The Archer County News (Archer City, Tex.), Vol. 44, No. 9, Ed. 1 Thursday, February 13, 1958 Page: 4 of 8
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I
THURSDAY, FEBRUARY 13, 1958
THE ARCHER COUNTY NEWS
THE STATE OF TEXAS
TO:
American Cancer Fund and its un-
known members, shareholders, of-
ficers, and representatives, and the
persons who own stock or interests
in and who constitute American
Cancer Fund as an entity, corpora-
tion, association, firm, company or
partnership, if it be any of such;
and to the unknown devisee or
devisees under a purported will
of Clifford Mooers, deceased, dated
September 24, 1956, admitted to
probate in Kendall County, Texas,
on December 10, 1956, and the un-
known owners or claimants of any
interest in the estate of such de-
cedent or in any property stand-
ing in his name at the time of his
death on November 13, 1956, in-
cluding the lands and interests
therein described in such suit and
as described and identified in this
citation, which are owned or claim-
ed by such unknown claimants as
devisee under such purported will.
Defendants, each of whose identity
and residence are unknown other
than claimants American Cancer
Society, Inc., a New York corpo-
ration, and American Cancer So-
ciety, Texas Division, Inc., a Texas
corporation, who have b'een joined
as defendants in such suit for per-
sonal service,
GREETING:
You and each of you are hereby
commanded to appear by filing a
written answer to plaintiff’s peti-
tion before the Second 38th Judi-
cial District Court of Kendall
County, Texas, in the Courthouse
in the City of Boerne, Kendall
County, Texas, at or before ten
o’clock a. m. on the Monday next
following the expiration of 42 days
from the date of issuance of this
citation, said Monday being the
17th day of March, 1958, and
then and there to answer the origi-
nal petition of Dolores Mooers, a
widow, as plaintiff, filed in said
court on the 30th day of January,
1958, against H. B. Fuqua as In-
dependent Executor under a pur-
ported will pf Clifford Mooers, de-
ceased, and in which suit the oth-
er named defendants are those
persons first named in this writ
and to whom it is above directed,
and other defendants to be cited
personally are:
American Cancer Society, Inc.,
a New York corporation, and
American Cancer Society, Texas
Division, Inc., a Texas corporation,
and Betty Nuss, Chester Green,
R. J. Kelly, Mrs. Gladys Van Pelt,
Genevieve Conroy, Ralph Dahl-
strom, Swen Lundahl, Russell
Baughman, Charley McClaskey, Al-
lan H. Ellingson, Paul S. Oles, and
Mrs. A. G. Koenig, as executrix
under the will of A. G. Koenig, de-
ceased, and the said Mrs. A. G.
Koenig, a widow, and Elizabeth
Koenig, a feme sole, as the only
heirs of A. G. Koenig, deceased;
John T. Claybourne, Frank Demus,
Mrs. C. W. Farley (and husband,
C. W. Farley), Tom Walters, Leon-
ard Ward, Bruno Brandt, W. B.
Davis, and John W. Clark, indi-
vidually and as constituting and
representative of that class of five-
year employees £iveh cash legacies
of $500.00 each under the terms
of such purported will of such de-
cedent.
Said suit styled “Dolores Mooers,
A Widow, vs. H. B. Fuqua, Inde-
pendent Executor, et al.,” being
numbered 1525 on the docket of
such court and a brief statement
v>r
These Prices Good Thursday, Friday and Saturday, February 13th, 14th, and 15th
KRAFT VELVEETA
CHEESE
2- Lb. Loaf
- 69c
KRAFT WISCONSIN
CHEESE
Lb. 55c
DECKER’S KORN KIST
FRANKS
3- Lb. Bag
99c
ALL MEAT
BOLOGNA
Lb. 49c
COUNTRY STYLE
SAUSAGE
Home Made
Lb. 49c
LARGE COUNTRY
EGGS
Guaranteed Fresh. Dozen
39c
DECKER OR SUN VALLEY
OLEOMARGARINE
Lb. 15c
CARROTS
2 1-Lb. Cello Bags
15c
LETTUCE
Large Firm Heads
2 for 25c
HOME-OWNED
Choice Home-Killed
DADY DEEF
ROUND STEAK
LOIN STEAK
T-BONE STEAK
CLUB STEAK
ROAST
tb 89c
tb 89c
lb 79c
lb 69c
lb 57c
Prime Bib, Chuck or Arm Bound
SHORT RIBS lb 39c .
