and that the rents now received are not commensurate with the value of the property; and

18. That in the event of the death of Ellie C. Linthicum, her share would then be vested in her three children, namely Robert, Herbert H., and Rebecca Linthicum, who would be necessary parties to this proceedings.

The petitioners requested that the Court omit the appointment of Commissionsers to make partition, and order the sale of the property, dividing the net procees among the parties of interest, and issue a summons in partition to the parties requiring them to appear and show cause why a partition should not be made and the lands sold as requested.

A summons in partition was ordered to be issued by the Court to the several parties named, asking them to appear before 14 Apr 1926 and show cause why a partiton of the real estate should not be made. [I have a copy of this Court Order.] It was also noted by the Court that most of the parties reside outside the State of Delaware, and could not be served with a personal summons to appear, therefore, a copy of the summons was ordered to be posted in the office of the clerk of Court and on the door of the county court house, and sent by registered mail to each of the non-residents. Further notes indicate the summons in partition was issued 26 March and delivered to the sheriff for service, that the summons was returned marked served on Harry Murdick on the 30th of March, none of the others having a place of abode in the County or the State. [I have a copy of this Summons in Partition.] The Court Order and Summons were accompanied by a letter from the Court, dated 26 Mar 1926, stating that on the return of the sale of the real estate, objections were made to the title. [6] The matter was argued in Court, and the Court was uncertain whether the fact that these proceedings had commenced prior to the passage of the Act that makes it lawful to partition this real estate brought this proceeding within the Act. Thus, it was decided to start all over, and a new Order and Summons was issued.

14 Apr 1926
Robert C. Jolls, of Middletown, Delaware represents to the Court that the children of Ellie C. Linthicum are minors under the age of twenty-one and have no guardian, and having received notice to appear, asks that he be appointed Guardian ad litem. The Court so ordered. [20]

The Court examined the record and determined that Harry Murdick had been served, and duly given to the other parties, to appear on 8 Sep 1924 [This is a different date than the original summons], and no cause having been given why the partition should not be undertaken, the Court noted that a partition would not be in the best interests of the parties, and so ordered that the property be sold at public auction to the highest or best bidder, with the proceeds distributed among the parties in accordance with their rightfiul shares. George Townsend, was appointed trustee to make the sale, by first giving at least ten days notice, by public notice, newspaper advertisement, and by mail to each of the parties. [21]

8 May 1926
The property on Market Street was sold by George Townsend, Trustee, to Artisans Savings Bank of Wilmington for $79,500, and the funds were deposited in the estate account with the Farmers Bank of Wilmington. Of the net proceeds of $74,794.47, one half ($37,397.23) was paid to Samuel C. Wisdom on 2 Jun 1926 and the remaining half was held to be invested by the Trustee under the Court’s direction during the remaining lifetime of Martha Culbert. [18]

12 May 1926
George Townsend appeared in Court to describe his actions promoting the sale of the property, notice of which was duly posted, advertised, and mailed to the parties. The proceeds from the sale had been deposited in the Farmer’s Bank of Wilmington. The Court approved the sale, and ordered that the Trustee deliver a deed to the purchaser. [10]

2 Jun 1926
The Court directed that the costs of the Court proceedings, plus city and county taxes for the years 1924 and 1925, be paid from the proceeds of the sale of real estate (in the amount of $4,705.53), and the balance of $74,794.47 be distributed to the several tenants in common according to their respective shares. Half, or $37,397.23, being paid to Samuel C. Wisdom, and the remainder to the Estate under the life tenancy of Martha Culbert for further investment as directed by the Court so that the interest can benefit Martha during her lifetime. [11]

20 Jul 1926
William Culbert writes to Harry Murdick at 831 Market St., Wilmington, that he received his letter of July 16. William states he does not think it necessary to come to Wilmington, and that Mr. Harmon [sic] could prepare a legal brief that William could have signed by the interested heirs. He also states he wants something to be done to make Wisdom give up. [6]

