The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-10-31
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LeuGL Notice.

Aaron h, Smith and his wife Mary Smith, who re-
aide ut Smith Center, Smith county hhnhls i.uvln
da Knmel and Daniel klnme hsr nuap',S VIM resIde
at Hudson, DpKalb County, Indiana, hllhi nIusB
and Peter GrOgg her husbmd WHO reside ~ huDuIn, ,,
DeKAlb County, Indiana, VIII hke notce lhhl W lne
third day OF October 1873, Mary Lel9 ana Hiram
Leb did file In The Court OF Common flphh oI ohk
County petition against Ephrai ANN sn.p naIone
Trump. Harriet Wenger Benjamin Wellser, hhte
COhnugh, John CObaugh Aaron B. Smltn, MARY
KanIp, John KRmp, Eliza GrOgg feltr drOgg hli9
Rachel Smith, setting forth In substance uut sald
parties except Rachel smith, are ,he Vnulep n rnnn S
~, dpcea ed, that SAID Rachel Snlltn " e WluuM W
said Benjamin Smith dpceasedi lhht Nhlu brhlhl,n l,
Smith died seized IN fee simple OF certain rea eHIhte
situate In said stark County Ohio, tO'wlt; !, Part
OF the northeast quarter OF section nl4elteI ldvI
township nineteen l0 range seven l M
corner OF ten and half acre tract heretofore s9la
OIL said quarter to Henry Matthias thence hOuth Ia
west chains N post; thence north ~ west, nlne
chains and IL links TO post In the llne thencenorth
800 east, chains aud 80 links TO posi- w the aaa 20
MI iins ~ M" pISce cCbegnHtng containing 6OOths
acres more or lpsG being the tract OF lana deeuenl9
said BENJAMIN Smith by deed OF Ambrose tsSner ana
of said county, 3, The south half Of the northeast
quarter Of section thirteen l3l Ownshlp eleven lltL
range eight ~ belnE lands decided @ s SIu bg2s hswmst m
1872, recorded vol 8 y w RECORDS OF sau County,
g. Part Of the southwest quarter QtsecIlOn thirteen
Va
EnT he same nj lie southwest corner Of said quarter
section; thence north percheS, INKS 10 q post;
thence east SO perches and links 70 pnsp ulenSe
south pprches aud 20 links to post thence n0rlh'
800 west SO perches and links 10 the place o. Os'
ginning, containing 2acres and l8S Perches OF iahd,
being lands decided said Benjamin smith ny Chrs.
tian Warsller and wife, May TO- 1874, recorded Vol
49, p rs, RecOIds Of said county, -..,...
4. Part OF the Southwest quarter or seouon On
thirteen Q3) township eleven Nl) range eight (S)
bounded ny follows Beginning at post on lhe lIne
between said section and section twenty.iOur w,
thence north chains and 20 links to post thence
east l6 chains 2j links 10 post thence south clhns
20 nkstoa post on the aforesaid line between seC0ns
IL aud "a thence west ON SAID lne 10 chains ana 20
links 10 the place Of beginning, containing bI-lO9
acres more or less andheng part Oihe lands conveyed
10 said Benjamin Smith by John shenaberger ana
others May q, 1880. Recorded ~ vol IL, p 6S,
s. Part OF the north half and OF the southeast quar-
ter OF seOtOn24 township II, range D. bounded ~
follows beginning AT The NV corner Olsad section ~
thence east on the seCllun line hpiween said section
"a and section 49, chains IS links TO the northeast
corner of said section "a thence south on ihe range
line between and g. 5A chains ahd 626 INKS 70 post
on said line; thence north 44!2 degrees west b6 CHAINS
rs links to post thence w 40 chains ami lOllnRs tOh
POSI- on the section line between sections ~ ana ~
thence north On said line 20 chains ana links 70 the
place of beginning, excepting 62b acres bounded a9
follows: beginning At post standing III the cenerol
the east line OF section "a running thence north ~
degrees west 1853 3l0 pprcles TO post on the north
line OF the roud thence north 64A degrees east,
lS28lO perches TO post ON the mOrlh slde OF the
Lexington road, thence south 1856 peTchtS 10 the
place of beginning, being lands decided said Benz.
SmiIh by said John ShanAbpTBer aud others, May ~
recorded vol, ii, u. ObD RECORDS OF Shlu county,
a Part az 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 ~ Inks
10 post thence south 65 degrees 30 minutes west 50
chains 10 Il post; thence south AZ degrees east
chains " links to post 1T the side OF the Lexington
road thence north % degrees east 81 nhs 80 ISs S
links to the place of beginning, containing 6&IlW
acres being land decided to said Benj smith by John
Rufner and wife Dec. 30, 1885, recorded vol r, p8
records of Stark county. That said widow s entitled
to dover In said real estate That said children are
eottled to the undivided tenth l-lOl OF SAID premises
subject to said dover, and subject to the advance
meIts made said children by SAID BenJamin smith IN
his life time, That said: advancements with'whlch
said children should be charged are as follows:
said Ephrlam Smith the sum OF $1,000, said Hiram
j. Smith the sum OF HiS3.0O said Caroline g, Trump
the sum OF $500, said Harriet Wenger the sum Of
II 900, said Kate CObaugh the sum Of el,576, said
Aaron b. Smith the sum Of 9l,fB, said LUCINDA KIM
mel the sum Of u 200 said Snsannah Kamp the sum
of e525 said Eliza Grogg the sum OF ei25, said Mary
Leb the sum of $3.50 said children should be charged
with said several sums and the same be taken IN &C
count In determining their Respective ShareS IN the eS-
tate real and personal of said Benjamin Smith, de-
ceased SAID BENJAMIN Smith, died, the owner OF
personal property, which amer paying costs OF ad-
minlslrallon and the debts of decedent will not
amount To more than t2O0 for distribution to said
widow and heirs and In order to eqnhEe said helrs
in the distribution Of said estate resort must be had
And an account viii be necessary to determine how
farsaid personal estate will equaZesald parties SAID
parties, plaintiffs and defendants are Unable tohgree
In the partition and distribution OF said estate ana
land and tenements and the determination OF thelr
respective rights and Interests therein, and require
the decree Olthe Court for that purpose The prayer
OF said petition II that said defendants he duly served
with process, and required ~ appear ana answer IN
this scause that he Court mayNke an account between
said several parties that the and In
tePesls of said heirs in said lands be determined at
said parties hold their interests In seYeraliy and
Just and fair division Of said real estate may bemade
between said parties said adyanCemenls being lakrn
into consideration, or II al equitable ulVSoh OF shu
real estate cannot be made without prejudice to the
said Ow ers of said real estate that the same may be
sold by the order and under the direction OF the Cburt
and the proceeds Of said real estate, after the pay
ment Of such costs and charges az the Court may
direct. may be divided among said parties according
TO their several rights and interests the same may
be determined by the decree Of the Court and for
such order and relief MS may be just Said defendants
are required appear and answer said petition on or
before Saturday December 2S. 1873
LYNCH. DAY d LYNCH
Attorneys for the Plffs