Individual Details
Virginia Payne
(24 Mar 1914 - 30 Jun 1945)
She died young
================
New York, New York, Death Index, 1852-1948
Virginia Martindell
b, 1914
D, 30 July 1945, Manhattan, NY
Cert # 16760
Source Information
Ancestry.com. New York, New York, Death Index, 1862-1948 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014.
Original data: Index to New York City Deaths 1862-1948. Indices prepared by the Italian Genealogical Group and the German Genealogy Group, and used with permission of the New York City Department of Records/Municipal Archives.
======================================
Virginia Martindale
in the U.S., Find A Grave Index, 1600s-Current
Go to websiteWant to get involved? Click here!
Report issueName: Virginia Martindale
Birth Date: 1914
Death Date: 1945
Cemetery: East Hill Cemetery
Burial or Cremation Place: Rushville, Rush County, Indiana, USA
Has Bio?: Y
Father: Ralph Payne
Mother: Jennie Payne
URL: http://www.findagrave.com/cgi-...
Source Information
Ancestry.com. U.S., Find A Grave Index, 1600s-Current [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
Original data: Find A Grave. Find A Grave. http://www.findagrave.com/cgi-bin/fg.cgi.
==================================
Virginia Payne Martindale
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Birth: 1914
Death: 1945
Buried in family mausoleum
Family links:
Parents:
Ralph Payne (1875 - 1948)
Jennie Wallace Payne (1875 - 1985)
Burial:
East Hill Cemetery
Rushville
Rush County
Indiana, USA
Plot: Section 2
Created by: Shmilybrandon
Record added: Jan 24, 2010
Find A Grave Memorial# 47074941
==================================================
Court of Errors and Appeals.
·
135 N.J. Eq. 454 (N.J. 1944)MARTINDELL V. MARTINDELL
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The opinion of the court was delivered by PARKER, J.
This appeal is an aftermath of a wife's divorce suit, in which her petition was dismissed, and her application for taxed costs, "suit money" and counsel fee was denied by decree of the Court of Chancery. She appealed to this court, unsuccessfully as to the gravamen of the suit, but we reversed the decree as regards the taxed costs, "suit money" and counsel fee, and remanded the cause with direction to award "costs and reasonable counsel fee" to the wife. Martindell v. Martindell, 133 N.J. Eq. 267, 269.No mention of "suit money" appears in our opinion, and our decree remands the case "with direction that costs and reasonable counsel fee be assessed against the defendant respondent and in favor of the petitioner appellant." Accordingly, the Court of Chancery, by an order dated March 9th, 1944, directed the husband to pay (a) the sum of $522.27 costs and counsel fee in this court: (b) the sum of $370, cost of stenographic transcript to be part of the costs: (c) a counsel fee of $2,000: and (d) taxable costs in Chancery. That order is before us on the present appeal; and it is argued that the counsel fee of $2,000 is inadequate: and that the refusal or failure to order the payment of "suit money" was erroneous.
As to the counsel fee of $2,000, we see no reason to interfere with the decision of the trial court: and as regards the claim of "suit money" it is to be observed, as already noted, that the opinion of this court, ubi supra, does not mention it at all, but that the words "suit money" occur only in the decree of reversal and remittitur, drawn by counsel for the the wife, and, as usual in such cases, not submitted to the court before filing; and, moreover, the express direction to the court below in the decree of reversal does not mention "suit money" at all. That court, of course, was bound by theremittitur, and the proper remedy for any error or omission in that regard was by application to this court for an amendment of such remittitur. Kurth v. Maier, 134 N.J. Eq. 511.
The decree under review is therefore affirmed.
For affirmance — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, COLIE, DEAR, WELLS, RAFFERTY, HAGUE, THOMPSON, DILL, JJ. 15.
For reversal — None.
from
https://casetext.com/case/martindell-v-martindell
================================
Court of Errors and Appeals.