14 Sep 1926
Robert N. Faulk petitioned the Court to request borrowing $7,000 from the Estate to cover part of the real estate and buildings acquired from Mary M. Faulk and her husband, Lambert J. Faulk, on 28 Jul 1926, for $13,500, known as Lot 7, revised plot of Section 1 of Villa Monterey, Brandywine Hundered, New Castle County, recorded in Deed Record Book P, vol. 32, page 601. The loan was agreed to by the Court to be secured by bond and mortgage constituting a first lien on the property, bearing interest of 6%, payable semi-annually to the life tenant, Martha Culbert. [12] The bond and mortgage was recorded in Mortgage Record Y, Vol. 21, Page 526, New Castle County. [10]

22 Sep 1926
The Court found that $441.37 in interest had accrued to the Account and ordered this amount paid to Martha Culbert. [13]

3 Nov 1926
$3,000 from the Estate account was invested in a bond and first mortgage on property owned by William and Mary O’Donnell located in Brandywine Hundred. [18]

24 Nov 1926
George Townsend, Trustee, petitioned the Court stated that he had invested $10,000 from the Account in mortgages on improved real estate, and that the remainder remains uninvested. The Trustee finds it difficult to secure proper mortgages for investment for the remainder of the Account, and requests that $10,000 be invested in First Mortgage Certificates issued by the Delaware Trust Company, which bear interest at 5%, payable twice per year. The Court so ordered. [14] The Certificates were purchased on 30 Nov. [18]

22 Dec 1926
The Court found that $195.04 in interest had accrued to the Account and ordered this amount paid to Martha Culbert. [15]

29 Dec 1926
The Trustee petitioned the Court that it approve the investment of $4,000 from the Estate Account in a bond and first mortgage on property owned by Charles R. and Reba M. Rickards, husband and wife, deeded to them on 21 Jul 1926, and recorded in Deed Record G, Vol. 34, page 411, situated in Gordon Heights, and also recorded in Deed Record F, Vol. 16, page 601. The investment would return interest of 6%, payable twice per year, and was approved by the Court. [16]

$8,000 from the Estate account was invested in First Mortgage Certificates of Equitable Trust Company. [17] [18]

The Trustee petitioned the Court that it approve the investment of $3,000 from the Estate Account in a bond and first mortgage on property owned by Sarah J. Van Neman, deeded to her by Earl L. Keen and wife on 1 Apr 1921, and recorded in Deed Record I, Vol. 30, page 69, situated in Brandywine Hundred, and further described as Lots 198, 199, and portions of 200 on plan of Mautrose, New Castle County, recorded in Deed Record Y, Vol. 18, page 601, etc. The investment would return interest of 6%, payable twice per year, and was approved by the Court. [20] The $3,000 from the Estate Account was invested in a bond and first mortgage on 6 Jan 1927. [18]

Later, the mortgages of William O’Donnell and Sarah Van Neman were paid back to the Trustee. [18]

4 Apr 1928
The Trustee petitioned the Court that it approve the investment of $5,000 from the Estate Account in a bond and first mortgage on property owned by Louise J. Whitford, deeded to her on 31 Mar 1926, and recorded in Deed Record B, Vol. 34, page 588, situated in Wilmington. The investment would return interest of 6%, payable twice per year, and was approved by the Court. [22]

5 Apr 1928
The Trustee deposits $5,000 to the Estate Account. [23]

11 Apr 1928
The Court found that $108.57 in interest had accrued to the Account and ordered this amount paid to Martha Culbert. [23]

18 Jan 1930 [or 5 Jan 1932 [19]]
$2,000 from the Estate account was invested in First Mortgage Certificates of Claymont Trust Company. [8]

25 June 1930
Mr. Harman writes to Mr. Culbert stating that 309 West 7th will be sold Saturday for city taxes unless those interested put up the funds to stop the sale. Mr. Harman calculates it will take $187.52 to cover taxes for 1927 and 1928, plus about $30 in sheriff’s costs. He says Mr. Murdick will pay his pro rata share, and asks if the others will act. He says that this is part of the estate of Thomas M. Culbert, assessed at $5,500, and Mr. Wisdom is not interested in the property. [6]

