The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-12-16
Y1EG4II.T
Legal Notice.
Court Of Common Pleas of Stark county, Ohio.
The Trustees of e Canton tOwnshlpl Civil action
James A, saxton ct al Notice

| N'''' NohhOn rleas OF STARK county, ONO.
The Trustees of Canton township Civil Action
James A, saxtOn ct al, Notice.
The defendant, James A. saxton, administrato,
OF tne estate, with the will annexed. of Thoma,
HARTFORD, deceased, also In his individual capaci-
w sne unknown heirs of said Thomas Hartford
nnu pniaV, tne Urphans Asylum Of Allegheny county
rennsy lvanll are hereby notified that the plain.
tlns trustees Of Canton township, Stark county
aforesaid on the 23d day OF October 1878 filed n
petitlon ~ the Court of Common Pleas of said
youiiy OF STARK setting iorth, among other things
that sometime In the month of September, 1871
said Thomas Hartford died in the city of PITTS.
DuTgh, Allegheny county, Pennsylvania; leaving
no issue but leaving one Abigail Hartford, who
Is since deceased, as his widow. That at the time
=, mn, ms ueaLh sad Thomas Hartford was and for
many years heretofore had been owner in fee
OF the following described real estate situ-
ave III the county OF Stark Ohio to wit.
=, L. a tract containing one hundred and thirty
siA anu lO-lOO acres, more or less being part of
vi re norm east quarter dissection ten township ten
range eght which was conveyed to him bv one
JOhn sloane by deed bearing date on the All dav
OF November, 1919 recorded in book "D y naoas
303 ana 3Oi of the records in the RECORDERS Office
OF said county Of Stark. 0N'e'
2. Town lots number sixty.three ona bundro5
and seventy. eight, one hundred seventy. nine and
one hundred and eighty, in the town, now city Of
town and P'''' VI '"iu
NS 3; town lot in the town Of Bethlehem now
NasaIle III sald stark county, which is known
ana designated on the original plat Of said town
Ol bethtehem as the stone quarry lOtU - W''-
mat Dy hlsla VIII and testament said Thom.
IoI " hSptISra 10 wllied and provided that during the
and lease all the aforesaid real estate tnsetSnr
WIN WIN az ms real estate In Pennsylvania 10 the
pest advantages and out of the rents issues and
9rohs q the ss same pay his said widow annually,
Gsring Nv FL, ner ne the sum Of five hundred dollars
IN quarterly or half yearly payments: and thai
the residue of said rents issues and nrotS tha
should apply after first deducting NECESSARY ex.
penses ana compensation for services by uniting
unSsame on interest, to be used for improving sai3
Leal es.ate, either oy building thereon or by re.
afterwards put thereon. e's0N VI
=, Inat, Dy codi IL to his aaid will. said Tbomos
hartford Willed and devised all his aforesaid real
estate IN Sald county of Stark and all the ISSUES
the town of fsFT,mg ont OF the .ame to the poor Of
Of canton aforesaid, to be applied, used and en-.
Joyed IN the way most likely to do good y va
.,. mat, under the laws of the State of Ohio the
ute t3Wt: said real estate by virtue ofthe afore
said devise Is vested in the Trustees of said ~
ton township plaintiffs in trust for the iu noor "
sald town, now city of Canton; and said Trustees
are also entitled to have and receive i'm trnst for
sald poor the avalls, rents, issues and profits of
sne same Which have accrued since the death of
Mil lad
as authorized by said will. "Hp'4'N
r, lnat on the 18th day of June, 1854 said Widow
hartford by a proper instrument in writing relin
qulsheu, surrendered and relea. ed in 2ayor of
SaIu poor olthe town, now city of Canton and as
gift to them, all her right to the rents issnes %
and profits of the aforesaid real estate in said
stark county, being her life interest therein nv
means whereof the plaintiffs, as the trustees of
sald Canton township became and were lawfully
the moor sSS itS issues and profits in trust
That more than two years before the commence
meht mem OF thls SUIT said Widow Hartford departed
this NE but that although one clause ofthe viii
Of said Thomas Hartford has also provided, that
ms W executors W 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
lact sad clause in said will was superseded bv the
aforesaid provision in said Codicil,
lhaI Sh0ruy after the death of said Tbon,os
hartlOTd, sald James A. SaXton took the noSspss
ion and control of said real estate in said StSrI,
county. and received the rents, issues and profits
thereof in trust and to be applied as provided as
aforesaid Ihat, afterwards ON the LIST day of Feb.
I9aIy looO, ne was appointed by the Probate Court
OF said county of Stark, ,adminstratorof the estate
with the will annexed of said Thomas Hartford
deceased as ancillary administrator of said estate
IN theState Of Ohio. That since he was In nosspss
ion and had the control of said real estate he re-
Gelye taIge sums ior he rents, issues and profits
prlated large quantity of valuable timber on the
tract hrSt described; that he received of the Penn
sylvania and Ohio Railroad Company, for the
rlgnt ol way over said tract, large sum Of money:
ana tnaI ne sui has In his hands large sums Of
money arising from said avais, rents, issues and
prohts, ior which he Is held to account Lo rho
plaintiffs In trust for said Door w 'A0
Ihat though often requested, he has neplactad
70 account TO the plaintiffs for the MONEYS SO by
niv ieceyeu aha IN his hands, and still wrong
A. 1nat Ihe plaintiffs also often demanded ofhim
the possession OF the aforesaid real estate in said
county OF Stark, to which they were and are law.
auiIy enutled; yet he refused to give up the pos
Ssssloll vi tle same ana still wrOngfuly detains
the possession from said plaintiffs
IhatSald Orphans Asylum of Allegheny CONN
W. fennsylVanla, Wrongfully claim to hold some
nteresI III the aforesaid real estate in said county
OF Oh stark, as do also the unknown heirs of said
Ihomas Hartford, deceased.
The plaintiffs pray that the Court NAV adiudge
the aforesaid devise and bequeSt ITO the poor of
the town of Canton" to be good and valid in law
ana 70 vest said property In the plaintiffs in trust
lor tne poor OF the townsnOw city of Canton to be
aPPiieda ana USED as directed in said WILL that the
plalntlils may recover d Judgment against said
James A. SaXton for the possession Of said real
estate; that said SaXtOn be also ordered to account
10 them for the avails rents issues and profits Of
sSid @ Gea estate @ and to pay over to them the mon
eys SO IN MS handS, with interest. That said Or
phans Asylum of Allegheny county, Pennsylya-
MA, ana 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.
troi sell or dispose of said real estate and apply
OF lnvestt 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
and proper. 'NN-ON'
Said defendants are required to answer said De-