The Horry herald. (Conway, S.C.) 1886-1923, March 22, 1923, Page Page No. 8, Image 8
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' III.
SUIT ARISES
V OVER A WILL
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vey to said Corporation Thirty-three
and one-tenth (33-1-10) acres of land,
composed of two parcels, purchased
by me from Burroughs & Collins Company,
known as my farm; and also the
certain store lot occupied by me adjoining
the above named parcel of
land?together with my machinery
for manufacturing flues, material on
hand, Ginnery and appurtenances, and
also my stock of merchandise, for and
at the price of Ten Thousand ($10,000.00)
Dollars in stock unto my six
in said Company for the purchase
price thereof.
And upon the completion of the
aforesaid organization it is my purpose
to transact all the business in
which I am engaged under the name
of Sasser Company, and the latter is
to assume the payment of and discharge
all the debts owing by me, so
that really there will be no debts
chargable against my estate except
the expense of my last illness, funeral
and testamentary expenses.
Should I fail to complete the organization
of the said company before my
death, then I will direct that my Executor
hereinafter named do take the
necessary steps to complete the or~n?ir,ni,'An
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to convev to said Corporation when
completed, all and singular the above
mentioned property, and to have said
Corporation issue to him as my Executor,
stock at par in payment for
said property at the valuation of Ten
Thousand ($10,000.00) Dollars.
FOURTH: Should I perfect the organization
of the aforesaid Company
and issuance of stock as aforesaid in
my lifetime, or should the organization
be perfected by my Executor and
the stock issued as aforesaid, then,
and in either event, T give, devise
and bequewth all and singular the
j, foresaid said Ten Thousand ($10,000.00)
Dollars in stock upto my six
children, namely John W. Sasser, Jr.,
Err.ory Speers Sasser, James E. Sasser,
Ruth Ellington Sasser, Leona Victoria
Sasser and Eugene Victor Sasser,
share and share alike. Should
either of my said children predecease
me. leaving no lineal descendants, or
surviving me die leaving no lineal descendants,
then the aforesaid stock be
issued to the survivor or survivors,
the child or children of any predeceased
child or children to take the
share to which his, her or their parents
would have been entitled if they
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But it is my will and I so direct
that if my wife, Martha Joanna Sasser.
survive me, there shall he paid
to her by Sasser Company during* her
natural life or widowhood, out of its
, earnings the sum of Fifty ($50.00)
Dollars per month to be charged up
as an item of expense and before any
dividends are declared, and this annual
charge shall be a special lien
upon the income of the said business.
FIFTH: Should my wife predecease
me, or surviving me, upon her remarriage
or death, I give, devise and bequeath
unto the said Sasser Company
all and singular the five certain lots
of land which I have hereinbefore in
Paragraph II hereof devised to my
wife during her lifetime or widowhood,
to be taken and held by it in
fee as part of its assets and for the
benefit of its stockholders.
SIXTH: Should I die without perfecting
the organization of the said
Sasser Company, or should my Executor
for any reason fail, neglect or
refuse to organize and perfect the
aforesaid Sasser Company, then, and
in that event, I give, devise and be<fueath
all and singular the property
hereinbefore enumerated and specified
as intended to be conveyed to the said
corporation unto my aforesaid children,
John W. Sasser, Jr., Emory
Spears Sasser, James E. Sasser, Ruth
Ellington Sasser, T>eona Victoria Sasser,
and Eugene Victor Sasser, share
and share alike, the child or children
of any deceased child or children to
take the share to which his, her or
their parents would be entitled if liv
SEVENTH: It is my purpose to
procure from my children, John W.
Sasser, Jr., Emory Spears Sasser,
James E. Sasser, Ruth Ellington Sasser
and I>eona Victoria Sasser, heirs
at law of my former wife, Victoria E.