·
133 N.J. Eq. 267 (N.J. 1943)MARTINDELL V. MARTINDELL
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The opinion of the court was delivered by RAFFERTY, J.
This appeal is from a decree of the Court of Chancery which dismissed a petition for divorce filed by complainant, appellant here, and denied the application of petitioner for taxed costs, suit money and counsel fee.
The action below was grounded in adultery alleged to have been committed by the husband. The answering pleading specifically denied the several acts of adultery alleged and pleaded condonation. Trial of the matter being had, the learned advisory master concluded that petitioner had failed in her proofs and advised the decree complained of. On this appeal attack is made against the fact-finding of the advisory master and the determination denying costs and incidental fees.
Appellant concedes that the issue on adultery is exclusively factual. It is unnecessary to set this forth in any detail. It is sufficient to state that we have carefully examined the record and, giving due weight to its fact-findings, determine that the court below was justified in entering the decree of dismissal. Cartan v. Phelps, 91 N.J. Eq. 312, 314.
We are satisfied, however, that the court fell into error in denying taxed costs and fees. R.S. 2:29-132 provides:
"The court of chancery, upon making any order or decree, may charge the successful party with costs or a reasonable counsel fee, or both, in any case in which the court shall deem it just to do so."
A reasonable construction of this provision would seem to be that where it is just to charge the successful party with costs or counsel fee or both, such charge should be made. When it shall be just to impose such charge must rest largely in the facts of the individual case. That such costs and fees should have been allowed herein seems clear. In his memorandum the learned advisory master summarized: "Taking it all, the testimony is of such a nature it leaves a grave doubt in my mind as to the guilt of the defendant. I therefore can do nothing other than to dismiss the petition. To doubt is to deny." In this summary we concur. This is a finding of failure of proof but under the proofs submitted it cannot be said that the institution of the suit by the wife was captious merely. In sound discretion costs and fees against the husband should have been awarded.
Respondent contends that the award of costs and fees in this type of case is predicated upon the ground of necessity in the wife and that where she has sufficient separate property the reason upon which an award might rest does not exist. The authorities offered by respondent on this point refer only to awards pendente lite or on appeal which do not rest in statute. Shaffer v. Shaffer, 129 N.J. Eq. 42, 44. Existence of the statute, supra, applicable herein, destroys analogy.
The decree in so far as it is a dismissal of the petition for divorce is affirmed, but the matter is remanded to the Court of Chancery with direction that costs and reasonable counsel fee be assessed against the husband in favor of the wife.
For affirmance — WELLS, J. 1.
For modification — THE CHIEF-JUSTICE, PARKER, BODINE, DONGES, HEHER, PORTER, RAFFERTY, THOMPSON, JJ. 8.
from
https://casetext.com/case/martindell-v-martindell-3
==================================
Note from newspaper article in Daily News, Manhattan?, New York
Sept 10, 1945
Story about Virginia Payne Martindell Cutting Husband Out of Will
She died July 30, 1945, at her home in the Lindley House, 123 E 37th St
In 1942 she lost divorce suit against her husband, Jackson Martindell in Trenton, NJ.
In New York state you can't cut out a spouse from their share of inheritance.
Jackson was accused in congress in 1934 of plot to take over government.
He was a millionaire investment counselor in 1942 divorce hearing.
He lived at the former palatial home of the pair at 2 Mendham Road, Bernardsville, NJ.
Make digital copy of the article
===========
New York, New York, Death Index, 1852-1948
Virginia Martindell
b 1914
d 30 July 1945, Manhattan, NY
Death Cert # 16760
================
Rushville Republican (Rushville, Indiana) Tuesday July 31, 1945 page 1
Funeral Here Thursday for Virginia Martindell
Funeral services for Mrs. Virginia Payne Martindell, age 31, who died Monday morning in New York City, will be held Thursday afternoon at four oclock at the Wyatt Memorial mortuary in this city, and burial will follow in the Payne family mausoleum in East Hill cemetery.
