The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-11-25
LEGAL.
Legal Notice.
Court of Common Pleas of Stark county, Ohio.
The Trustees of Canton tOwnship( Civil Action
James A. Saxton ct al. Notice.

The Trustees of Canton tOwnship( Civil Action,
vs..
James A. Saxton ct al. Notice.
Thedefendant James A. saxton, administrator
of the estate, with the will annexed, of Thomas
Hartford, deceased also In his individual Capacl-
ty, the unknown heirs OF said Thomas Hartford,
and the Orphans Asylum Of Allegheny county,
Pennsy lvani1, are hereby nothed tnat the PLAIN
tiffs Trustees Of Caution township Stark county
aforesaid on the 23d day OF October, 1875, filed
petition in the Court of Common Pleas of said
county Of Stark, setting lorth among other things,
that 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
Is since deceased, as his widow. That at the time
oi his death said Thomas Hartford was, and for
many wears Heretofore had been owner in fee
simple Of the following descriped real estate stu
ate In the county Of Stark, ohio, to wit:
l. tract containing one hundred and thirty
six and l6-lOO acres, more or less, Delng 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 ID" pages
303 and 304 of the records in the Recorders office
Of said county Of Stark.
Q. 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
8. 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"
That by his last will and testament said Thorn
as Hartford willed and provided that during the
liftime of said widow, his executors should rent
and lease all the aforesaid real estate, together
with all his real estate In Pennsylvania, TO the
best advantage; and out Of the rents, issues and
profits Of the same pay his said widow annually,
daring her life, the sum of five hundred dollars
tn rta ar half uaQ ri n
the residue of said rents, issues and profits they
| sht uld 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
4 afterwards put thereon.
That, by codi il TO his aaid will. said Thomas
Hartford willed and devised all his aforesaid real
estate in said county of Stark and all the issues
and avals arising out of the iame 10 the poor OF
thetown Of Canton" being the town, now city
| of Canton aforesaid, to be applied, used and en-.
| joyed "in the way most likely TO de- good"
That under the laws OF the State Of Ohio, the
title to wit 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 oi
said town, now city of Canton; and said trustees
are also emitted to have and receive in trust fol
said poor, the avalls, rents, issues and profits Of
the same which have accrued since the death oi
said Thomas Hartford, and not used and applied
| as authorized by said will.
That on the 18th day Of June, 1854, said Widow
| Hartford by proper instrument in writing relin
pushed, surrendered and released, in favor oi
said poor ofthe town, now city Of Canton, and al
gift TO them, all her right TO the rents, issues
and profits of the aforesaid real estate in said
Stark county, being her life interest therein; by
means whereof the plaintiffs, as the trustees o.
said Canton township became and were lawfully
omitted 70 said rents issues and profits, In trus
for the poor Of said town, now city Of Canton.
That more than two years before the commence
1 q tI,fu Iar 81
this life but that although one clause ofthe will
Of said Thomas Hartford has also provided, thai
his executors should within two years after the
death of his said wife, sell all his real estate nc
steps Whatsoever have been taken 10 sell the rea
estate 70 situate in said county Of Stark that In
fact said clause In said will was suspended by tht
Aforesaid provision In said codicil.
!. That shortly after the death Of said Thoma,
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 profit
thereof, IN trust and to be applied as provided a
aforesaid. That, Afterwards on the LIST day OF Feb
ruary 1856, he was appointed by the Probate Cour
ofsad county Of Stark, administrator Of the estate
with the will annexed Of said Thomas Hartford
deceased as ancillary administrator of said estate
In the State'0f Ohio. That since he was in possess
iOn and had the control of said real estate he re-
ceivC large sums for the rents, Issues and prOits
thereof; that he felled, sold and otherwise appro
priated large quantity 0fvaluable timber on the
tract first described that he received of the Penn
sylvania and Ohio Railroad Company, for the
right Of way'Oyer said tract, large sum Of money
and that he still has in his hands large sums OF
money arising from said avails, rents, issues and
profits, for which he Is held TO account TO the
plaintiffs in trust for said poor.
That though Omen requested, he has neglected
to account TO the plaintiffs for the moneys so by
him received and In bis hands; and still wrong
fully retains said moneys saH
That the plaintiffs also often demanded Of him
the possession Of the aforesaid real estate in said
county Of stark, to which they were and are law
fully entitled yet he refused tO give up the pos
session Of the same, and still wrongfully detains
/ the possession from said plaintiffs.
Thatsald 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 i'Yf % HN
| The plaintiffs 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, 10 be
applied and used as directed in said will; that the
| plaintiffs may recover a judgment agaipst said
James A.. saxton for the possession Of said real
estate; that sail Saxt0n be all ordered to account
to them for the avalls 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
town, now city Of Canton, according to the in
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.
tition by the lst day Of January, 1876,
' 8, MEYER 4 SON,
Nov Ig i75-f 7 Z Afforuavc ffnr Piafntiffq