The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-12-23
Legal Notice.
Court OF Common Pleas OF stark county, Ohio.
The Trustees of e Canton township) Civil Action,
James A. sAxton ct al Notice.

|
The defendant, James A, saxton, administrator
OF the estate, with the will annexed, of Thomas
Hartford, deceased, also In his individual capaci
", me unknown heir OF said Thomas Hartford,
and the Orphans Asylum Of Allegheny county,
Pennsylvanil, are hereby notified that the plain
TINS, Trustees of Canton 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 forth, among other things,
that sometime In the month Of September, 1851,
sald Ihomas Hartford died In the city Of Pitts
Durgh, Allegheny county, Pennsylvania; leaving
no issue, but leaving one Abigail Hartford, who
issince deceased, as his widow. That at the time
oil his death said Thomas Hartford was, and for
| many years 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
slx ana lb-lOO acres more or less, being part of
the north east quarter dissection ten township ten
range eight, which was conveyed 10 him by one
John Sloane by deed bearing date on the 4th day
OF November, 1873, recorded In book "D," pages
of said county of Stark.
2. Town lots number slxty.three, one hundred
| and seventy. eight, one hundred seVenty.nne 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
| VI DctllltubIn w the 'btOne quarry lot"
That, by hisla will and testament said Thom-
as Hartford willed and provided that during the
liitlme 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
| In quarterly or half yearly payments; and that
the residue OF said rents, issues and profits they
| should apply after first deduoting necessary ex-
m nqof fin0,
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.
That, by C0di II 10 his aaid will said Thomas
Hartford willed and devised all his aforesaid real
estate In said county of Stark, aud all the issues
and avais arising out Of the tame 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"
| That, under the laws of the State of Ohio. the
ute TO wit said real estate by virtue ofthe aore-
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
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
That on the 18th day Of June, 1854, said Widow
Hartford by a proper instrument in writing, relln
| pushed, surrendered and relea ed, in favor of
SAID poor OF The town, now city of Canton and as
git 70 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 Of
said Canton township became and were lawfully
entitled 10 said rents, issues and profits In trust
toTthe poor efsaid town, now city of Canton.
That more than two years before the commence
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 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 clausei In said will was superseded by the
aforesaid provision in said Codicil.
| That shortly after the death of said Thomas
hartloId, salu 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 az 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 the estate
with the will annexed of said Thomas Hartford
deceased, as ancilary administrator of said estate
the state Of Ohio. That since he was I'm possess
ION ana had the control of said real estate he re-
celvt large sums for the rents issues and profits
thereof; thath feled, sold and otherwise appro.
priated large quantity ofvaluable timber on the
tract first described that he received of the Penn
sylvania and Ohio Railroad Company, for the
right Of way over said tract large sum Of money:
ana Lnat ne sui has in his hands large sums OF
money arising from said avails rents, issues and
profits, for which he is held TO account 10 the
plaintiffs In trust for said DOOR
| That though often requested, he has neglected
TO account TO the plaintiffs for the moneys SO BY
MIN received and In his hands; and still wrong
fully retains said moneys. O0~. 80
| 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 ~ give up the pos
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. .'.l
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 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 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, tC
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 judicioui
| and proper.
Said defendants are required to answer said pc
tition by the lst day Of January, 1876.
s. MEYER & SON,
Nov Ia, 75-L Attorneys for Plaintifs.