This page was put on the web 24 April 1999
The Broom vs Broom Lawsuite of 1938 was copied from a 30 year old photo copy of a 60 year
old document in March 1999, by Billy E. Broom, Jr., who has made every effort to be as accurate
as possible. The words and punctuation are as they actually appear in the document.
STATE OF SOUTH CAROLINA)
COUNTY OF FAIRFIELD ) IN THE COURT OF COMMOM PLEAS
J.O. Broom, Claude J. Broom, Mrs. Thomas (Lucinda) Teague,)
Samuel T. Broom, Mrs. Corrie M. Raines, A.B. Price, Mrs. Pearl)
Harmon, Mrs. Jessie Price Richardson, Mrs. Alberta Price Shira )
Maude Brazelle, E.B. Brazelle, Herbert W. Broom, J.S. Pettie )
Sarah Broom, and Leroy Broom. )
Plaintiffs
-versus-
Henry Broom,William Broom, William A. Rose, Charlie T. Broom ) SUMMONS
Mary Smith (Mrs. C.H. Ratteree, Mrs. Minnie Hancock, Wade )
Brazelle, Eva Rosemond Price, Henry N. Rose, Edgar H. Broom )
Mrs. F.A. (Lillie Mae) Hauser, Elvira Broom Craft, Oscar Price, )
Oscar E. Broom, Mrs. T.J. Hooper, B.R. Smith, C.W. Smith, W.Z. )
Smith, F.W. Smith, Mrs. Douglas Parham, Hazel Smith, Mrs. Tom )
Caldwell, Sarah Smith, Virginia Smith, and Ross E. Broom as )
Administrator of the Estate of Ella Broom, Mrs. O.M. (Mary) )
McWaters, Fannie Belle (Mrs. J.F.) Entzminger, John Randolph )
Rose, Mrs. H.E. Falkerth, Charlie B. Broom, Mrs. Ethel Broome )
Williams, Mrs. Minnie Broome Robertson, Elmer S. Broome, )
W.L. Broome, Mrs. Jessie Broome Hunter, and George W. Broome )
)
Defendants )
)
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TO THE DEFENDANTS ABOVE NAMED:
YOU AND EACH OF YOU ARE HEREBY SUMMONED and required to answer the
complaint in this action, a copy of which in herewith served upon you, and to serve a copy of your
answer to the undersigned Attorney at his office, 303-304 Central Union Building, Columbia,
South Carolina, within twenty days after the service thereof, exclusive of the day of such service;
and if you fail to answer the complaint within the time aforesaid, the plaintiffs in this action will
apply to the Court for the relief demanded in the complaint.
D.M. Winter
Attorney for plaintiffs
Columbia, S.C.
STATE OF SOUTH CAROLINA)
COUNTY OF FAIRFIELD ) IN THE COURT OF COMMON PLEAS
J.O. Broom, C.J. Broom, Mrs. Thomas (Lucinda) Teague, )
Samuel T. Broom, Mrs. Corrie M. Raines, A.B. Price, Mrs. )
Pearl Harmon, Mrs. Jessie Price Richardson, Mrs. Alberta )
Price Shirah, Maude Brazelle, E.B. Brazelle, Herbert W. Broom )
J.S. Pettie, Sarah Broom, and Leroy Broom )
Plaintiffs
- versus-
Henry Broom, William Broom, William A.Rose, Charlie T. ) AMENDED
COMPLAINT
Broom, Mary Smith (Mrs. C.H. Ratteree), Mrs. Minnie Hancock )
Wade Brazelle, Eva Rosemond Price, Robert Eric Price, Henry )
N. Rose, Edgar H. Broom, Mrs. F.A. (Lillie Mae) Hauser, Elvira )
Broom Craft, Oscar Price, Oscar E. Broom, Mrs. T.J. Hooper, )
B.R. Smith, C.W. Smith, W.Z. Smith, F.W. Smith, Mrs. Douglas )
Parham, Hazel Smith, Mrs. Tom Caldwell, Sarah Smith, Virginia )
Smith, Mrs.O.M. (Mary) McWaters, Fannie Belle (Mrs. J.F.) )
Entzminger, John Randolph Rose, Mrs H.E. Falkerth, Charlie B. )
Broome, Mrs. Ethel Broome Williams, Minnie Broome )
Robertson, Elmer S. Broome, R.L. Broome, Mrs. Jessie Broome )
Hunter, George W. Broome, and Ross E. Broom as administrator )
for the state of Ella Broom, )
)
Defendants )
----------------------------------------------------------------------------------)
Plaintiffs herein complaining of the defendants above named, allege:
1. That some of the plaintiffs and some of the defendants are residents and citizens of the State of
South Carolina, and this action is brought to partition real estate located in Fairfield County, State
of South Carolina.
