Stewart family burial site and legal records

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 LEO A.McNAMEE JOHN H. McNAMEE
CLINTON E. STAY P.0. BOX 145
Las Vegas, Nevada
Dear Clinton,
McNamee & McNamee
ATTORNEYS AT LAW EL PORTAL BUILDING |as Vfoac; NrwAn*
P. O. BOX 472 DUDLEY 2-1586
AUGUST 16th, 1957
Pursuant to your request, please find inclosed a con­ firmation of our conversation regarding the Stewart Burial plot.
In the first place, the legal complications involved in disinterring and reburying the bodies of the occupants of the Stewart Burial Plot can be summed up as follows:
You will need both a Removal Certificate and a re­ burial certificate, both of which can be obtained from the offices of the Las Vegas Health Department. We spoke to Dr. Carr concerning the procedure in this matter and he has it
on authority from the State Health Department in Carson City, that the actual names and cause of death etc., of the bodies are not necessary, but a "blanket certificate" should be used as this was the procedure in another similar situation, i.e. the removal of the bodies from the graveyard at St. Thomas be­
fore Lake Mead inundated the area.
Coupled with these certificates from the Health Depart­ ment, we advise that a formal permission must be received from
the Board of County Commissioners per N.R.S. 451.050 in order for the Health Department to issue the certificates first above
mentioned. Thus a formal request should be made the Board and their favorable action will be the key to any further action on
your part.
As per L.V.C.C. Ch. 8, Art. 1, Sec. 4, the written permit of the "Owner of the lot" is required along with the
above mentioned permits and certificates, but it is not require— ed that a permit from all the' nearest of kin of those interred
in the plot be also obtained. You owners of the lot, being al­ so for the most part, the nearest next of kin of those buried have sufficient authority to have the bodies removed and rebur­
ied. But in this regard it might be best to have Mr. Myers sign the removal permit as he too is one of the lot owners.
In regard to the zoning question, we fiftd that the area in question is an R-l Single-Family Residence District and this would necessitate re-zoning by the City Commissioners before any such buildings as you contemplate could be erected.
We would suggest that you take this matter of re-zoning up with the City Commissioners at your earlist convenience.

 IA
As to the various questions regarding the water rights to the land, they might best be summed up by saying that the rights to the water do pass with the title to the land.
Mr. Myer therefore has an equitable right to the water in pro­ portion to the amount of his share of the ownership of the property. :-We might add that if the property is re-zoned, the
matter of how much water may be used should be taken up with the State Engineer in order to obtain permission to change the
manner and place of the water’s use. This is necessary be­ cause the original deed specifies "four minor’s inches ....
to irrigate the land*.
Summing this all up, your order of procedure should
(1) Put through a formal request for disinterment and re­ burial with the Board of County Commissioners.
(2) Upon receiving this permission, take it down to the Health Department where they will issue you a blanket disin­ terment permit and a blanket reburial permit.
(3) Then under the supervision of the Supervisor of Cemeteries, the bodies may be removed and re-intered.
As an added note, We asstime that you will have this done by a licensed mortician. The letter from the State Board of Health makes this a necessary condition to the issuance of
the disinterment and reburial certificates.
Do not hesitate to call upon us if we can be of any further assistance.
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Yours sincerely, McNAMEE &
by
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 COR RES - 57
(5-72)
Mr, Clinton Stay
2321 McWilliams Ave.
Las Vegas, Nevada 89101
Subject: 35-000087*00
Dear Mr. Stay:
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FIRST NATIONAL BANK OF NEVADA
Enclosed is a copy of a tetter received from Berkeley Bunker in regard to the excavation of the remainiag graves of the Stewart
family. Consequently, you may either supply us with the information or direct us accordingly.
HWF/vk
E nclosure
'l c/c Mrs. Evelyn Moden
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Sincerely yours.
Hugh W. Ferree Trust Administrator
September 13, 1973

