Chapter 6 Postscript: From A Legal Perspective

I consulted with local counsel for interpretation of the legal documents thus far. I wanted to share her insights with you. I believe her legal and historical information will clarify a great deal for us. It will give us a broader perspective of what was actually happening when you are reading the context of the legal documents.

 The following are her legal perspectives:

1. Oklahoma law at the time of filing for the divorce required a statement of fault called a "ground for divorce" by the filing party.  Oklahoma at that time did not have a "no-fault" provision as we do today. What frequently happened when a person wanted a divorce was a tragedy. Much deception occurred in the petitions to obtain a divorce. It was a common practice. The statements Grover Sr.  made were actually the kindest available under law during that era. Many times unfound allegations of adultry or insanity were used. Domestic violence wasn't even considered an appropriate ground (reason) for the era.                                                                                                                                                                                                 Since Myrtle was incompetent she did not have the legal ability to file for divorce even if she wished to do so.  Grover Sr. as the filing party had to have a ground.  Since he was plaintiff he could not use the reason of his infidelity because adultry was punishable. Also your historical detailing indicates he was a bigamist which was also a punishable crime. So, it would be unfair to view Grover Sr.'s actions based on Oklahoma law today as cruel for that era. Not that I am defending any of his actions. Just explaining the viewpoint of Oklahoma law for the period the divorce was filed within. 
2. The divorce was effective the moment the Judge signed the Decree/Order. The 6 month period referred to another marriage not be considered valid until 6 months from the date of the decree/order of divorce being granted. It is odd wording for the era, but this is an accurate translation of the language used from the legal perspective. 
3. An incompetent (then known as insane) person had very few legal rights.  It was not uncommon for husbands to have wives placed under guardianships to be "rid" of them. 

Again, my counsel said "we need to  remember the era". When Grover and Myrtle were married in 1915, women were basically property of their husbands and women's rights were a new thing. She pointed out that the right to vote was not formally amended until August 18, 1920.

The information she shared is sad and unfair, but it is the truth. The facts and truth of history are not always what we want to hear, but it is what it is - the truth.

Chapter 7: Barnes VS. Barnes

Now in the same year, 1952 and on the 13th day of November, my father, Grover J. Barnes Jr., files a petition against his father Grover J. Barnes Sr. As the son of Myrtle Laxton Barnes, Grover Jr. accuses his father, Grover Sr. of neglectling his guardianship duties. This filing was in the Sealed Guardianship File. However, let me recap the dates of the Divorce case between Grover Sr. and Arnie that I shared in the last chapter. The court issued a judgement dated November 25th, 1952 in Arnie's favor; she files an Appeal asking to be awarded more than what the Judge orders on November 25, 1952; On the same day, the Judge Over rules her;  then December 4th, 1952 Grover Sr. and Arnie jointly agree to dismiss the divorce. Now I will continue on with the petition my father filed.

I am not sure whether my parents knew Arnie and Grover Sr. were in the middle of divorce proceedings when my father filed his petition on November 13, 1952.  My mother has trouble remembering details right now, but when I heard the story told years ago about my father forcing his Dad to help take care of my Grandma Myrtle Barnes, their divorce was never part of the story.  But apparently, Grover Jr., Buddy and Betty found out at some point, that Grover Sr. had divorced their mother Myrtle while he was acting guardian and married Arnie. Grover Jr. also accuses him of not paying Myrtle's bills with the money awarded him in the Guardianship hearing. Therefore the following petition was filed to remove Grover Sr. as Guardian of Myrtle and a request for Grover Jr. to become her guardian. Also, Grover Jr. wanted restitution from Grover Sr. and to prove that he was not legally divorced from Myrtle.
My brother, Mike, shared a story with me that I have probably heard hundreds of times from my parents while growing up. However, he shared the story from his perspective, it was a part of the story that I had never heard before. During this Fall of 1952, Mike would have been 7, nearly 8. He remembers our Dad driving somewhere to meet Grover Sr. Mike was in the front seat and my Mom in the back. He knew this man was his Grandfather, but it was the first and only time he would ever remember seeing him. My parents said Grover Sr. asked to see Mike, but my Dad would only agree to just that; he could only come to the car to look at him. Mike remembers my father arguing with Grover Sr., but mostly pleading him to help with our Grandma Barnes. He remembers it being the first and one of the few times he would ever see his Dad cry. He remembers what my parents always told us our Dad said to our Grandfather that day. He told Grover Sr., "I will never raise him that way you raised us or do to my family what you did to yours!"
Since Mike's memory is so strong, I'd like to believe it is 1952 and my Dad went to Grover Sr. before he filed the papers at the courthouse. Knowing my father as I do, I can imagine he gave Grover Sr. a chance to do the right thing before taking him to court. Mother and Mike cannot remember exactly what Grover Sr. said, but apparently he, along with Arnie refused my Dad's pleas for help.