Just right for any occasion
FRESH GROUND BEEF lb 43c
fiftOWN SHEAS CORED
HUNT’S
SLICED PEACHES
Heavy Syrup. 5 No. 300 Cans
51.00
DIAMOND
BLACKEYED PEAS
10 No. 300 Cans
51.00
COLORADO
REO POTATOES
10-Lb. Plastic Bag
39c
SUNSHINE
NYOROX COOKIES
Regular 39c Size, 2 Bags
49c
LIGHT CRUST
FLOUR
5 Lb. Bag
39c
JEWEL
SHORTENING
3-Lb. Tin
59c
PURE CANE
SUGAR
5-Lb. Bag 10-Lb. Bag
39c 77c
SMALL SIZE RED DART
ENGLISH PEAS
10 No. 303 Cans
$1.00
KIMBELL’S
NEW POTATOES
10 No. 303 Cans
$1.00
ALL BRANDS
CIGARETTES
Kings Carton Reg. Carton DIAMOND CREAM STYLE
$2.39 $2.29
Package
25c
YELLOW CORN
10 No. 303 Cans
$1.00
Archer City, Texas
Telephone HO 2-3115
HOME-OPERATED
We reserve She right to- refuse sales to dealers
MCWHORTER’S
Open Monday thru Friday
6:30 a. m. to 7:30 p. m.
FOOD STORE
Open Saturdays
6:30 a. m. 8:30 p. m.
of the nature of the suit being as
follows:
Plaintiff seeking equitable re-
view asks to set aside a settlement
made with her husband, Clifford
Mooers, dated May 1, 1956, and
this Court’s decree of approval en-
tered the next day in cause No.
1464, styled “Ex Parte: Clifford
Mooers and Wife, Dolores Mooers,”
recorded in the minutes, Vol. 6,
p. 636, and asks an accounting and
for a declaration fixing the iden-
tity of the residuary devisee un-
der a purported will of such hus-
band as admitted to probate De-
cember 10, 1956, in which suit it
is claimed that plaintiff as the
wife of such decedent for 27 years
before his death was induced to
consent to such property settle-
ment and decree by the fraud of
her husband and his agents, con-
sisting of false representations and
concealment of material facts as
to the nature, extent and value of
the community property and of
plaintiff’s true interest therein at
such time, and because of further
false promises to bequeath and on
account of mistake induced by
fraud of her said husband and co-
ercion; and it is claimed that a
fraud was also practiced by such
decedent on this Court, and that
the proceedings did not comply
with Article 2624a.
It is further claimed in such
suit that all or substantially all
property in decedent’s name at the
time of such settlement and at the
time of his death was community
property, and that had the wife
received those properties awarded
to her in such settlement, such
were greatly less than her share at
such time, and such contract was
grossly unjust and disadvantage-
ous to her, but that there was fur-
ther material fraud and deceit
practiced on her as to those prop-
erties which it was recited she
was to receive under such settle-
ment because of failure of title
and of consideration in material
part and inability to deliver and
failure to deliver personal prop-
erty of the kind and value which
it was represented such wife
should receive.
Plaintiff offers to do equity and
makes a continuing tender to re-
store that which she has received
and asserts that due to her situa-
tion, inexperience, ignorance and
deception she could not sooner
have discovered such fraud and
brought this action.
It is further claimed that since
such husband’s death the defend
ant H. B. Fuqua, acting as Inde-
pendent Executor under the pur-
ported will of such husband, has
come into possession of but has not
distributed all of those properties
which the husband wrongfully took
under such settlement and decree
and in which plaintiff had a con-
tinuing equitable ownership and
interest, and that the other de-
fendants are claiming to own or
have some interest in such prop-
erties and estate as the respective
cnsh legatees and residuary devisee
under such purported will; und
that among such properties are
lands and interests in lands with-
in the State of Texas including
those described, listed and identi-
fied in such petition, including
the following:
Archer and Young Counties:
1. All of Lots 5 and 6, Blk. 19,
Olney Townsite, Young County, in
fee simple.