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July 13, 1966
First National Bank, Trust Department
300 E. Carson Avenue Las Vegas, Nevada
ATTN: Mr. E. R. Vecchina, Vice Pr Re: Private Trust 87-Stay
Gentlemen:
We are interested in purchasing the parcel of'tintTThat lies next to the Bunker Brothers Mortuary building known as the Stay Burial Plot. We submit the offer of $20,000.00 per
acre for interest owned by the Stay estate. This payment can be in cash or as desired by the bank and the principals of the estate. We take special note of the fact that the completion of Washington Street would take a considerable
footage bv the citv from this property. There is also the
fact that one-third interest is owned by Mr. Thomas Gay
Myers. There is a further complication of the fact that an undetermined number of graves repose on this property.
The permission to remove these graves could prove to be complicated and expensive. Included in our offer for this property, care for the permanent disposition of these remains
in a manner that would be befitting to the standing and esteem of the illustrious memory of a splendid pioneer family. Our
offer would not include the acquisition of any water rights now vested in the property.
A,
KaildualJs>fIrc!fDfHwrtiriims

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We would appreciate your response to our offer at your reasonable convenience.
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 925 IAS VEGAS BOULEVARD NORTH - LAS VEGAS, NEVADA - TE
December 29, 1965
M r. Clarence A. Stay 720 Flower Street
Las Vegas, Nevada Dear Clarence:
Your well being is of serious concern to me. It was dis­ tressing to know in speaking with you by telephone recently that your health is not as good as you and I would like it
to be. Few individuals and families have contributed more
to our area than those that bear your good name and the name
of your forebearers. I pray for a complete restoration of your health.
We would like to purchase your family1s interest in the 4 acre parcel of land on Washington Street adjacent to our new
mortuary building. As you know, ownership and development of this property presents some complex problems. First
the Stewart family burial plot must be cared for. This we would guarantee to do.
Since one-third ownership is vested in M r. Gey M yers, a purchase or division would need to be effected before develop­ ment could proceed. We will finalize this problem after purchas
of your family interest.
The graves and the property needs attention. This could become a shrine that would be a permanent monument to a great fam­
ily name who contributed immeasurably in making a desert

 B ' R . O T H E R. S
925 LAS VEGAS BOULEVARD NORTH - LAS VEGAS, NEVADA - TE
Page 2, C ontinued December 29* 1965
oasis into a modern metropolis. We will construct a series
of buildings that will have the character, integrity and beauty that was so much a part of those who have gone before.
Would you please speak to the other members of your family
and let me know your thinking. We would like to move for­
ward in January if possible. We leave this entirely in your hands.
You have our every confidence, faith and prayers toward the complete restoration of your health.
/ /
MEMBER
THE ORDER
'O F THE GOLDEN RULE

