Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1873-01-25

To THE SHERIrY OF DALLAS Co.-GREErISd:
You arc hereby commanded that you summon by
publiration, Peter Aplyn and Mary Francis Arlyn,
his wife. Ambrose 0verton, Eldrideo Oyerton and
Emily Jane, Marcia A. and Rachael oyrrton, daush-
tiers Vi q. g. Oyerton, deceased, all OF whom nro
married women, and the names oil whose husbands
are unknown, and W. IL. Overflow who are non-rc'i-
dents Of the State Of Texas 10 be and appear before
the District Court be hOl len In and for the
of Dallas at the Court House thereof in tho City
OF Dallas County Of Dallas and State of Texas, on
the First Monday IN February, A. d. 1873, then and
there to answer the petition OF DaSid IL. Csmron,
" p Oyerton, John il. Robinson, and Martha Rob-
inson, his wife, Elizabeth Edwards, W. L. Burko,
ii NJ. Durke' J. W. Burke, S. Majors, and his VITO
Matilda Majors, JAMES Carpenter, and Ann his wife,
jackson Loyelsce aud his wife, Matilda Maxwell, I'D
ward Wilburn aud Nancy wiburn his wife, filed
in said court against the said Peter Aplyn, Mary
Francis Aplyn, Ambrose 0verton, Eldrdgo Overton,
Emily Jane, Martha A. and Rachael Oyorton daugh-
tiers Of C. Z. Oycrton and their husbands and W. X.
Oycrton, and alledging in substance as follows to-
wit: That the day Of April, 1850, Aaron Over
ton ana Rachel, his wife, owned and held as cofnmu-
nifty property, certain lands lying in Dallas County,
Texas, and described MS follows, to-wit:
$40 acres land patented to Aaron Oyerton by vir-
tue of his Colony headlight cei tncate No. -, issued
by the commissioner Of Peters colony situate about
miles w Of the town Of Dallas also so acres of
laLd in Dallas County, Texas, about II miles west
of Dallas, aud patented by virtue OF W. A. oyertons
colony headlight certificate, issued by tho commits.
siouer Of Peters colony. Said tract Of land con-
tanning Gao acres in all, that the - day of April
A. ID, 1850, said Aron Oyerion departed this life,
having devised said lands to his wife Rachel 0ycrton
during her life and widowhood, save and except
seyenty-Fiys Acres of of the South cnd Of the said
Aaron Oyerton survey, and Seventy Eight acres of
The west side Of the north half Of tho said W. p.
O,erton tract, and that the said Aaron 0,erton by
his last Will and Testament also gave and bequeath-
ed TO Rsehel 0verton, his said wife, during her natu
raj life and widowhOOd another tract Of land lying
and being in the county OF Parker, in the State Of
Texas, abont sir miles south u the town OF Wealth
II 20, lie nat Aarn y.es.. h.
virtue Of his said headlight certificate issued as
aforesaid and containing ThralS hndred and Tween
~ Acres AZ land and except Eighty acres on the
North side OF said tract Of land that said last will
and testament Of said Aaron Overtor deceased was
duly proved and recorded and that by said will said
A.ros Overton gave and bequeathed said lands to
his said wife Rachel during her natural life and wild
oxbOOd Aforesaid and by the terms Of said Will, said
inds were at the death marriage Of the said Ra-
% Oyerton to descend TO tho heirs Of the said Aaron
oyerton, and Defendants notified that said VIII
or certified copy thereof will lie read on the trial
~ this cause; that afterwards, to-vit on the -
dsv Of - A. ID, IS, said Rachel 0rerton, widow
a. aforesaid died intestate and the Lands Aforesaid
descvbded to the heirs hereinafter mentioned as ten
ants in common; that there are no debts or claims
udng agnnst said estaiei and alledging that
- .urh tefiaute in common, said Plaintiffs aud De-
faants are entitled interest In said lands afore
aid. and praying for citation, and upon FINAL
bearing for sna P. =, SS,S 1s.
rg 10 l,eiT respective interests therein and for
v.neraI relief. Herein fail not but have you then
and there lefcre -aid Court this writ, with your ne
turn thsreOh, showing bow yon have executed the
witness John NJ. Laws, Clcrk Of the
District Court OF Dallas County.
SEAL Given under my hand and seal Of said
S/COurt, in the City Of Dallas, this the Nth
lay Of 'AH".ry' A u i'''' JOHN NJ. LAWS.
cl'k Dist. G. Dallas Co.. Texas,
ByJ, Y. CooxnEs, Deputy h4u