Sasser, a deed conveying to me their
shares and interests in the store lot
hereinbefore referred to which I purchased
and paid for with my own
funds, but took title in the name of
my former wife, so that the title of
Sasser Company to said lot and appurtenances
may be complete.
It is my purpose in the event that
the said deed is executed and delivered
in my lifetime to issue to each of
my said five children in payment for
their interest One Hundred ($100 001
Dollars in stock in Sasser Company
now in process of organization.
Tn the event that I should die w?th ut
procuring the execution and do
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which will
our name with
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livery of said deed and settlement
with my said children therefor, then
it is my will and I so direct that my
Executor cause to be issued to each
of my said five children stock to the
amount of One Hundred ($100.00)
Dollars in the said proposed company
before any division of the stock authorized
herein shall be made. If, for
any reason the said company should
not be organized, or said stock issued
to them, they shall have a claim
against my estate to be pai das other
debts to the amount of One Hundred
($100.00) Dollars each, and I direct
that said amount under said contingency
be paid them by my Executor.
EIGHTH: I hereby nominate and
appoint my son, John W. Sasser, Jr..
to be the Executor of this my Last
Will and Testament, hereby authorizing
and empowering him to sell and
convey land and personal property,
and to do any and all things necessary
for carrying out my Will in the manner
and in accordance with the directions
herein contained.
IN WITNESS WHEREOF, I, John
W. Sasser, sr., nave nereunto on tnese
five typewritten sheets of paper, set
my hand and seal this seventeenth day
of June, A. D. 1919.
Signed, Sealed, Published and
Declared by the Testator to
be his Last Will and Testament,
in our presence, and we
at his request, in his presence,
and in the presence of
each other, have hereunto
subscribed our names as witnesses
hereto.
Virginia Burbage,
Cordie Page,
Robt. B. Scarborough.
John W. Sasser (L. S.)
The complaint in the action sets
out among other things:
That in and by the second Paragraph
of his said Will, the said John
W. Sasser, bequeathed and devised
unto this plaintiff for the term of her
natural life or widowhood, all and
singular, the household and kitchen
furniture of which he died, seized and
possessed (upon the condition that the
same should not have to be sold for
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all and singular those Five (5) certain
lots situate at Gurley (in the
County of Horry, State of South Carolina)
lying on the East side of the
Atlantic Coast Line Railroad, to wit:
Lots Four and Nine, in Block Four, as
shown on Map of said town, containing
about five eights (5-8) of an
acre, whereon is situated the family
residence of the testator; Lot Number
Three in Block Four conveyed to
testator by P. H. Sasser; and Lots
Eight and Ten In Block Four conveyed
to testator by Pee Dee Land Co.,
said lots having such descriptions,
metes and bounds as are shown in the
respective deeds under which he held
the same.
That in and by the Ffth paragraph
of his said Last Will and Testament,
the said testator gave, devised and bequeathed
unto Sasser Company the
I remainder in fee in the aforesaid lots
at the expiration of the widowhood
or lifetime right of plaintiff.
That in the year 1919 and about the
time that he executed, published and
declared his Last Will and Testament,
the said John W. Sasser organized a
Corporation called Sasser Company,
and to which he transferred the bulk
of his real and personal property and
the remainder in fee in the parcel of
land hereinbefore described, as set
forth in paragraph hereof.
That she is informed and believes
that on or about December 20th, A.
D. 1920, the said John W. Sasser became
indorser for Sasser Company, a
Corporation organized by him. to the
defendant Lynchburg Shoe Company,
a Corporation, on the two certain
premisory notes of said Sasser Company,
bearing date the 20th day of
December, 1920, one for the sum of
Three Fifty-Two and 93-100 ($352.93)
Dollars, payable June the 1st
1921, the other for Three Hundred
Fifty-Two and 94-100 ($352.93) Dollars,
payable July 1st, 1921, each bearing
interest at seven per cent per annum
from date.