The body will arrive here Thursday morning and friends may call at the mortuary after 2:30 Thursday afternoon. She is survived by her parents, Ralph and Jeannie Wallace Payne, a sister, Frances, and two brothers, Wallace and Lawrence. The parents reside in Miami, Florida.
======================
They lived in Bernardsville, NJ
==================
1945 Martindell, Virginia 123E37 MUryhil3-3383
Source CitationDescription
Title: Manhattan, New York, City Directory, 1945
Source Information
Ancestry.com. U.S. City Directories, 1822-1995 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011.
Original data: Original sources vary according to directory. The title of the specific directory being viewed is listed at the top of the image viewer page. Check the directory title page image for full title and publication information.
=====================
================
New York, New York, Death Index, 1852-1948
Virginia Martindell
b, 1914
D, 30 July 1945, Manhattan, NY
Cert # 16760
Source Information
Ancestry.com. New York, New York, Death Index, 1862-1948 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014.
Original data: Index to New York City Deaths 1862-1948. Indices prepared by the Italian Genealogical Group and the German Genealogy Group, and used with permission of the New York City Department of Records/Municipal Archives.
======================================
Virginia Martindale
in the U.S., Find A Grave Index, 1600s-Current
Go to websiteWant to get involved? Click here!
Report issueName: Virginia Martindale
Birth Date: 1914
Death Date: 1945
Cemetery: East Hill Cemetery
Burial or Cremation Place: Rushville, Rush County, Indiana, USA
Has Bio?: Y
Father: Ralph Payne
Mother: Jennie Payne
URL: http://www.findagrave.com/cgi-...
Source Information
Ancestry.com. U.S., Find A Grave Index, 1600s-Current [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
Original data: Find A Grave. Find A Grave. http://www.findagrave.com/cgi-bin/fg.cgi.
==================================
Virginia Payne Martindale
Memorial
Photos
Flowers
Edit
Share
Learn about upgrading this memorial...
Birth: 1914
Death: 1945
Buried in family mausoleum
Family links:
Parents:
Ralph Payne (1875 - 1948)
Jennie Wallace Payne (1875 - 1985)
Burial:
East Hill Cemetery
Rushville
Rush County
Indiana, USA
Plot: Section 2
Created by: Shmilybrandon
Record added: Jan 24, 2010
Find A Grave Memorial# 47074941
==================================================
Court of Errors and Appeals.
·
135 N.J. Eq. 454 (N.J. 1944)MARTINDELL V. MARTINDELL
Share
Save
The opinion of the court was delivered by PARKER, J.
This appeal is an aftermath of a wife's divorce suit, in which her petition was dismissed, and her application for taxed costs, "suit money" and counsel fee was denied by decree of the Court of Chancery. She appealed to this court, unsuccessfully as to the gravamen of the suit, but we reversed the decree as regards the taxed costs, "suit money" and counsel fee, and remanded the cause with direction to award "costs and reasonable counsel fee" to the wife. Martindell v. Martindell, 133 N.J. Eq. 267, 269.No mention of "suit money" appears in our opinion, and our decree remands the case "with direction that costs and reasonable counsel fee be assessed against the defendant respondent and in favor of the petitioner appellant." Accordingly, the Court of Chancery, by an order dated March 9th, 1944, directed the husband to pay (a) the sum of $522.27 costs and counsel fee in this court: (b) the sum of $370, cost of stenographic transcript to be part of the costs: (c) a counsel fee of $2,000: and (d) taxable costs in Chancery. That order is before us on the present appeal; and it is argued that the counsel fee of $2,000 is inadequate: and that the refusal or failure to order the payment of "suit money" was erroneous.