27 June 1930
Harry Murdick writes to William Culbert from 831 Market Street, Wilmington, on stationery marked “Millard F. Davis” at the top. He said he received William’s letter, and took it to show Mr. Harman. He states that there is no trustee in this case, only a collector who is presently ill. Mr. Murdick went to the Court House and found out the sale would take place the next day. He asked that the sale be stopped as the back taxes would be paid. The sheriff was contacted, who said the taxes owed were $93.76 per year for 1926-1928, plus sheriff’s fees, for a total of $312.11. Mr. Murdick paid this amount. He also stated that the 1929 taxes have not been paid, and 1930 taxes are almost due. He says he thinks “cousin Mattie is to blame for this neglect” [i.e. Matilda Culbert, daughter of Robert S. Culbert]. Finally he asks William to come down to Wilmington to discuss this matter. [6]

29 July 1930
Harry Murdick writes to William Culbert at Doriss and Paist, 311-313 Walnut Street, Philadelphia, as “Dear Sir:” He writes that he just returned from the “West” yesterday, and reports “we have a great case on our hands very much completed.” He went to see Mr. Harman today and Harman said he had seen the lady who rents the house and she has everything straightened out. He mentions receipts for rents and repairs made, attended to by Mr. Harman while he was gone. He also said that at the Court House he found out that county taxes had not been paid since 1926, and that it would cost $49.22 per year for 1926 and 1927 plus $4.36 in penalties for late payment. He says that cousin Mattie wants him to take charge of the house and collect the rent, but papers will have to be drawn to that effect, which Mr. Harman said he can do by getting cousin Mattie’s signature. Mr. Murdick said he would take care of this. [6]

5 Aug 1930
William Culbert writes to Harry Murdick upon his return from vacation, and thanks him for the details on the collection of rents on the Wilmington property in which they are all interested. He suggests that the lady be brought into court if she does not “pass up the rent she has collected.” William also suggests that Mr. Murdick handle the rent in the future for his cousin. [6]

13 Jan 1932
The Delaware Trust Company certificates for $10,000 were redeemed and paid to the Trustee. [8]

20 Jan 1932
The following investments were made: an additional $2,000 from the Estate account was invested in First Mortgage Certificates of Claymont Trust Company; $3,000 from the Estate account was invested in a bond and first mortgage on property owned by Donald M. Yost and wife, located at 2702 Thompson Place, Wilmington, recorded in New Castle County, Mortgage Record S, Vol. 25, page 218; and $5,000 from the Estate account was invested in a bond and first mortgage on property owned by Marvin F. Davis located in Newport, Delaware. [8]

1 May 1933
The Equitable Trust Company certificates for $8,000 were redeemed and paid to the Trustee. [8]

24 May 1933
$2,000 from the Estate account was invested in a bond and first mortgage on property owned by Leon W. Syfrit and wife located in Gordon Heights, Delaware, and $2,000 from the Estate account was invested in a bond and first mortgage on property owned by Mary B. Fisher located in Wilmington. [8]

25 May 1933
George Townsend, Trustee, documents that he has examined title to the property of Leon W. Syfrit, Jr. and Wilhelmina C. S. Syfrit, of 802 Haines Avenue, Gordon Heights, Delaware, on which the State of Delaware is taking a mortgage of $2000 for the benefit of Martha Culbert, and he finds that the owners have a good fee simple title, clear of all encumbrances. [6]

7 Jun 1933
$2,000 from the Estate account was invested in a bond and first mortgage on property owned by John W. Carter and wife located in Wilmington. [8]

30 Jun 1933
$2,000 from the Estate account was invested in a bond and first mortgage on property owned by Mary B. Fisher located in Wilmington. [8]

24 Jan 1934
Martha Culbert died. The persons entitled to the residue of the Estate following the death of Martha under provisions of the will of Thomas M. Culbert, namely William Eves Culbert, Joseph Warren Culbert, Robert Culbert, Harry Culbert, Ellie C. Linthicum, Gertrude Bourne, and Harry E. Murdick, were all living and of full age at the time of Martha’s death. [8]

