The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-12-02
DTI IEPAL.f +
--I-r-t-t-t-t
Legal Notice.
Court of Common Pleas of Stark county, Ohio.
The Trustees of &c Canton township Civil Action
James A. saxton ct al. .J Notice.

The Trustees of Canton township Civil Action
James A. saxton ct al IJ Notice.
The defendant, James A. saxton, administrator
Of the estate, with the will annexed, of Thomas
Hartford deceased, also in his Individual capaci-
ty, the unknown heirs of said Thomas Hartford
ana the Orphans Asylum Of Allegheny county
pennsy lyanil are hereby notified that the plain.
tiIs, trustees or Canton township, Stark county
aforesaid on the 23d day OF October 1875 filed n
petition In the Court Of Common Pleas of said
county Of STARK, setting forth among other things
that sometime in the month of September, 1851
sald ihomas Hartford died In the city of Pitts.
Durgn, Ailegheny county, Pennsylvania; leaving
no issue, but leaving one Abigail Hartford, who
is since deceased, as his widow. That at the time
OF his death said Thomas Hartford was and for
many years heretofore had been owner In fee
simple Of lhe following descrped real estate situ.
aleln the county of Stark ohio, to wit;
l. tract containing one hundred and thirty.
SIX 81 ana 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
Jonn sloane by deed bearing date on the 4th day
0I 0d, november 1919, recorded In book "D" pages
SO3 and 3O4 of the records in the Recorders office
OF said county of Stark.
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
g. town lot in the town of Bethlehem. now
Navarro, In said Stark county, which is known
ana ueslgnated on the original plat of said town
Oh R RBeIhtehem as the Stone quarry lot"
90 ihut uu Dy ms last VIII and testament said Thorn
as hartford willed and, provided that during The
liitime of said widow, his executors should rent
and lease all the aforesaid real estate together
win all ms real estate in Pennsylvania TO the
pest advantage; and out Of the rents issues and
profits of the same pay his said widow annuaiiv
nj Hva h,,,.
N quarterly or half yearly payments. and thai
the residue of said rents issues and nroAts they
should apply after first deductng necessary ex
peIses ana compensation for services, by putting
the same on interest to be used for improving said
real estate, either by building thereon or Rv re-.
pairing the buildings then already thereon or
afterwards put thereon, VI
- That BY 4 codi il to his aaid WIN. said Thomas
Hartford willed and devised all his aforesaid real
estate In said county of Stark and nil the issneS
and ayails arising out of the same TO the moor of
the town OF Canton being the town, now city
OF canton aforesaid, to be applied used and en-
Joyed I'm the way most likely To do good. "
nat under the laws of The State of Ohio the
ule 70 VIII 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
SAID town, now city of Canton; and said trustees
are also emitted to have and receive in trust for
salu poor the aValls rents, issues and profits of
the same which have accrued since the death of
said Thomas Hartford and not used and apnlied
as authorized by said will 'FP'-00
nat on the 18th day of June, 1854 said Widow
Hartford by q proper instrument in writing. relin
qulsheu surrendered and relea, ed, in favor of
salu poor otthe town, now city of Canton and as
a GIT TO them, all her right to the rents issues
ana pr0hts of the aforesaid real estate I'm said
stark county, being her life interest therein by
means whereof the plaintiffs, as the trustees of
sald canton township became and were lawfully
entltled 10 said rents issues and profits I'm trIlst
forthe poor of said town, now city of Canton
ThatmOre than two years before the commence
ment OF TINS suit, said Widow Hartford departed
this liiei but that although one clause ofthe will
oi saiu lhonaS Hartford has also provided that
his executors should within two years after the
death OF his 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 Ihat afterwards, on the LIST day of Feb
ruary 1856, he was appointed by the Probate Court
ofsaid county of Stark, adminstratorof the estate
with the will annexed of said Thomas Hartford
deceased, as ancillary administrator of said estate
In the state of Ohio That since he was in possess.
ION and had the control of said real estate he re-
Cevcd large sums for the rents, issues and profits
thereof that he felled, sold and otherwise appro.
prated large quantity of valuable timber on the
tract first described that he received of the Penn
sylyania and Ohio Railroad Company, for the
rlgnt0t way over said tract, large sum ofmoney;
and that he still has in his hands large sums of
money arising from said avais, rents, issues and
profits, for which he is held to account to the
plaintiffs in trust for said poor
That though often requested, he has neglected
to account to the plaintiffs for the MONEYS so bv
him received and in his hands; and still wrong
fully retains said moneys
That the plaintiffs also often demanded of him
the possession of the aforesaid real estate I'm said
county Of stark, to which they were and are law.
fully entitled; yet he refused To give IN the nos
session of the same, and still wrongfully detains
the possession from said plaintiffs
That SAID 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.
The plaintiffs pray that the Court may adjudge
the aforesaid devise and bequeSt TO the poor of
the town of Canton" to be good and valid in law,
ana 70 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 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 avals, 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
ttion by the list day of January, 1876
q NEVER 4, gON