2. That J.B. Broom, Sr., late of Fairfield County, South Carolina, departed this life intestate,
about the year 1900, seized and possessed of a certain tract of land, situate lying and being in the
County of Fairfield, State of South Carolina, measuring and containing one hundred and fifty
acres, more or less, being the same place on which the said J.B. Broom Sr., and his wife resided
during their lifetime, and bounded on the North by lands now or formerly of W.H. Padgett; on the
South by lands now or formerly owned by, or in possession of C.A. Abell; on the East by lands
now or formerly of Dr. Allen Coleman and on the West by lands now or formerly of the Estate of
Dr. J.F. Brown, deceased.
3. That the said J.B. Broom, Sr. left surviving him as his sole heirs-in-law and distributees under
the Statute, his widow, who has since died intestate, and left no heirs other than his children,
hereinafter named, and his seven children, to-wit, Charlie Broom, Shirley C. Broom, John B.
Broom, Ella Broom, Mrs. Clara Price, Oscar Z. Broom and J.O. Broom.
4. That the said Charlie Broom died intestate about sixteen years ago, possesed of his interest in
said land, and left surviving him as his sole heirs and distributees under the Statute, his six
children, to-wit: Henry Broom, William Broom, Mattie Rose, Elizabeth Broom Smith, Nannie
Broom Pettie, and Edith Broom.
5. That Mattie Rose, the daughter of the said Charlie Broom, died intestate since the death of
Charlie Broom, and left surviving her as her sole heirs-at-law and distributees under the Statute
her five children, to-wit: Henry M. Rose, William A. Rose, Mrs. Fannie Belle Enteminger, Mrs.
Mary Rose McWaters and John T. Rose. That John T. Rose has since died leaving as his sole
heirs, one son, John Randolph Rose, and his widow, who is now Mrs. H.E. Falkerth.
6. That Elizabeth Broom Smith, daughter of Charlie Broom, departed this life intestate on or
about Dec.9,1936, seized of her share in the Estate of J.B. Broom, Sr., and left surviving her as
her sole heir-at-law and distributees under the Statue, her eleven children, as follows: Mrs. J.T.
Hopper, B.R. Smith, C.W. Smith, W.Z. Smith, F.W. Smith, Mrs. Douglas Parham, Mrs. Hazel
Smith, Mrs. Tom Caldwell, Sarah Smith, Virginia Smith, and Mrs. C.H. (Mary Smith) Ratteree.
7. That Mrs. Minnie Broom Pettie, daughter of Charlie Broom, has departed this life intestate,
leaving as her sole heir-at-law and distributee under the Statute her husband, J.S. Pettie.
8. That upon information and belief that Edith Broom, daughter of Charlie Broom, Sr., and
granddaughter of J.B. Broom, Sr., died intestate after her father, seized and possessed of her
undvided interest in the property herein mentioned and left surviving her as her sole heirs-at-law
and distributees under the Statute her children, Charlie B. Broom, Mrs. Ethel Broome Williams,
Mrs. Minnie Broome Roberteen, Elmer S. Broome, H.L. Broome, Mrs. Jessie Broome Hunter,
and George W. Broome.
9. That John B. Broom, Jr., departed this life intestate about four years ago, seized of his interest
in the property herein mentioned and leaving as his sole heir-at-law and distributee under the
Statute the plaintiff, Mrs. Elvira Broom Craft.
10. That Shirley C. Broom, a son of J.B. Broom, departed this life intestate about twenty-one
years ago, seized and possessed of his interest in said land and property, leaving surviving him as
his sole heirs-at-law and distributees under the Statute his widow, Mary A. Broom, who has since
died intestate, leaving no other heirs but her children by the said Shirley C. Broom, as hereinafter
named, and leaving the following named children, to-wit: Sam T. Broom, H.W. Broom, Mrs.
Lucinda Teague, Mrs. Corrie M. Raines, J.H. Broom, .F. Broom, and Annie Broom.
11. That J.H. Broom, son of Shirley C. Broom departed this life intestate about 1936, leaving
surviving him his widow who has since died intestate and left no heirs, but his, and seven children,
to-wit: Claude J. Broom, Edgar H. Broom, Leroy Broom, Charlie Broom, Sarah Broom, Lillie
Mae (Mrs. F.A.) Hauser, and one other child that died intestate, leaving no heirs except its
brothers and sisters named above.
12. That H.F. Broom, son of Shirley C. Broom, departed this life intestate, leaving surviving him
as his sole heir-at-law and distributee under the Statute, his widow, who is now Mrs. Minnie
Hancock, and that Annie Broom, daughter of Shiley C. Broom, died intestate about sixteen years
of age, leaving no heirs except her brothers and sisters herein named.