That she is further informed and
believes that on or about the 35th day
of May, 1922, the defendant Americar
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ment against Sasser Company for the
sum of Four Hundred Seventy-Sever
and 10-100 ($477.19) Dollars witV
Two and 15-100 ($2.15) Dollars costs
and that execution was duly issuer
therfor.
That on or about the 30th day o1
September, 1922, the defendant
Lynchburg Shoe Company, a Corporation,
secured judgment against Sas
*er Company, a Cornoration, and Johr
W. Sasser, Jr., as Executor for Johr
W. Sasser, Sr., for approximately
Nine Hundred ($900) Dollars upor
the two certain promisorv notes in
dorsed by the testator John W. Sas
ser set forth in paragraph Five hereof,
and execution therefor has beer
issued against Sasser Company anr
against John W. Sasser Jr., Executoi
of John W. Sasser, deceased.
That on or about the day ol
THE HOBBY HKRALP,
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interest you
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November, 1922, the defendants
American Wholesale Corporation and
Lynchburg Shoe Company, a Corporation,
caused the defendant James A.
Lewis, as sheriff of Horry County, to
maW? a levy upon the real estate, described
in paragraph Two hereof, and
has advertised the same to be sold on
the first Monday in February, 1923,
for and toward the payment and satisfaction
of the aforesaid execution.
That she is informed and believes,
ar^d so alleges, that the defendants
assert under Section No. 3576 Code of
Laws of South Carolind Vol. 1, 1912,
the devise to her by the said John W.
Sasser is null and void.
That she has notified the said defpr?d?nt.s
that shp dpplinps t.r? arppnt
or claim under the aforesaid devise
and has demanded that a homestead
in real estate, and an exemption in
personal property be set apart to her
and her children, Eugene Sasser, her
son by the aforesaid John W. Sasser.
age Nine years, and James Sasser and
Ruth Sasser, children of the testator
by the former marriage, in accordance
with the Constitution and laws of the
State of South Carolina, in and out
of the real estate and personal property
hereinbefore described and which
the testator attempted to devise to
her.
That the defendants have failed and
refused to assign and set apart to her
and her children a homestead in said
property and have declared their intention
to sell the aforesaid real and
personal property in satisfaction of
the aforesaid Executions and to deprive
her and her children, the family
of the testator debtor, of their Constitutional
and Statutory rights of
homestead in said property.
The Plaintiff further alleges that
she is informed and believes that she
is also entitled to dower in the aforesaid
property and has forbidden the
sale of said property until her dower
rights shall have been ascertained and
j adjudicated.
That the plaintiff has no adequate
\z of lnw nnH thsifr OYPPnt hv flip
interposition of this Honorable Court,
she and her aforesaid children will be
deprived of their rights of homestead
and left without home or shelter.
The plaintiff is represented by Hon.
R. B. Scarborough, and the defendants
by H. H. Woodward.
MAN'S LIFE IN
FOOL'S GARDEN
One of the best special features obtained
by the Pastime is coming there
on Tuesday, March 27th. It it Cecil
B. DeMille's production entitled "A
Fool's Paradise."
We all are subject to live more or
less in a fool's paradise. The idea r.o
doubt is what caused the producer to
give to this wonderful picture the
name that it now bears.
Often in this life we feel perfectly
satisfied with our lives, being loved
in return for our love, so far as we
know, and we firmly believe; but alas,
things turn out to be different from
what we thought they were, and we
find that we, too, have been living in
a fool's paradise all of the time.
It is a tragedy in any life when the
very foundations of faith and love go
tumbling beneath our feet and we see
, and understand at last the awful fools
we have been made.
The hero in this picture was poor
and blind. We mean that he was phy!
sically blind. He could not see with
his eyes.