25 Apr 1934
George Townsend, Trustee, files with the Orphan’s Court of New Castle County, the First and Final Account in the Matter of the Real Estate Late of James Culbert, deceased. Mr. Townsend reported that all of the investments of the Estate account had proved satisfactory, with the exception of the $7,000 invested in the first mortgage on the Villa Monterey property owned by Robert N. Faul and wife. This property became vested in a corporation and the interest payments fell in arrears. The Trustee foreclosed on the property and took title, at no cost to the Estate. A portion of the property was sold to the State Highway Department for the Washington Street extension for $1,500 on 20 Dec 1933, and a net income of $1,128.25 after necessary costs were paid. Of this net amount, $926 was spent on repairing and cleaning up the remaining property, and stated to the Court that it was well worth $7,000. Attached to this Account are exhibits showing the securities held in the Account [value $37,397.24], the funds received to the Account [total $13,250.38], and the income on the Account and payments made to Martha Culbert starting 22 Sep 1926 [total $12,550]. The Trustee also stated that he also would have on deposit to the Account a total of $898.66 after payment of the repair contract mentioned above. [8]

18 May 1934
The Trustee held a meeting at 401 Equitable Building, Wilmington at which all interested persons in the Estate were present or represented by counsel, and agreement on the following distribution of Account mortgages was made: [20]

To Harry E. Murdick – mortgage of Louise J. Whitford, dated 9 Apr 1928, recorded New Castle County, Mortgage Record I, Vol. 23, page 311, amount $5,000;
To Ellie C. Linthicum – mortgage of Charles R. and Reba M. Rickards, dated 3 Jan 1927, recorded New Castle County, Mortgage Record E, Vol. 22, page 439, amount $4,000; and mortgage of John W. Carter and wife, dated 7 Jun 1933, recorded New Castle County, Mortgage Record B, Vol. 26, page 420, amount $2,000;
To Robert S. Culbert – mortgage of Marvin F. Davis, dated 22 Jan 1932, recorded New Castle County, Mortgage Record S, Vol. 25, page 213, amount $2,500;
To Harry Culbert – mortgage of Marvin F. Davis, dated 22 Jan 1932, recorded New Castle County, Mortgage Record S, Vol. 25, page 216, amount $2,500;
To William E. Culbert – mortgage of Leon W. Syfrit, Jr., and wife, dated 25 May 1933, recorded New Castle County, Mortgage Record B, Vol. 26, page 391, amount $2,000; [Note: I have a copy of the Assignment of Bond and Mortgage for this property, from George Townsend to William Culbert, dated 29 May 1934, recorded in Assignment Record V, Vol. 4, page 60. The assignment says that Leon and Wilhelmina Syfrit are single man and single woman, not husband and wife, as mentioned in the Court record.]
To Joseph Warren Culbert – mortgage of Mary B. Fisher, dated 24 May 1933, recorded New Castle County, Mortgage Record B, Vol. 26, page 388, amount $2,000;
To Gertrude C. Bourne – mortgage of Mary B. Fisher, dated 30 Jun 1933, recorded New Castle County, Mortgage Record B, Vol. 26, page 569, amount $2,000.

23 May 1934
The Trustee petitioned the Court with the following information. The persons entitled to a share of the Account are: Harry E. Murdick, Wilmington, Delaware, one-fourth share; Ellie C. Linthicum, Linthicum Heights, Baltimore, Maryland, one-fourth share; Robert S. Culbert, Chester, Pennsylvania, one-eighth share; Harry Culbert, Chester, Pennsylvania, one-eighth share; William Eves Culbert, Collingswood, New Jersey, one-twelfth share; Joseph Warren Culbert, Germantown, Pennsylvania, one-twelfth share; and Gertrude Culbert Bourne, Philadelphia, Pennsylvania, one-twelfth share. The four First Mortgage Certificates of $1,000 incested with the Claymont Trust Company have been called for redemption. There is now $1,592.08 in uninvested funds and accrued interest on deposit in the Account at the Farmers Bank. The Trustee requested permission to transfer title in the mortgages to those as agreed to on 18 May 1934, and divide the remaining cash after all necessary costs are covered. In addition, the Trustee stated that the mortgage of Donald M. Yost, amount $3,000, and the tract of land with buildings in Brandywine Hundred valued at $7,000, cannot be equitably divided at this time, and should be retained in the best interests of the Estate. The petitioner also requested he be awarded 5 percent of the income collected on the Estate during the lifetime of Martha CULBERT [$634.27 total] and 2 percent of the principal amount on hand for investment [$747.94 total] as commission for his services, which has been agreed to by all parties. [20]