2. A 3/32 mineral interest in 89-i
acres of land in Young and Archer
Counties, Texas, being out of Tex-
as Emmigration and Land Com-
pany Survey wo. 1593, Abstract
No. 2099, and described by metes
and bounds as follows, to-wit: Be-
ginning at the NW corner of said
T. E. & L. Co. Survey No. 1593;
thence S along the W line of said
Survey 1,344 varas to the SW cor-
ner; thence E 376-1/3 varas; thence
N 1344 varas to the N line of said
Survey; thence W with said N line
376-1/3 varas to the place of be-
ginning.
3. The full minerals under the S
13.22 acres of the W/2 of the N/2
of 211.5 acres, more or less, Block
1593, T. E & I . Co. Survey, Arch-
er and Young Counties, said 211.5
acres being the same property con-
veyed by Clifford Mooers to Shasta
Oil Company by deed datedJune
13, 1925, recorded in Volun^uri 1,
page 236, Deed Records, MHng
County, Texas; and under the N
13.22 acres of the W/2 of the S/2
of said previously described 211.5
acres.
4. A 7/32 mineral interest in the
W 40 acres of the S 80 acres of a
certain tract described as follows,
to-wit: Being the E 1/2 of the B.
B. B. and C. R. R. Co. Survey No.
3, Patent No. 102, Vol. 15, Abstract
No. 51, Archer and Young Coun-
ties, Texas, described by metes
and bounds as follows; Beginning
at the NE corner of said Survey,
thence S 1900 varas to the NE
corner of said Survey No. 4; thence
W 950 varas; thence N 1900 varas;
thence E 950 varas to the place of
beginning.
5. A 1/4 mineral interest in the
W 1/2 of the T. E. & L. Co. Sur-
vey No. 68, Young County, Texas.
6. A 1/4 mineral interest in the
S 1/2 of the E 1/2 of the T. E. &
L. Co. Survey No. 73, Abstract No.
349, Young County, Texas.
The State of Texas
To the Sheriff or any Constable
of any County of the State of Tex-
as, GREETING: ’
You are hereby commanded to
serve the foregoing citation by mak-
ing publication thereof in some
newspaper, of legal circulation,
published in the County of Archer
for four (4) consecutive weeks, the
iirst publication to be at least 28
days before the return day of the
citation.
Herein Fail Not, but on the re-
turn day hereinabove named, have
you then and there before said
court this writ, with your return
thereon, showing how you have
executed the same.
Issued and given under my hand
and seal of said court in Boerne,
Texas, this 30th day of January,
1958.
(Sgn.) LORENE K. HARZ
District Clerk, Kendall County,
Texas.
By
(Seal) Deputy.
9-4tp.
-o-
Mammy Yoakum never had any-
thing on the Lee Cliftons when it
comes to growing turnips. When
they plowed up their garden last
week, a huge 8-pound, 2-ounce tur-
nip came to light. The vegetable
measured 21 i inches in circumfer-
ence—and the Cliftons could easi-
ly boast the finest stock of “per-
sarved tarnips” this side of Dog-
patch. Formerly of Archer City,
they now reside between Markley
and Loving.
Water Heater #
SPECIAL
20-GAL. CAPACITY
ONE YEAB WABBANTY
$57.50
20-GAL. CAPACITY
TEN YEAB WABBANTY. GLASS LINED
$79.50
30-SAL CAPACITY
TEN YEAB WABBANTY. GLASS LINED
$88.50
WE HAVE AN AMPLE SUPPLY OP
Redmcd Fencing Materials
SNAINRGER LOIRS 00.
TLKPHONI HO 2-3153
ARCHER CITY
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The Archer County News (Archer City, Tex.), Vol. 44, No. 9, Ed. 1 Thursday, February 13, 1958, newspaper, February 13, 1958; Archer City, Texas. (https://texashistory.unt.edu/ark:/67531/metapth708170/m1/4/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Archer Public Library.