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.