31 May 1934
William Culbert writes to Mr. Townsend, stating that he has his letter of 28 May, with enclosures, which William will distribute. He says he does not understand Mr. Townsend’s reference to the last mortgage, which will be taken over by the Home Owners Loan Corporation, when at the same time Mr. Townsend still holds real estate valued at $7,000, and asks for clarification. He also states that he is willing to accept a payment of $700 from Mrs. Syfrit on account of this mortgage. He also asks about the property at 309 West 7th St., and wants to know which heir should take title to it. [6]

25 Jul 1934
The Trustee petitioned the Court asking that the mortgage of Donald M. Yost be returned to same, now that the principal had been repaid, along with all accrued interest, on or about 12 Jul 1934. [24] The Trustee petitioned the Court stating that the parties interested in the Estate had agreed that the real estate from Robert and Margaret Faulk, that being the last asset in the Estate, be transferred to Robert S. Culbert, of Chester, Pennsylvania, as trustee for the remaining interested persons in the Estate, and upon receipt from Robert S. Culbert of a Declaration of Trust that the property will be held by him as Trustee for the benefit of the remaining beneficiaries, that he will make provisions for the naming of another Trustee should he be unable to serve, be removed, or die, and that conveyance of this property will be as directed by a majority of the beneficial interests in said property. The Trustee also noted that Joseph Warren Culbert has since died, and that in his will he had bequeathed all of his interests equally between his two nieces, Anna Culbert Bourne and Margaret L. Bourne, of Philadelphia, who would both share equally in his interest in this property being conveyed. [20] The real estate was transferred to Robert S. Culbert, as Trustee, on 6 Aug 1934, with the Declaration of Trust recorded in Deed Record L, Vol. 39, page 248, New Castle County. [10]

Aug – Dec 1934
The beneficiaries in the Estate individually recorded with the Court their release of George L. Townsend, Trustee, from any further responsibilities in the Estate. Anna C. Bourne and Margaret L. Bourne each received $1,558.22, Robert S. Culbert received $4,674.65, Harry Murdick received $9,349.30, Gertrude Bourne received $3,116.44, [Note: on 11 Dec 1934 Anna C. Bourne signed as guardian of the estate of Gertrude Bourne), William E. Culbert received $3,116.44, Harry Culbert received $4,674.65, and Ellie C. Linthicum received $9,349.30 as their final distribution. [21]

14 Nov 1935
Mrs. Wilhelmina Syfrit writes to William Culbert at 311-313 Walnut Street, Philadelphia, saying she has mailed copies of the tax receipts on the property at 802 Haines Avenue, Gordon Heights, Delaware. These receipts cover county taxes for this property, totaling $21.88 on a valuation of $5,000, and $2.38 for Mt. Pleasant School District No. 2 taxes, both paid on 6 Sep 1935 for tax year 1935. [6]

13 Aug 1944
Robert S. Culbert petitioned the Court, stating that on 22 Dec 1933 a foreclosure proceedings of a second mortgage on the lands owned by Robert N. and Margaretta Faulk caused the Trustee, George L. Townsend, to take title to their land by virtue of deed of Sheriff Irvin J. Hollingsworth dated 21 Dec 1933, recorded in Deed Record Z, Vol. 38, page 145, New Castle County. This real estate was subsequently transferred to the petitioner as trustee on 6 Aug 1934. Robert S. Culbert stated that according to a majority of the parties of interest, the real estate has now been sold, and requests permission to convey the real estate to the new owner, and that the mortgage of record now be noted as satisfied, and returned to Robert N. and Margaretta Faulk. [25]