TTa 4-Vi rvli f V* i iv\ oaI ^ n -f n wt rv?? maa4>
nc uiuugim iiiuiacii a lamuuH }JUCV|
married to a famous dancer. But
i when his sight returned and he found
, his book of poems was only, a cook
i _ ___
J After Every Meal
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WRKUYS
! M
I Chew your food
1 well, then nse
I WRIGLEY'S to
| aid digestion.
i 1 It also keeps
1 the teeth clean,
"L I breath sweety
I appetite keen.
I The Great American
*
OOWWAY, 3, O, MAB. 3g, 1?2
BY TH
FOR'
every week in
your neighbor
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book and his wife a common woman
he hated?what then?
A soul-stirring story running
through thrills in Mexico, France and
Siam?through Texas border strife
and dances and rites of the East?
through beauty of women, beauty of
gowns, beauty of settings.
Surpassing all else the screen has
produced of lavish entertainment, say
the exchanges. Indeed, there will be
much food for thought in such actuation
as comes to the people concerned
in the plot of this wonderful and
thrilling story.
You can think out what you would
have done under such circumstances
and decide for yourself whether the
wind-up of the story carries a moral
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It will be certain that when you go
to see this picture it will, impress itself
on you to such an extent that
you will remember the veritable fool's
paradise in which this man lived for
so long1, thinking himself completely
happy only to wake up and face one
of the worst situations that could
be imagined for him. You will want
to know how it turned out and. the
only way you can know is to see the
picture.
- o
SUMMONS FOR RELIEF
(Complaint Served.)
STATE OF SOUTH CAROLINA,
COUNTY OF HORRY.
Court of Common Pleas
Virginia-Carolina Chemical Company,
A Corporation, Plaintiff, vs. C.
G. Hoover, Mrs. C. G. Hoover and D.
F. McGougan, Defendants.
To the Defendants Above Named:
YOU ARE HEREBY SUMMONED
and required to answer the complaint
herein, a copy of which is hereby
served upon you, and to serve a copy
of your answer to the said complaint
upon the subscribers at their office in
the building occupied by Gerrald
* *********************.
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I mark up or
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E YEAR
rnis Pi
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to do the sam
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Bros., Loris, S. C., within twenty days
after the service hereof, exclusive of
the dav of surh sprvir.ft. ?nH if von
fail to answer the complaint within
the time aforesaid plaintiff will apply
to the Court for the relief demanded
in said complaint.
Dated March 17th, 1923.
FORD & SUGGS,
Plaintiff's Attorneys.
To C. G. Hoover, Mrs. C. G. Hoove)*
and D. F. McGougan,
ABSENT DEFENDANTS:
TAKE NOTICE, That the Summons,
of which the foregoing is a
Shoe Repai
Health, Eco
and Comfoi
If you are looking for a qi
see me for si
I use the best materials i
man
Bring or send the
PRICl
Men's
Half sole sewed $1.15 to $1.25
Nailed $1.00
Goodyear and Neolin rubber
soles $1.25
KM D VtT
m. u. ivu
13 Main Street. Opposite
***************************
late Discoi
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no bankrupt, no
down, no selling 01
IATE DISCOU1
ent discount for
dies' misses' and c
om this announcer
[923.
ig this to show my <
ronage the public h
I '
examine marks and
en changed, take of
ed.
Yours truly,
J.S.G
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sj?ER
ie thing
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copy and the complaint, which is here- A
to served on you,, were filed in the office
of the Clerk of Court, Conway,
S. C., on March 17th, 1923*
Attest:
FORD & SUGGS,
Plaintiff's Attorneys*
W. L. BRYAN,
C. C. C. P.
Conway, S. C.,
March 17, 1923;:
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Get good writing paper and fine
workmanship at The Herald' office;
\
ring Insures I
roomy
rt
lality job and good service*
Koe repairing. - .
ind guarantee good work- **
ship.
m by Parcel Post.
E LIST
Ladies'
Sewed sole 90c-$l. Fancy work
Nailed 75c
Baby half sole 50fc
Rubber Heels 50c
LCHYCKE
Town Hall Conwajr, S. C.
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