The following is the Petition filed November 13, 1952 at the Tulsa County Court House.

Since my Dad is accusing Grover Sr. of misuse of the Guardianship funds, the Court requests on November 25, 1952, a hearing concerning the annual account along with the consideration of his resignation as Guardian of Myrtle Barnes.

Grover Sr. submits his Annual Account of Guardian and Application for Approval of Resignation

In the following Account and Administration report, Grover Sr. finally answers to how he has spent the money allocated for Myrtle's care including how he spent Myrtle's Insurance money.

Court reconvened on December 8, 1952 and the Judge made his judgement. Fortunately for Myrtle and Grover, Jr., the Judge removed Grover Sr. as Guardian. However, he dismissed Grover Jr.'s allocation of misuse of the funds. The Judge accepted Grover Sr.'s Guardianship Account.

The following is the Court documents from the December 8, 1952 hearing:

Grover Jr. was not able to convince the judge that Grover Sr. was not performing his duties as Guardian for Myrtle and misused the funds. But now as Myrtle's legal guardian, Grover Jr. will move forward with more legal allocations against his Dad, Grover Sr. 

Chapter 8 will begin January 10, 1953 with a new summons for Grover Sr. to once again appear in court.

Chapter 6: The Marriage.....A Trail of Lies

Sometime between January 3, 1948 and 1950, Grover Sr. and Arnie returned to Tulsa. Arnie filed for divorce in 1950, but the records do not exist at the Tulsa County Court House. It just states that the divorce was filed by Arnie and then immediately dismissed.
However, on April 14, 1952, Arnie filed for divorce again at the Tulsa County Court House and this time she filed a petition. The divorce documents below and everything I'm sharing in this chapter is part of a public Divorce file. Also, notice that many of Arnie's accusations are amazingly similar to Myrtle's 1929 accusations.

Petition filed April 14, 1952 by Arnie:

The next document is a restraining order against Grover Sr. along with a request for temporary alimony, attorney fees and costs. He is also restrained from annoying, harming, molesting or threatening Arnie in any manner.

A new petition from Arnie against Grover Sr. is filed on October 14, 1952. At the beginning of the petition it states that both parties effected a reconciliation, and that the last action was dismissed on May 8, 1952, with Grover Sr. agreeing to keep his promises. What is even more mind boggling to me, is that it appears May 24, 1952 is the first time Grover Sr.'s name is on the house Arnie purchased in 1945. So unless I am missing a filing between 1945 and 1952, it is just a couple of weeks after the second divorce dismissal that he becomes co owner of the house at 1412 1/2 5th Ct. in Tulsa.

Petition dated October 14, 1952

(Make note on the above page of what Arnie accuses Grover of saying: ".....the Plaintiff's (Grover Sr.) former wife is now an inmate of an asylum and the defendant (Grover Sr.) has stated that that is where he is going to put the plaintiff (Arnie)."

Grover is personally served the Restraining Order below on October 15, 1952:

This time, Grover returns with a Cross Petition dated October 16, 1952, answering the above charges.  You will notice that Grover doesn't feel Arnie is any better than Myrtle about "cohabitation as husband and wife", providing a home, cooking or the over all duties of a wife in marriage! Also note that these are the documents I referred to in the previous chapters. These are Grover's documented words concerning where and what he and Arnie was doing between 1941 and 1952.

Now if I understand correctly, Arnie is not completely happy with judgement handed down by the court. She was happy the Judge ruled in her favor as far as the divorce is concerned, however, she requested to received everything and the Judge said everything, including the house, was to be divided equally. Therefore, she filed an Appeal.

On November 25, 1952, Arnie is overruled by the Court. All property must be divided.

 

The following document states that on December 4th, approximately a week after Arnie's appeal is denied, they jointly agree that the decree of divorce and equal distribution of the property should be set aside, vacated and held for naught. The petition and cross petition are dismissed and they will continue as man and wife. When I explain to you what happens in the court proceedings held in the Sealed Guardianship file, I will let you make your own determination as to why Arnie and Grover Sr. decided to jointly agree that the divorce be dismissed.

I will close this chapter and start again in the next Chapter. In Chapter 7, I will show you how the trail leads back to the Sealed Guardian file during the same time Arnie and Grover's divorce proceedings were going on in 1952. Myrtle and my Dad, Grover Jr. will now enter the picture.....................