The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1863-02-19

VUNHE above-nomed defendants, Benjamin H. John
on,of the State Of Illinois, James NJ. johnson
Of Attlca, in the state Of Indiana John T. Johnson
Lafayette, Indiana, job j. Miskelly and Sarah Mia
Kelly, his wife, Of Lafayette Indiana John pope and
Eliza Pope his wife, Of the State of illinois, Arihnr O.
Stewart and Sarah stewart, his wife, Of the stat Of
Mssouri and Mary Beckncr, of lafayette Indiana are
hereby notified that the above-named plantif, BcDja-
min H. johnson, OF Pikoton Pike County Ohio, did,
the sh day Of December, A. D. 1862 file his petition in
the Court OF Common Pleas Of Highland County Ohio
against them and the ether ab0ve-named defendants,
setting forth that Benjamin II. Johnson senior, late OF
Ilisborough, ip Highland County Ohio, deceased, on
the goth day OF May, 1851 made and published his last
Will and Testament which was after the death of the
said Tcstator, tc-wit the lith day of August, D.
1854 duly proved and admitted to record in the Pro.
bate Court of the said County Of Highland that on the
said l4th day Of August A. d. 1851 and Immediately
before the probate of suid will, certain NJ the egatees
and dcvsees under said WILL and among them all Of tho
rcsiduary lcgatccs and also the said defendant Mary
Beckuer, entered into written agreement each with
sets Of the estate, by which certain changes and mod
catiuns Of some of the provisions Of the said will were
made, which said agreement is also If record in said
Probate Court; setting forth, also, In substance, the
provisions Of the said will aud article Of agreement
SAID VIII specific legacy amounting TO 900, given
to the plaintiff aud that by said agreement, he was to
receive for said legacy six thousand dollars; that on
the l2th day of October, a. d. lS5l the said David
Johnson, Executor of the said Benjamin II. Johnson
by false and fraudulent representations procured tho
said plaintiff to accept for the time being four thou
and dollars of the said six thousand dollars and execute
aud deliver TO tho said Executor receipt in fall for
the said $4,000, the said Executor promising to and
agreeing with the said plaintiff tc lny him at the
cud OF tour years from the Testators death the re.
muiniug two thousand dollars, with interest from the
time Of said Testators DEATH that the said Executor
having andretauing in his hands nrge sums Of money
belonging to said estate, which by the provisions Of the
said will aud the terms Of said article Of agreement
could and should he, aud long since should have bee n
distributed among the rcSiduary oeutees Of snl will
refuses to distribute the same and also refuses to
reduce the oh0r remaining assets Of said estate TO
money, and distribute the amcig the said re-.
sduary egaccs, 10y the provisions of the said will
and the terms Of the said article of agreement be
should do.
The said plaintiff in said petition prays that tho said
receipt may be aunullcd, and delivered M and cancelled
aud that the said Executor be adudgpd ai dccrped TO
pay to the Id plaintiff the said two thousand dollars
with interest from tho lIth day Of August A. D. ls5J
aud also thatt hat the said Executor be ordered au
compelled to disclose, in fr tho condition Of the snil
estate and the assets thereof and that he tIp snld
Executor, be ordered, dccrccd and compelled as far
ms the provisions Of sG!d will aud the terms Of ths
said article will admit Of now distribute the mon
rys Of the said estate in his hands, among tile
said rcsiduafy egatees, and reduce the said remain
Ing assets Of said estate to money, 50 far as by the
provisions iUf said will and the terms Of said nc co.
meut may now bo done, and after paying the spccfc
eg1cics provided for in said will distribute Tho same
among the said resduary legaees and the said iab-
tin also prays for such other aud further relief ms IN
the Judgment of the Court he may be entitled to
have.
The said defendants further hereby notified that
oy are required to the said petition in the said
case on or before the 1ih day of February A. 1895
B. II. JOHNSON, paintin
December 18th, 1869. declsw7--prs fee S27.25