 McNamee & McNamee
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Mr. Clinton E. Stay P.0. Box 145
Las Vegas, Nevada
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ATTORNEYS AT LAW
R O S T O F F I C E B O X -4 7 2
Las Vegas,Nevada
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 BUNKER BROTHERS MORTUARY • 925 LAS VEGAS BOULEVARD N. • LAS VEGAS, NEVADA 89101
Mr. Hugh W. Ferree First National Bank
Trust Department
300 East Carson Street Las Vegas, Nevada 89101
Dear Mr. Ferree:
T elephone
385-1441
September 11, 197UO
We have contacted Dr. Brooks of the U.N.L. V. in hopes that he will start excavating the remaining graves of the Stewart family in the "Stewart Burial Plot". We can place the three caskets of those remains disinterred, now held in our mortuary, in Eden Vale Mausoleum almost any day. Would you please send us the correct spelling of
the names and year of birth and year of death of each?
We want to order identification for the outside of the
crypts. We wish to conclude this agreement as soon as possible.
BLB:mr
Very truly yours
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 DATES ON BURIAIS Source of information in ( ) ARCHIBALD STEWART Born: ? i 0 8 »
Died: July 13, 1884 (Helen J. Stewart's Journal) , ; < Age - 49 (1880 Census Record.)
ARCHIBALD STEWART, JR. Born: Jan. 25, 1885 (Pioche newspaper; Helen J. Stewart's letter to him on his 14th birthday.)
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Died: July?^, 1899 (Pioche newspaper.)
JAMES ROSS MEGARRIGLE (Megarrigle)
NIPE Born:?
Died: October271or 28, 1891 HIRAM RICHARD STEWART Born: ?
Born: ?
Died: March 16, 1894 (Pioche newspaper)
Age- 65-70 Census records)- newspapers)
(Helen J. Stewart's journal)
age 27 years
WILLIAM,JAM39'P7vV('Born:March9 1874 STEWART
Died: Peb. 6. 1931
HELEN JANE STEWART Born: April 16, 1854 Died: March 6, 1926
COMPILED FROM FILES OF CARRIE TOWNLEY
~ Searchlight, Nevada)
(Death Certificate) (Death Certificate)
(Death Certificate^ (Death Certificate)
Died: June 23, 1903 (The Searchlight newspaper in
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|ubscribqd mi §fwom to, before me, this the.....Qg.JP.ZyZ '//..................day of
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Before the Clerk of the Seventh Judicial District Court appeared '■*■| *
.................who being duly sworn, upon his oath Hectares, £/2>a£ it is bona fide his intention to become a
(3-SpCITIZEN OF THE UNITED STATES OF AMERICA,^)
and to renounce forever all altegiance and fidelity to all and any Foreign Prince, Potentate, State and Sovereignty, whatever; and particularly to the
. ye/,/ u____,^✓
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\y..//Ly./ZsgC..^—-........Clerk of the Seventh Judicial cord, having Common Law jurisdiction, a Clerk and Seal, do hereby cer-
‘ .thatthe forgoing is a true copy of the Original Declaration of Intention
M
Mr
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I 9
district Court, in and for the County of Lincoln, the same being a Court of
to become a CITIZEN OF THE UNITED OF AMERICA, now upon file in my office.
To attest and certify which, I have hereunto set my hand, a,ndaffixed the Seal of said Court this....\* Z Z /Z ._ _.s._._......
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Clerk.
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Clerk.
Deputy Clerk.
Deputy Clerk.

