The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-10-17
4tSaI.
LeQQL Notice.

Aaron n. Smith and his wife Mary Smith, who re-
side At Smith Center, Smllh County hns,' Smsa iuS,,
nah Kamp and John Kamp her husband VINO Ieslue
al Hudson, DeKalb County Indiana, Ellza urogg
nnRsih ronntS Indiana will take notice that on the
third day OF October, 1878, Mary lel0 ana hihm
Leib did file In the Court OF Common riea5, VI ah snh
County, a petition against Ephram Smllh, i SaIan
Smith Hiram j. Smith, Sarah Smltn, Caroline ~
Trump Harriet Wenger, Benjamin WenHer' hhte
CNobauah John CObaugh, Aaron Is, bmllh, mary
smith Incinda Kimmel Daniel Kimmel Susannah
Kamp John Kamp, Eliza GrOgg,, fettr 1toks ig aiig
Rachel smith, settling forth In substance lnat sag
parties except Rachel Smith, are the chldIen anu
heirs at law OF BENJAMIN Smith. late or STARK C0un.
ty deceased that said Rachel smth ~ the widow ~
said Benjamin Smith deceased lnat saiu benan a,a.a
situate In said Stark County, Ohio, to.Wlt l. PaTt
OF the northeast quarter of section nineteen ~
bo%nSp9 CwnSsP as ioows Beginning at the northwest
corner OF ten and hall acre tract neIeIoOIe s9S
of said quarter to Henry Matthias thence south, ~
west chains 10 post thence n0TLh, 10 west, nine
chains and IL links TO post In the line; thence north
800 east chains and 30 links 10 posi- IN the q1L do
ter line thence SS1o eust u uE bS 9s
acres more or less being the tract Of land deeded 70
said benjamin Smith by deed OF Ambrose hssner hho
wife April l. 1885, recorded ~ r. ~ ndySenss
quarter of section thirteen lS township eleven li
range eight (S) being lands decided SAID BenlamIin
Isi2 reC9rded vol 8 D III, Records of said county
g. Part of the southwest quarter 0 secLloh thIteeh
(3 township eleven Ql(, range elght ~, 9eg,nnig
T the same at the southwest corner OF SAID quarter
section; thence north peTches INKS 10 u POST
thence east 53 perches and links 10 post lhenCe
south perches and 20 LINKS 70 post tnehoe %
500 west SO peTches and links 70 the place OF De
ginning Containing acres and l33 perches OF ianu
Being lands decided said BENJAMIN smith lby chris
tan WRrstler and wife, May TO- 1874, recorded Vol
g. p u.s. Records of said county.
thirteen f(3) township eleven Ql) range eight (6)
bounded as follows Beginning at post on the line
between said section and section wenty-iOur t2i
thence north chains and 20 links TO post thence
east 10 chains 2j links 10 post thence south chains
20 inkst post on the aforesaid line between sections
10 and "a thence west said line 10 chains and 6
links to the place Of beginning, containing 67-lO0
acres more or less andbeng part Ofthe lands conveyed
TO said BENJAMIN Smith by John Shenaberger and
others May 27, 1880. Recorded In vol. IL, p GEO..
g. Part OF the north half and of the southeast quar-
follows; beginning at the NV corner ofsad section a.
thence east the section line between said section
"a and section 49, SO chains % links 70 the northeast
corner of said section "a thence south on the range
line between and s, SO chains and 62S links to post
on said line thence north fiH degrees west 66 chains
rs links TO post thence w 40 chains and lOnks TOT
post ON the section line between sections % and a;
thence north said line 90 chains and links TO the
place of beginning, excepting 624 acres, bounded as
follOws beginning at post standing IN the centero
the east line OF section "a, running thence north ~
degrees west 1853 3l0 perChes to post on the north
line Of the road: thence north ON degrees east,
1850 perches TO a post on the north side Of the
Lexington road thence south 1856 perches TO the
place Of beginning, being lands decided said Benz.
n,
1890 recorded vol II, p 669 records Of said county
g. Part Of the east half Of section "a, township II,
range s. bounded as follows beginning south Of the
northeast corner Of section "a 10 chains and 20 links
to post; thence south IS degrees 30 minutes west 30
chains TO a post; thence south ~ degrees east
chains y links TO post a. the sue 81 the S
to post thence north degree east chains and 2
links to the place of beginning, containing bs2l0O
acres being land decided to said Benz. smith by John
Hufnpr and wife Dec 20, 1896 recorded vol II, y ~
records of stark county. That said widow Is entitled
to dover In said real estate That said children are
entitled TO the undivided tenth (l0 Ofsaid premises
subject to said dover and subject to the advance
ments made said children by SAID Benjamin Smith In
his life time. That said, Rdvancements withiwhch
,ad children should be charged are as follows:
iaid Ephriam Smith the sum OF tl0iOO, said Hiram
]. Smith the sum OF S5s3QO said Caroline o. Trump
he sum of $500, said Harriet Wenger the sum of |
Il 0OO said Kate CObaugh the sum Of S,575 said |
Aaron b. Smith the sum OF fl, ,i8, said Lucinda KIM
mel the sum Of sl2 200, said Susannah kamp the sum
# e525 said Eliza GrOgg the sum OF si2l, said Mary
eIb the sum of $3.50 said children should be charged
With said several sums and the same be taken in ac
ount In determining their respective shares In the es
ate real and personal of said Benjamin Smith, de- |
eased Said Benjamin Smith, died, the owner OF /
PERSONAL property, which after paying costs Of ad,
and the debts of deCedent Will not |
mount TO more than 500 for distribution 70 said |
widow and heirs and In order to equaze said heirs
the distribution OF said estate resort must be had
0 said lands and tenements,
And an account will be necessary to determine how
said personal estRe will equalizesaid parties Said
artes plaintiffs and defendants are unable tuigree
the partition and distribution Of said estate and
md and tenements and the determination Of their
aspeCtve rights and interests therein and require
nc decree ofthe Court for that purpose. The prayer
said petition Is that said defendants be duly served
ith process and required TO appear aud answer In
IFS cause that the Court mayake account between
lid several parties that the respecveshares and in
rests OF said heirs In said lands be determined that
I'D parties hold their interests In seYeralty and
st and fair division Of said real estate may be made
,tweeu said parties said advancements being taken
to consideration, or II an equitable division OF said
al estate cannot be made without prejudice to the
i'd owners of said real estate that the same may be
Id by the order and under the direction OF the COurt
I'd the proceeds of said real estate aiter the pay
ent of such costs and charges as the Court may
rect may be divided among said parties according
their several rights and interests as the same may
determined by the decree of the Court, and for
ch order and relief as may be just Said defendants
required to appear and answer said petition on or
fore Saturday, December %, 1873.
LYNCH, DAY q LYNCH,
Attorneys for the PltlB.