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VASILIADES v. VASILIADES

June 12, 1957

ELENI VASILIADES, APPELLANT,
v.
ACHILLES W. VASILIADES, INDIVIDUALLY AND AS ADMINISTRATOR DE SON TORT OF ALEXANDER ACHILLES VASILIADES, DECEASED, PAUL A. VASILIADES, ALKISTIS J. SFETKOS, GELEN J. GARDIKI, DEMETRIOS V. DEMETRIADIS, MARY N. VASILIADES, HELENE M. VASILIADES, LEO W. VASILIADES, ACHILLES NICK VASILIADES, THE LAST THREE BEING MINORS ABOVE THE AGE OF 14 YEARS AND JOHN NICK VASILIADES AND CONSTANTINE W. VASILIADES, MINORS UNDER THE AGE OF 14 YEARS, RESPONDENTS.



The opinion of the court was delivered by: Stukes, Chief Justice.

June 12, 1957.

This action was commenced in March, 1951. Service of process was promptly made on the resident defendants and in due course on the other defendants, who are resident in the Kingdom of Greece.

The complaint alleges that plaintiff is the lawful surviving wife of Alexander Achilles Vasiliades, late a resident of Spartanburg, South Carolina, who died intestate in Greece on or about September 30, 1950, leaving as his heirs at law the plaintiff and the defendants; at his death the intestate owned real estate which is worth not less than $75,000.00 which defendants have taken possession of, collecting substantial rents and excluding plaintiff from participation therein; plaintiff and defendants own said real estate in common in stated shares; on information and belief, said intestate also owned personal property of substantial value which has been taken into the exclusive possession of defendants without accounting to plaintiff; no application has been made for letters of administration on her husband's estate; certain of defendants are hostile to plaintiff and brought litigation in Greece whereby they seek to invalidate the marriage of plaintiff and her husband. The complaint prayed that the Court assume jurisdiction of the estate of decedent, appoint a suitable and proper person as receiver thereof, with power and direction to administer thereon, to manage and keep safe the same; for partition of the real estate and for other relief that may be equitable.

The defendants have not yet answered the complaint. They procured the appointment of the defendant Achilles W. Vasiliades as guardian ad litem for the infant defendants, and as such he has been represented by the attorneys who represent the other defendants. The attorneys appeared in the action for all of the defendants and none is in default.

On July 21, 1951, plaintiff filed her petition praying for the appointment of a receiver for the purposes stated in the prayer of her complaint. Upon this petition Judge Littlejohn issued a rule on July 21, 1951, requiring the defendants to show cause on August 1, 1951, why the prayer of the petition should not be granted and a receiver appointed. Defendants served their return to the petition praying that it be adjudged sufficient and the rule discharged. They also demurred to the petition on the ground that it failed to state facts justifying the relief prayed.

The return to the rule was heard in due course and on November 2, 1951, Judge Littlejohn filed an order appointing Arthur D. Rich, Esquire, as receiver, quoting from the order, "with power and direction to administer upon the estate of Alexander Achilles Vasiliades, deceased, to take possession of, manage and keep safely the properties thereof and to receive the rents and revenues from said properties and to do all things necessary and proper with reference thereto." His bond was fixed at $4,000.00, and the receiver qualified forthwith by filing bond in that amount.

Thereafter the following took place:

November 12, 1951: Defendants served notice of appeal from the order appointing receiver.

November 12, 1951: Achilles W. Vasiliades filed bond for $4,000.00, as permitted by order of November 2, 1951, in lieu of surrendering to the receiver property of the decedent in his hands. Secs. 10-2305, 6, Code of 1952.

November 16, 1951: Achilles W. Vasiliades filed in the clerk's office a copy of a statement of The Citizens and Southern Bank for the period September 24, 1951, to October 20, 1951, showing a balance on the latter date of $3,483.04 to the credit of "A.W. Vasiliades, Agent De Luxe Liquor Store, 158 Branch Street, City", which was not verified.

December 18, 1951: Receiver filed Report and Petition alleging Achilles W. Vasiliades has not filed reports as required by order of November 2, 1951.

December 18, 1951: Receiver served notice of motion to summons Achilles W. Vasiliades and others before Master for examination and to require him to file additional bond.

December 1951: Receiver noticed motion to dismiss appeal from order of November 2, 1951.

January 4, 1952: Argument heard on pending motions of receiver to dismiss appeal and examine Achillies and others under oath.

January 25, 1953: Receiver noticed motion for order appointing appraisers of estate properties.

January 28, 1953: Defendants noticed motion to require plaintiff to post security for costs.

March, 1953: Achilles secured an order extending to March 31, 1953 time for him to file accounts as required ...


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