As to the counsel fee of $2,000, we see no reason to interfere with the decision of the trial court: and as regards the claim of "suit money" it is to be observed, as already noted, that the opinion of this court, ubi supra, does not mention it at all, but that the words "suit money" occur only in the decree of reversal and remittitur, drawn by counsel for the the wife, and, as usual in such cases, not submitted to the court before filing; and, moreover, the express direction to the court below in the decree of reversal does not mention "suit money" at all. That court, of course, was bound by theremittitur, and the proper remedy for any error or omission in that regard was by application to this court for an amendment of such remittitur. Kurth v. Maier, 134 N.J. Eq. 511.
The decree under review is therefore affirmed.
For affirmance — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, COLIE, DEAR, WELLS, RAFFERTY, HAGUE, THOMPSON, DILL, JJ. 15.
For reversal — None.
from
https://casetext.com/case/martindell-v-martindell
================================
Court of Errors and Appeals.
·
133 N.J. Eq. 267 (N.J. 1943)MARTINDELL V. MARTINDELL
Share
Save
The opinion of the court was delivered by RAFFERTY, J.
This appeal is from a decree of the Court of Chancery which dismissed a petition for divorce filed by complainant, appellant here, and denied the application of petitioner for taxed costs, suit money and counsel fee.
The action below was grounded in adultery alleged to have been committed by the husband. The answering pleading specifically denied the several acts of adultery alleged and pleaded condonation. Trial of the matter being had, the learned advisory master concluded that petitioner had failed in her proofs and advised the decree complained of. On this appeal attack is made against the fact-finding of the advisory master and the determination denying costs and incidental fees.
Appellant concedes that the issue on adultery is exclusively factual. It is unnecessary to set this forth in any detail. It is sufficient to state that we have carefully examined the record and, giving due weight to its fact-findings, determine that the court below was justified in entering the decree of dismissal. Cartan v. Phelps, 91 N.J. Eq. 312, 314.
We are satisfied, however, that the court fell into error in denying taxed costs and fees. R.S. 2:29-132 provides:
"The court of chancery, upon making any order or decree, may charge the successful party with costs or a reasonable counsel fee, or both, in any case in which the court shall deem it just to do so."
A reasonable construction of this provision would seem to be that where it is just to charge the successful party with costs or counsel fee or both, such charge should be made. When it shall be just to impose such charge must rest largely in the facts of the individual case. That such costs and fees should have been allowed herein seems clear. In his memorandum the learned advisory master summarized: "Taking it all, the testimony is of such a nature it leaves a grave doubt in my mind as to the guilt of the defendant. I therefore can do nothing other than to dismiss the petition. To doubt is to deny." In this summary we concur. This is a finding of failure of proof but under the proofs submitted it cannot be said that the institution of the suit by the wife was captious merely. In sound discretion costs and fees against the husband should have been awarded.
Respondent contends that the award of costs and fees in this type of case is predicated upon the ground of necessity in the wife and that where she has sufficient separate property the reason upon which an award might rest does not exist. The authorities offered by respondent on this point refer only to awards pendente lite or on appeal which do not rest in statute. Shaffer v. Shaffer, 129 N.J. Eq. 42, 44. Existence of the statute, supra, applicable herein, destroys analogy.
The decree in so far as it is a dismissal of the petition for divorce is affirmed, but the matter is remanded to the Court of Chancery with direction that costs and reasonable counsel fee be assessed against the husband in favor of the wife.
For affirmance — WELLS, J. 1.
For modification — THE CHIEF-JUSTICE, PARKER, BODINE, DONGES, HEHER, PORTER, RAFFERTY, THOMPSON, JJ. 8.
from
https://casetext.com/case/martindell-v-martindell-3
==================================
Note from newspaper article in Daily News, Manhattan?, New York
Sept 10, 1945
Story about Virginia Payne Martindell Cutting Husband Out of Will
She died July 30, 1945, at her home in the Lindley House, 123 E 37th St
In 1942 she lost divorce suit against her husband, Jackson Martindell in Trenton, NJ.
In New York state you can't cut out a spouse from their share of inheritance.