13. That Mrs. Clara Price, daughter of J.B. Broom, departed this life intestate about the year
1936, seized of her interest in the property herein mentioned and left surviving her as her sole
heirs-at-law and distributees under the Statute, her six children or their legal representitives,
to-wit: Arthur B. Price, Jessie Richardson, Pearle Harmon, Oscar Price, Eric Price, and Edna
Price Brazelle.
14. That Eric Price, son of Mrs. Clara Price, departed this life intestate about twelve years ago,
seized of his interest in the property herein described and left surviving him as his sole heirs-at-law
and distributees under the Statute, his widow, who is now Mrs. Alberta Shirah, and his two
children, to-wit: Robert Price and Eva Rosemond Price.
15. That Edna Price Brazelle, daughter of the said Mrs. Clara Price, departed this life intestate,
seized of her interest in the property herein mentioned, and left surviving her as her sole
heirs-in-law and distributees under the Statute , her husband, Wade Brazelle, and her two
children, Maude Brazelle and Earl Brazelle.
16. That the present surviving sole heirs and distributees of the said J.B. Broom Sr., are the
persons named herein as plaintiffs and defendants, and that all of said parties are of legal age and
sui juris except Eva Rosemond Price, who is a minor of the age of nineteen years; Robert Eric
Price, who is a minor the age of twenty years; and Virginia Smith, who is a minor the age of
eighteen years.
17. That the plaintiffs and defendants, except Ross E. Broom, Administrator, are owners as
tenants in common of the lands herein described in various properties in accordance with their
inheritance, and that they own no other lands in this State, together as tenants in common.
18. That the said J.B. Broom left surviving him a daughter named Miss Ella Broom, who died
about four years ago, a spinster, who left certain money and personal property adn which was
inherited by plaintiffs and defendants herein in the same proportion as the lands of J.B. Broom,
Sr., but that no setlement or disposition has been made of her said Estate, and that Ross E.
Broom, Administrator of her Estate, is made a party defendant herein in order that an accounting
may be had and full settlement made of all matters in which plaintiffs and defendants are interest
jointly in this one action, including settlement of the Estate of Ella Broom; that plaintiffs are
informed and believe that the money and other property, left by the said Ella Broom was made
and accumulated on and from the property of J.B. Broom, Sr., of which she had charge and
control, and that certain household goods and property of the Estate of J.B. Broom,Sr., and
should be accounted for and partitioned in this action.
19. The plaintiffs are informed and believe that Oscar Z. Broom arranged for and sold certain
timber from the lands of the Estate of J.B. Broom, Jr., herein described and that some of the
parties hereto received a part of the money from said sale, and further that there is possibly a
balance due on the timber, which has never been collected; all of which should be fully accounted
for and adjusted in this action, so as to expect an equal distribution of all property, including the
timber, among the parties entitled thereto.
20. That plaintiffs desire to have the lands above referred to partitioned and divided among the
respective parties hereto, in accordance with their respective rights and interests therein, and that
they are informed and believe that, owing to the number of interested persons and the nature and
location of the property in question, it cannot be divided in kind, with fairness and justice to all
parties concerned.
21. That this complaint has been amended for the reason that it has been learned there were other
interested parties, not named in the first complaint, and certain parties who were named as
defendants have requested toe Attorney for the plaintiff to represent them and they have been
included as plaintiffs.
Wherefore, plaintiffs pray judgement for the partition of the land and other property described
and referred to herein, and that said lands, and person property, be sold by and under the order of
this Court at public auction to the highest bidder for cash, and that the proceeds of said sale, after
paying from the corpus of said Estate all cost and expenses, including a reasonable Attorney's fee
for plaintiffs' Attorney, to be fixed by this Court, be distributed among the various parties hereto,
plaintiffs and defendants, as their respective rights may appear.
That the Administrator of the Estate of Ella Broom be ordered to make an accounting and final
settlement and distributions of the said Estate in this Court, and that the proceeds of this Estate be
included with the Estate of J.B. Broom, Sr., and that it be divided in the same manner; and for
such other and further relief as the Court may deem proper in the premiage, including proper
adjustment for value of timber.
D.M. Winter
Attorney for plaintiffs
STATE OF SOUTH CAROLINA
COUNTY OF RICHLAND
PERSONALLY appeared before me (signed by Mrs. C.M. Raines) who being duly sworn says
that he is one of the plaintiffs in the above styled action; that he has heard the foregoing complaint
read and the allegations thereof are true to his own personal knowledge.
Sworn to before me this
5th day of Feb. 1938
D.M. Winter (IS)
Notary Public for South Carolina
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