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CERTIFIED COPY OF ACT OF NATURALIZATION.
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AN ALIEN,
LlIFl.. 'Ll. I
THIS
TO^BECOME A CITIZEN OF THE UNITED STATES |A. D. 187?" , as ykt of said Tebm.
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examined, that........ C J r ..,Q ) ZAJM^jU % tXvr A •i, I,
a nativeof..iC .......................................................................
has resided within the limits and finder least, last past, and within the State of
sivorn a.
S^X\
OF THE STATE OF NEVADA,'> \
ITT; ^ISTiD F O R teEiSx'OOUNITir O F LiIFTOOIjFr.
I*N 0> EN COURT,
OF AMERICA.
IT APPEARING, TO THE SATISFACTION OF THIS COURT, BY THE OATHS OF
■irr...........6 ....4^.4tr&e£/.J.. ...................and...:......*..g/S
citizens of the United States AfAmerica, witnesses/for that purpose
Pm&BEMT!
IN THE MATTER OF THE APPLICATION OF
mJr 187
all said five years’ time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the gobd -order happiness of the same; and it also appearing to the Court by competent evidence, that, said applicant has heretofore and more than two years since and in due form of laud dared his intention to income a citizen of the United States having now here
this Court taken ica,' and that tid
fidelity to even foreign Priripe, Potentape,. State or Sovereigntifoivhatev larly to..... ZZj, JlAAzfcCd.
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IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that dhe said ZfAdSrzxJxJFI........................................be,andheis hereby
ted and declared to be a CITIZEN OF THE
Signature: / CPUirrtA./,
Office of the Clerk of the D istrict Court of the Seventh ) Judicial District of the State of Nevada; in and for SS. the County of L incoln.
i
..Lj,;t£.sgFZD::c:.r. .3, | -
Clerk of the District Court of the Sevenths!ddtctX
ft, ■‘ig<.\ \ ofNevada,inand for the County Court being a Court
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District, of the State
of Record, having common law jurisdiction and a ' XJleiP anf/Seal, do certify that the
due copy of the Act of Naturalization of....c y r
wears upon the Records of smd Court now in my office.
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IN
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i f Triave hereuryfo set my hand and
affixed fifeSealofsaidCourt,this..•jgfiy............................dayof i ....... in the wear ofjour Lord, one thousand
eight hundred and seventy- Independence the ninety-
f Nand in the year of our
dsyroFc/j<j
fzzrxz/...... . Clerk. 1' M ...................Deputy Clerk
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 D S C L A B A T I u j t •J*4t 4 XV£* X JLVi
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Before the Clerk of the Seventh Judioal District Court appealed A* Stewart, who being duly sworn, upon his oath declares, that it is bona fide his intention to become a
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and to renounce forever all allegiance and fidelity to all and any
Foreign Prince, Potentate, State and Sovereignty, whatever, and j particularly to the Queen of Great Britlan and Ireland______ _ !
off whom he is at present a subject.
9
10
32
A. Stewart Subscribed and Sworn to, before me, this the
11
September, A. D. 1976
12
IS
14
15 16 17 18 19
20
21
22
23 24 25 26 27 28
29 30 31
Eighth day of
II B. Miller----------------- Clerk
By-J• M, Hanford- - - - -Deputy Clerk
I, P« B. Miller, Clerk of the Seventh Judical District Court, in j and for the County of Lincoln, the same being a Court of Becord. j
having Common Law Jurisdiction, a Clerk and Seal, do hereby certify that the foregoing is a true copy, of the Original Declaration of f Intention, of A. Stewart, to become a CITIZEN OP THE UNITED STATES
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&EEICA, now upon file in my office. i’
To attest and certify which I have hereunto set my hand, and affixed the Seal of said Court this Eighth
day of September, A,
B, 1876.
1111 | f 3. M|ilti|er|- By J. M* Hanford
§|- - -Clerk •deputy Clerk.
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 In the District Court,
H. 8. Crocker & Co , Printers and Stationers, 42 and 44 J Street, Sacramento.
,h Judicial District, in and for the County of Lincoln, State of Nevada. /
rRevenue* LStfimp.
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Clerk o f the District Court
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Matter of the instate
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Deceased,
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LETTEES OP ADMIHISTEATIOK,
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is hereby appointed administrate

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In the District Court of the Seventh Judical District of the State of Nevada
IN AND FOE THE COUNTY OP LINCOLN
Present Hon* Henry Hive8'
In the Matter of the Application of
A» Stewart _______ '
An Allen
To become A citizen of the United States
of America
Judge
for one year; and that during all said five as a man of good charaater, attached to the
years time he has behaved principles of the | disposed to the good ! appearing to the Gouijt
I CL
It Appearing to the satisfaction of this Court, by the|
Oaths of '■llilS ■ A. M, Polleys and J. M. Hanford ' j citizens of the United States of America, witnesses for that purpose
first duly sworn and examined, that A. Stewart
a native of Ireland. -I. has resided within the limits under the jurisdiction of the United
States five years at least, last past, and within the State of Nevada
Constitution of the United States, and well
order and happines of the same; and it also
by competent evidence that the said applicant his heretofore and
more than two years since and In due form of law declared his intentSr to become a citizen of the United States and having now here before this Court taken an oath that he will support the Consitution of
the United States of America; and that he doth absolutely and entirely renounce and adjure all allegation fidelity to | every foreign Price, Potentate, State or Sovereignty whatever,and particularly to Queen of Great Britian and Ireland.
IT IS THEREFORE ORDERED ADJUDGED AND DECREED A. Stewart, be and he is hereby admitted and
^
that the said declared to be a
"Judge
CITIZEN OF THE UNITED STATES OF AMERICA. Henry Rives
Signature : A. Stewart
Office of the Clerk of the District Court of the Seventh ) SS Judical District of the State of Nevada, in and for the ) County of Lincoln.
/
said Court being a Court of Record, having a common law jurisdiction and a Clerk aid Seal, do certify that the above is a true cop; of Act of Naturlization of A. Stewart, as the same appears upon the
Records of said Court now in my office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
the Seal"*of said Court this Eleventh day of September, in the year of our Lord,one thousand eight hundred and seventy Sight and in thejyear
of our Independence the One Hundred and fw________
J. M. Hanford Clerk of the District Court of the Seventh Judical: District of the State of Nevada, in and for the County of Lincoln,
( Sea;)
M, Hanford- -------
-Clerk
) In Open Court
) ............
} July- - - - -term A® 318?
j This Eleventh day of Sept. j A.D.1878,as yet of saidtergi

