The below notice is posted at the Order of the Superior Court.
At the present time, John L. Pritchard, Esq., is representing the Plaintiff in a lawsuit in Union County General Equity Part known as "Gregory v. Prather". The purpose of this legal action is to compel the sale of a two-family house and lot commonly known as 166 Augustine Place, Vauxhall, Union Township, Union County, New Jersey (hereafter the "Premises").
At the time of her passing in 1970, Carrie Bessie Hayes owned a one-half interest in the Premises. Her Last Will and Testament left her entire estate in nine equal parts to her nine children. All of these children are now themselves deceased.
One of the children of Carrie Bessie Hayes was Carrie White. The other half of the Premises was owned by Carrie White and her husband, Lewis DeWitt White. In April, 1973, Carrie White and Lewis DeWitt White conveyed their one-half interest to the same nine children of Carrie Bessie Hayes in equal shares, with one such share being held by Carrie White.
In November, 1973, Carrie White and her husband, Lewis DeWitt White signed an agreement with two of the other children. This agreement provided that Carrie and Lewis could live in one of the two units for the rest of their lives, and after both of them were deceased, their interest would pass to the other eight children.
After the death of Carrie Bessie Hayes and the delivery of the deed from Carrie White and Lewis DeWitt White, the Premises were held in equal shares by the nine children.
The legal action is presently facing the issue of whether the nine children owned the Premises as equal tenants in common or as joint tenants with right of survivorship.
A copy of the Fourth Amended Verified Complaint is available via the hyperlink below.
A hearing on the question of whether the Premises were held by the nine children as tenants in common or as joint tenants is scheduled to be heard on Friday, May 13, 2005, at 1:30 before Judge Thomas N. Lyons at the Union County Courthouse, Elizabeth, New Jersey. The Plaintiff will also seek an Order directing the appointment of a Partition Commissioner to conduct the sale, and other directions from the Court regarding the sale of the Premises.