Jackson was accused in congress in 1934 of plot to take over government.
He was a millionaire investment counselor in 1942 divorce hearing.
He lived at the former palatial home of the pair at 2 Mendham Road, Bernardsville, NJ.
Make digital copy of the article
===========
New York, New York, Death Index, 1852-1948
Virginia Martindell
b 1914
d 30 July 1945, Manhattan, NY
Death Cert # 16760
================
Rushville Republican (Rushville, Indiana) Tuesday July 31, 1945 page 1
Funeral Here Thursday for Virginia Martindell
Funeral services for Mrs. Virginia Payne Martindell, age 31, who died Monday morning in New York City, will be held Thursday afternoon at four oclock at the Wyatt Memorial mortuary in this city, and burial will follow in the Payne family mausoleum in East Hill cemetery.
The body will arrive here Thursday morning and friends may call at the mortuary after 2:30 Thursday afternoon. She is survived by her parents, Ralph and Jeannie Wallace Payne, a sister, Frances, and two brothers, Wallace and Lawrence. The parents reside in Miami, Florida.
======================
They lived in Bernardsville, NJ
==================
1945 Martindell, Virginia 123E37 MUryhil3-3383
Source CitationDescription
Title: Manhattan, New York, City Directory, 1945
Source Information
Ancestry.com. U.S. City Directories, 1822-1995 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011.
Original data: Original sources vary according to directory. The title of the specific directory being viewed is listed at the top of the image viewer page. Check the directory title page image for full title and publication information.
=====================
Events
| Birth | 24 Mar 1914 | Rushville, Rush, Indiana, United States |  | ||
| Marriage | 17 Jan 1934 | Manhattan, New York, United States - Jackson Martindell | | ||
| Census (family) | 1940 | Bernardsville, Somerset, New Jersey, United States - Jackson Martindell | | ||
| Death | 30 Jun 1945 | Manhattan, New York, New York, United States | | ||
| Burial | 1945 | East Hill Cemetery, Rushville, Rush Co, IN | |
Families
| Spouse | Jackson Martindell (1900 - 1990) |
| Father | Ralph Payne (1875 - 1948) |
| Mother | Virginia "Jennie" Wallace (1875 - 1965) |
| Sibling | Frances Evelyn Payne (1907 - 1987) |
| Sibling | William Wallace Payne (1899 - 1980) |
| Sibling | Lawrence Wesley "Larry" Payne (1901 - 1983) |
Notes
Birth
Indiana, Birth Certificates, 1907-1940Name: Virginia Payne
Gender: Female
Registration Year: 1914
Mother: Jennie Wallace
Father: Ralph Payne
Child: Virginia Payne
Certificate Number: 48999
Roll Number: 020
Agency: Indiana State Dept. of Health
Volume Range: 816 - 820
Source Information
Ancestry.com. Indiana, Birth Certificates, 1907-1940 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2016.
Original data:
Indiana State Board of Health. Birth Certificates, 1907-1940. Microfilm. Indiana Archives and Records Administration, Indianapolis, Indiana.
Indiana Archives and Records Administration
==
Source CitationDescription
Roll Number: 014
Source Information
Ancestry.com. Indiana, Birth Certificates, 1907-1940 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2016.
Original data: Indiana State Board of Health. Birth Certificates, 1907-1940. Microfilm. Indiana Archives and Records Administration, Indianapolis, Indiana.
In digital files
===================
Marriage
Ralph Paynementioned in the record of Jackson Martindell and Virginia PayneName: Ralph PayneSex: Male
Wife: Jennie Wallace
Daughter: Virginia Payne
Other information in the record of Jackson Martindell and Virginia Payne
from New York, New York City Marriage Records
Name: Jackson Martindell
Event Type: Marriage
Event Date: 17 Jan 1934
Event Place: Manhattan, New York, New York, United States
Event Place: Manhattan, New York
Gender: Male
Age: 33
Marital Status: Divorced
Race: White
Birth Year (Estimated): 1901
Birthplace: Amerillo, Texas
Father's Name: Everett W. Martindell
Mother's Name: Rose Crawford
Spouse's Name: Virginia Payne
Spouse's Gender: Female
Spouse's Age: 19
Spouse's Marital Status: Single
Spouse's Race: White
Spouse's Birth Year (Estimated): 1915
Spouse's Birthplace: Rushville, Ind.
