To the descendants of the children of
Carrie Bessie Hayes, and their beneficiaries, executors, administrators and creditorsPremises Located at 166 Augustine Place, Vauxhall, NJ
PLEASE TAKE NOTICE that the undersigned has commenced a legal action before the Superior Court of New Jersey, Union County, Elizabeth, N.J., the purpose of which is to cause the sale of the premises located at 166 Augustine Place, Vauxhall, N.J. (the "Premises"), and to have the net proceeds of the sale distributed to the executors or administrators of certain children of Carrie Bessie Hayes.
PLEASE TAKE NOTICE that a hearing will take place at the Union County Courthouse on May 13, 2005, at 1:30 p.m. before Judge Thomas N. Lyons, as to whether an Order will be entered requiring a sale of the Premises and determining whether certain children of Carrie Bessie Hayes held the Premises as tenants in common or joint tenants.
The late Carrie Bessie Hayes was the owner of a one-half interest in the Premises, and her will left this interest, along with the balance of her estate, in nine equal shares to certain of her children, being: Bessie Ophelia Prather, Gladys Elanore Hayes Gregory, Edward Wilson Hayes, Doris Odell Hayes Young, Harold Marshall Hayes, Raleigh Hayes, Thelma Hayes Prather, William Henry Hayes, Carrie Francis Hayes White.
The other half of the Premises was owned by Carrie Francis Hayes White and her husband. After Carrie Bessie Hayes died, Carrie Francis Hayes White and her husband made a gift of their interests in the Premises to the same nine children in equal shares.
All of the said nine children of Carrie Bessie Hayes are now deceased. At the hearing, the Plaintiff will seek a Judgment of the Court determining that the said nine children held the Premises as tenants in common, and that the estates of each of the nine are entitled to a share of the Premises, subject to conditions below. One of the Defendants, Franklin L. Prather, Sr., will oppose this relief, on the grounds that the said nine children held the Premises as joint tenants, and that Bessie Ophelia Prather, as the last surviving child of the nine, became the sole owner of the Premises and that the entire Premises passed into her estate upon her passing.
The Plaintiff will also seek a ruling at the hearing that Carrie F. White and her husband, Lewis DeWitt White, gave up their interests in the Premises to other family members, and also that no portion of the Premises passed into the estate of Harold Hayes due to a deed he signed making his interest in the Premises a joint interest with Bessie Ophelia Prather, and that she survived him.
Any person who has a right to benefit from the estates of the nine children, as a creditor or a beneficiary, or as their executors or administrators, by will or otherwise, or any person who has a right as a creditor or beneficiary of an individual who directly or indirectly would take from their estates, may have a right to a share of the sales proceeds.
PLEASE TAKE NOTICE that any such person should immediately contact the undersigned in writing to obtain a copy of the Fourth Amended Verified Complaint, and the Order dated April 8, 2005, and that any delay may prejudice the rights of such persons.
DO NOT CONTACT THE COURT, other than to file an Answer or other pleadings with the Clerk of the Superior Court as described in the Order dated April 8, 2005.
A copy of the Fourth Verified Complaint may also be obtained at www.pritchardlaw.com, under the button of "Current Actions".
PLEASE TAKE NOTICE that a telephone call will not protect your rights. The only means of protecting your rights is to contact the undersigned in writing, obtain the documents, and file an answer with the Court prior to May 6, 2005, and thereafter attend the hearing on May 13, 2005.
John L. Pritchard, Esq.
2000 Morris Avenue
Union, New Jersey 07083
908-964-7500
4929-AD4