 #ys
SEVENTH DISTRICT COURT STATEOF NEVADA
ACE OF NATURLIZANION A. STEWART
Registered in Pioche Precinct Lincoln County
sor de,Alen 27ht,1878 U. E.
Registery Agent.

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Present Hon* Henry Elves- -
•
Judge
iisiaiiis . iiiiiiiiiii
I
In the District Court of the Seventh Judical District of the State of Nevada
IS AHD FOB
In the Natter of the Application o
A* Stewart An liien
) )
S COUNTY OF LINCOLN
!o become A citizen of the United States ) This Eleventh day of sppt*
■-—
\;F;f- :' )A*D«1878,as yet of sailsteryi
of America
It Appearing to the satisfaction of this Court, hy the
Oaths of
A* M. Polleys and J* H* Hanford
F v;
citizens of the United States of America, witnesses for that purpose first duly sworn and examined, that A# Stewart •fjv .;•>
a native of Ireland.
has resided within the limits under the jurisdiction of the United States five years at least, last past, and within the State of Scirada for one year? and that during all said five years time he has behbved
as a man of good character, attached to the principles of the Constitution of the United States, and well disposed to the good order and h&ppines of the some; and it also appearing to the Court hy competent evidence that the said applicant his heretofore and
more than two years since and in due form of law declared his intentAn to become a citizen of the United States and having now here before i this Court taken an oath that he will support the Coneitution of
the United States of America; and that he doth absolutely and I entirely renounce and adjure all allegation fidelity to J
every foreign Price, Potentate, State or Sovereignty whatever,and particularly to Quean of Great Britian and Ireland.
IT IS THEBKFOSH OBDEHHD ADJUDGED AND D3C5EED that the said
A* Stewart, be and he is hereby admitted and declared to be a
ci?IEBE OF ill UNITED STATES' 0? AMEBICA. Henry Hives
Signature i A. Stewart
Office of the Clerk of the District Court of the Seventh
Judical District of the State of Nevada, in and for the County of Lincoln*
J* 8S Hanford Clerk c u
he District Court of the Seventh Judical
District of the State of Nevada, in and for the County of Lincoln! said Court being a Court of Record, having a common law jurisdiction and a Clerk atfd Seal, do certify that the above is a true cop offtli Act of Naturlization of A# Stewart, as the ssme appears upon the
Records of said Court now in kyoffice*
-*# ilh.
IR TESTIMONY tHU'EOF, I have hereunto set my hand and affixe the Seal of said Court this Eleventh...day of September,in the year
of our Lord,one thousand eight hundred and seventy Eight and in the •
of our Independence the One Hundred and ?w
f Sea;}
§• M* Hanford- -Clerk
) In Open Court
I -..ffiIi
i
}SS