Spouse's Father's Name: Ralph Payne
Spouse's Mother's Name: Jennie Wallace
Images Available
To view these images you must do one of the following:
Access the site at a family history center
Record Collection:
New York, New York City Marriage Records, 1829-1940
Document Information:Reference ID cn 2522
GS Film Number 1684961
Citing this Record
"New York, New York City Marriage Records, 1829-1940," database, FamilySearch(https://familysearch.org/ark:/61903/1:1:24DL-6YC : 10 February 2018), Ralph Payne in entry for Jackson Martindell and Virginia Payne, 17 Jan 1934; citing Marriage, Manhattan, New York, New York, United States, New York City Municipal Archives, New York; FHL microfilm 1,684,961.
==========================
in digital files
Virginia Payne
in the New York, New York, Marriage License Indexes, 1907-2018
Saved to:Payne, Virginia in tree "Whyde Muller Family Tree"RemoveView
Add alternate information
Report issueName: Virginia Payne
Gender: Female
Marriage License Date: 16 Jan 1934
Marriage License Place: Manhattan, New York City, New York, USA
Spouse: Jackson Martindell
License Number: 1140
Source Citation
New York City Municipal Archives; New York, New York; Borough: Manhattan; Volume Number: 1
Source Information
Ancestry.com. New York, New York, Marriage License Indexes, 1907-2018 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2017.
Original data: Index to Marriages, New York City Clerk's Office, New York, New York.
=============================
Census (family)
1940 US Census Bernardsville, Somerset, NJp 9B ED-18-5
Line 51/Doyle Rd/ 195/14,000/yes
Martindell Jackson 40 S C-4 TX same Investment
Virginia 26 S C-4 IND same
==
Source Citation
Year: 1940; Census Place: Bernardsville, Somerset, New Jersey; Roll: m-t0627-02382; Page: 9B; Enumeration District: 18-5
Source Information
Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
Original data: United States of America, Bureau of the Census. Sixteenth Census of the United States, 1940. Washington, D.C.: National Archives and Records Administration, 1940. T627, 4,643 rolls.
=============================
Death
Virginia Martindellin the New York, New York, Extracted Death Index, 1862-1948
Saved to:Payne, Virginia in tree "Whyde Muller Family Tree"RemoveNo Image
Text-only collectionPurchase Certificate
Add alternate information
Report issueName: Virginia Martindell
Age: 31
Birth Year: abt 1914
Death Date: 30 Jul 1945
Death Place: Manhattan, New York, USA
Certificate Number: 16760
Wills and Probates: Search for Virginia Martindell in New York Wills & Probates collection
Source Information
Ancestry.com. New York, New York, Extracted Death Index, 1862-1948 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014.
Original data: Index to New York City Deaths 1862-1948. Indices prepared by the Italian Genealogical Group and the German Genealogy Group, and used with permission of the New York City Department of Records/Municipal Archives.
New York City Department of Records
============================
Newspaper clip of funeral notice
in digital files
Rushville Republican 31 July 1945 p1
============================
Burial
Those burried in Payne mausoleumEast Hill Cemetery
Rushville, Rush, IN
Ralph Payne
1875-1948
Jennie Wallace Payne
1875-1966
Mary F Payne
1848-1933
Virginia Payne Martindell
1914-1945
Edwin Payne
1840-1907
=================
Directions to East Hill Cemetery
Take 44 east out of town
cross a bridge- cemetery entrance is just across bridge on right
closes at 7pm