References

[Information in brackets above and below are my editorial notes]

New Castle County, Delaware; Deed Record N, Volume 9, pp. 504-?, dated 21 Mar 1844.
Will of Samuel Culbert, New Castle County, Delaware; Will Record Z, Volume 2, pp. 290-?, dated 23 Nov 1885.
Will of Thomas M. Culbert, New Castle County, Delaware; Will Record C, Volume 3, pp. 118-?, dated 28 Sep 1903.
Petition for Partition, Estate of James Culbert, deceased; Records of the New Castle County, Delaware Orphan’s Court, Delaware Public Archives, Record Group 2840, Book P, Volume 3, pp. 94-99, dated 28 Jul 1924.
Order for Summons, Estate of James Culbert, deceased; Records of the New Castle County, Delaware Orphan’s Court, Delaware Public Archives, Record Group 2840, Book P, Volume 3, p. 99, dated 30 Jul 1924.
Copies of family correspondence in my possession. In addition, I have handwritten account records, presumably kept by my grandmother, Irene Gilbert Culbert [wife of William Eves Culbert], showing the income they received from the Wilmington Estate properties to which they were entitled, from 1934-1944. It appears that a total of $4,451.83 was received during this period, which was received from the Syfrit mortgage interest and settlement, and one-twelfth of the income and settlement of the property being held in trust by Robert S. Culbert.
Order of Sale, Estate of James Culbert, deceased; Records of the New Castle County, Delaware Orphan’s Court, Delaware Public Archives, Record Group 2840, Book P, Volume 3, pp. 100-102, dated 29 Apr 1925.
Petition to Set Aside Sale, Estate of James Culbert, deceased; Records of the New Castle County, Delaware Orphan’s Court, Delaware Public Archives, Record Group 2840, Book P, Volume 3, pp. 102-105, dated June(?) 1925.
Petition for Partition, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book P, Volume 3, pp. 416-423 and Book Q, p. 367, dated 25 Mar 1926.
Return of Sale and Confirmation, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book Q, Volume 3, pp. 371-373, dated 12 May 1926.
Decree of Distribution, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book Q, Volume 3, pp. 373-375, dated 2 Jun 1926.
Petition for Investment, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book Q, Volume 3, pp. 375-377, dated 14 Sep 1926.
Petition and Order for Payment of Interest, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book R, Volume 3, p. 490, dated 22 Sep 1926.
Petition for Investment, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book R, Volume 3, pp. 491-492, dated 24 Nov 1926.
Petition and Order for Payment of Interest, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book R, Volume 3, pp. 492-493, dated 22 Dec 1926.
Petition for Investment, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book R, Volume 3, pp. 493-495, dated 29 Dec 1926.
Petition for Investment, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book R, Volume 3, p. 497, dated 29 Dec 1926.
First and Final Account, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Chancery, Trustee Settlement Docket, Delaware Public Archives, Record Group 1225.79, Book H, Volume 3, pp. 252-259, dated 25 Apr 1934.
Petition and Order for Distribution, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book X, Volume 3, pp. 260-264, dated 23 May 1934.
Petition and Order to Convey Residue, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book X, Volume 3, pp. 325-327, dated 25 Jul 1934.
Releases by All Beneficiaries, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book X, Volume 3, pp. 498-503, recorded 1935.
Petition for Investment, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book T, Volume 3, pp. 86-88, dated 4 Apr 1928.
Petition and Order for Payment of Interest, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book S, Volume 3, p. 459, dated 11 Apr 1928.
Petition and Order to Satisfy Mortgage, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book X, Volume 3, pp. 314-315, dated 25 Jul 1934.
Petition & Order for Authority for Mortgage, in the Matter of the Real Estate Late of James Culbert, deceased; Records of the New Castle County, Delaware, Orphan’s Court, Delaware Public Archives, Record Group 2840, Book G, Volume 4, pp. 379-382, dated 13 Aug 1944.