The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-12-09
IDU IIEFA fT
TtTTJTt-tLt,tTIt-
CYLegGJ Notice.
Court of Common Pleas of Stark county Ohio,
The Trustees of &c Canton tOwnship( Civil Action,
James A. saxton ct al. niJ Notice.

i Sourl oI VommQn fleas Oh STARK county, Ohlo'
The Trustees of Canton tOwnshipl Civil Action,
James A. saxton etal, ~ Notice.
| The defendant James A. saxton, administrator
| OF The estate, with the will annexed, of Thomas
Hartford, deceased, also in his individual capaci-
| y, me unknown heirs of said Thomas Hartford,
| ana me Orphans Asylum of Allegheny county,
iennsylyani1, are hereby notified that the plain
tts Trustees Of Canton township, Stark county
aforesaid on the 23d day of october, 1875, filed a
! petition n the Court of Common Pleas Of said
county OF STARK setting forth, among other things,
% thas @ sometime In the month Of September, 1851,
said Thomas Hartford died In the city of Pitts.
burgh, Allegheny county, Pennsylvania; leaving
| no issue, but leaving one Abigail Hartford, who
SlnGe pI DECEASED as his widow. That at the time
| OF MS death said Thomas Hartford was and for
| many years, Heretofore had been owner in fee
simple ofthe following descrlped real estate stu.
ate IN the county OF Stark, Ohio, to.wit
l. tract containing one hundred and thirty
elx q and l6-lOO acres, more or less, being part Of
the north east quarter dissection ten, township ten
range eight, which was conveyed TO him by one
John Sloane by deed bearing date on the 4th day
OF November, 1919, recorded in book 3D." pages
SyS ana SOa Of the records In the Recorders office
2; Town lots number sixty.three, one hundred
and seventy. eight, one hundred seVenty.nine and
one hundred and eighty, In the town, now city of
Canton as designated on the original plat Of said
town and
g. A town lot in the town of Bethlehem, now
Navarro, in said Stark county, which Is known
and designated on the original plat Of said town
OF Bethlehem as the "stone quarry lot"
1fa ns wsS 2 %G9 esS%snt ,SnE said Thop
littime OF said widow, Ids executors should rent
and lease all the Aforesaid real estate, together
with all1his real estate in Pennsylvania TO the
best advantage; and out Of the rents, issues and
grohB OF the same pay his said widow annually
during her life, the sum Of five hundred dollars
IN quarterly. or half yearly payments; and that
the residue OF said rents, issues and profits they
should apply after first deducting necessary ex-
penses and compensation for services by putting
the same on interest to be used for improving said
real estate, either by building thereon or by re.
pairing the buildings then already thereon, or
afterwards put thereon. 4II ',I,'T'
That by codi il to his aaid viii said Thomas
Hartford Willed and devised all his aforesaid real
estate in said county of Stark, and all the issues
and avails arising out of the same TO the 'poor of
the town Of Canton being the town, now city
OF Canton NO 4 aforesaid, to be applied used and en-
Joyed I'm the way most likely TO do goodn
That under the laws of the State of Ohio the
tie towlt said real estate, by virtue ofthe afore-
said devise, is vested in the Trustees of said Can
ton township plaintiffs, in trust for the poor of
sald town, now city of Canton; and said trustees
areaso emitted to have and receive, in trust for
said poor, the avalls, rents issues and profits of
the same which have accrued since the death of
said Thomas Hartford, and not used and applied
as authorized by said will ''.'.''.''' I''7l'''f'
That on the 18th day Of June 1854 said Widow
Hartford by proper instrument in writing, relin
quished, surrendered and released in favor of
said poor ofthe town. now city of Canton, and as
gilt to them, all her right to the rents issues
ana pronts OF the aforesaid real estate in said
Stark county, being her life interest therein by
means whereof the plaintiffs, as the trustees Of
said Canton township became and were lawfully
entltled 10 said rents issues and profits, in trust
torthe poor efsaid town. now city of Canton.
n tNupN Nfaap knrr
ment of this suit, said Widow Hartford departed
this life; but that although one clause ofthe will
OF said Thomas Hartford has also provided that
his executors should within two years after the
death Of ms said wife, sell all his real estate no
steps whatsoever have been taken to sell the real
estate SO situate in said county of Stark that in
fact said clause in said will was superseded by the
aforesaid provision in said codicil.
That shortly after the death of said Thomas
Hartford, said James A. Saxton took the possess.
ion and control of said real estate in said Stark
county, and received the rents issues and profits
thereof, In trust and TO be applied as provided as
aforesaid That afterwards, on the LIST day of Feb.
ruary 1886, he was appointed by the Probate Court
ofsaid county of Stark administrator of the estate
with the will annexed of said Thomas Hartford,
deceased, as ancilary administrator of said estate
in the State of Ohio That since he was in possess.
ion, and had the control ofsaid real estate he re-
ceivcd large sums for the rents, issues and profits
thereof; thathe felled sold and otherwise appro.
priated large quantity ofvaluable timber on the
tract first described that he received ofthe Penn.
sylyania and Ohio Railroad Company, for the
rightof way over said tract, large sum of money;
and that he still has in his hands large sums of
money arising from said ayails, rents, issues and
profits, for which he is held to account to the
plaintiffs in trust for said poor ru#.Y.
That though often requested he has neglected
to account to the plaintiffs for the moneys SO by
him received and in his hands; and still wrong.
fully retains said moneys III. r....... ruE0.
That the plaintiffs also often demanded of him
the possession of the aforesaid real estate in said
county of Stark, to which they we're and are law.
tully entitled yet he refused to give up the pos
session of the same and still wrongfully detains
the possession from said plaintiffs.
Thatsaid Orphans Asylum of Allegheny coun-
ty, pennsylvania, Wrongfully claim to hold some
interest in the aforesaid real estate in said county
of Stark, as do also the unknown heirs of said
Thomas Hartford, deceased aaH IIT#HI
Theplaintitfs pray that the Court may adjudge
the aforesaid devise and bequest ITO the poor of
the town of Canton" to be good and valid in law,
and to vest said property in the plaintiffs in trust
for the poor OF the town, now city of Canton to be
applied and used as directed in said will that the
plaintiffs may recover o Judgment against said
James A. Saxton for the possession Of said real
estate that said SaXton be also ordered to account
to them for the avails rents, issues and profits of
said real estate and to pay over to them the mon
eys so in his hands, with interest. That said Or
phans Asylum of Allegheny county, Pennsylva-
mia, and the unknown heirs of Thomas Hartford
deceased, be adiudged to have no interest in said
property, and be forever restrained from claim
ing any interest therein And that the plaintiffs
may be directed by the Court, to manage and CON
troll sell or dispose of said real estate and apply
or invest the proceeds or the income thereof to
the best advantage for the aforesaid poor of said
tent, and in the charitable spirit of said benevo.
lent testator, as said Court may deem judicious
and proper.
Said defendants are required to answer said pc.