The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-10-24
4toal.
LeqaL Notice.

Aaron b. Smith and his wife Mary Smith, who re-
side AT Smith Center, Smith County, Kansas Lncll'
| da Kimmel and Daniel Klmme her husband susan
| nah Kamp and John Kamp her husband VINO reside
| at Hudson, DeKalb County, Indiana, Eliza drOgg
and Peter Grogg her husband VINO reside A. A16nrn l,
third day OF October, 1873 Mary Lelb ana Hiram
Leib did file IN The Court OF Common Pleas OF Slark
County, petition against Ephrntm smith Sarah
| smith, Hiram j. smith, Sarah Smith, Caroline O.
| Trump Harriet Wenger Benjamin Wenger, Kate
| Cobaugh, John CObaugh Aaron b. Smith, Mary
SMITH, Lucinda Kimmel Daniel Kimmel Susannah
| Kanp, John KAmp, Eliza GrOgg, Peter GrOgg ana
Rachel Smith, settling forth In substance that sald
parties except Rachel Smith, are the children and
| heirs Rt law Of Benjamin Smith late or stark Cqpn.
ty deceased that said Rachel Smith Is the widQW OF
| said BENJAMIN smith, deceased; that said Benjamin
smith died seized in fee simple Of certain real estate
| situate In said stark County, ONO, to-wlt; l. Part
Of the northeast quarter OF section nineteen ll9l
| township nineteen ne, range seven (7) lNimBhlenl,
| bounded as follows Beginning at the northwest
corner Of ten and half acre tract heretofore sold
Off said quarter to Henry Mathas thence south, no
| west chains TO post; thence north, 80 west nine
chains and II links 10 post ~ the nei thenCen0rth
800 east chains and 80 INKS 70 posi- lh the quar-,
links to the place Ofbegnning containing 6lOOths
acres, less being the tract OF land decided TO
| said BENJAMIN Smith by deed OF Ambrose EBsner and
wife April l. 1868 recorded In vol, l0, p 10, Records
| of said county, ., The south half OF the northeast
quarter Of section thirteen lS township eleven gil
range eight 6), being lands decided said Benjamin
smith by deed from Henry Clay and wife, August ~,
1892 recorded vol %, IN, Records OF said county.
g. Part of the southwest quarter dissection thirteen
Tor the same at the southwest corner OF said quarter
section; thence north perches, z INKS 10 post
south peTches and 20 links to post; thence north,
800 west, So pPrches and links 70 the place of he
ginning containing acres and l33 perches of land,
Being lands decided said BENJAMIN Smith by Chris.
tlan Warster and wife, May 10, 1874, recorded vol
81, p 75, Records Of said county
4. Part Of the southwest quarter of section
thirteen C3) township eleven QI range eight (s)
bounded as follows Beginning at post on the line
between said section and section twenty-lOur (2il
thence north chains and 20 links to post thence
east 10 chains ~ links 10 post thence south chains
20 nksto post on the aforesaid line between sections
13 and "a thence west said line 10 chains and 25
links to the place of beginning containing 57-O0
more less andbeng part Ofthe conveyed
to said Benjamin Smith by John ShenRbeTger and
others May q, 1890. Recorded IN vol. H p. 6G9
5. Part Of the north half and Of the southeast quar-
ter OF section "a township H. range g. bounded rs
follows beginning athe NV corner ofsaid section "a,
thence east on the section line between said section
and section 49, 50 chains IS links to the northeast
corner OF said section q thence south on the range
line between and s. 50 chains and 62 links to apOst
on said ne thence north ~ degrees west 90 chains
rs links to post thence 40 chains and l0linRs To
post on the section line between sections % and "a
thence north on said line 70 chains and links to the
place of beginning, excepting 626 acres bounded rs
Follows beginning at post standing In the center of
the east line of section "a running thence north AN
degrees west $40 perches to a. post ON the north
line of the road; thence north 54% degrees east |
I326.l0 perches 10 post on the north side of the
Lexington road thence south 1856 perchea 10 the |
place Of beginning, being lands decided said Benl |
Smith by said John ShanabPrger and others, May a. |
1870 recorded vol II, ,p 500 records Of said county
9. Part of the east half of section a. township H. |
range g. bounded as follows beginning south OF the
northeast corner of section "a 3 chains and 20 links
to post thence south So degrees 30 minutes west 80
chains to post; thence south ~ degrees east |
chains 70 links to post Mt the side OF the Lexington
road thence north IS degrees east 81 hains 80 links
to post thence north degree east chains and Is
links TO the place of beginning, containing 6S2-l0O
acres, being land decided to said Ben Smith by John
Rufner and wife Dec. 30, 1885, recorded vol II, S6
records Of Stark county ThaS said 6 widow entitled
entitled to the undivided tenth l0l 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: advancements .wlthIwhich
said children should be charged are a8 folOws
said Ephrlanl Smith the the 81 sum Of SlOiNG said Hiram
the sum OF 900, said Harriet Wenger the sum OF
q 900, said Kate Cobaugh the sum OF Sl,576 said
mel the sum Of a 200, said Susannah Kamp the sum
Of s525, said Eliza qrOgg the sum OF Hi25, said Mary
Le6 the sum Of E5O said chlldren should be charged
with said several sums and the same be taken In
count In determining their respective shares In the es-
late real and personal Of said BENJAMIN Smith, de.
,eased SAID Benjamin Smith, died, the owner Of
PERSONAL property, which after paying costs Of Rd-
and the debts Of decedent will not |
mount 10 more than goo, for distribution TO said
widow and heirs and In order to pquallEe said herg
the distribution of said estate resort must be had
o said lands and tenements,
lrSaid personal estate Will equAliZeBa parties Said
artes, plaintiffs and defendants are unable tOlagree
4 the partition and distribution Of said estate and
and and tenemenls and the determination Of their
aspectlve rights and interests therein, and require
ne decree OF the Court for that purpose. The prayer
said petition is that said defendants be duly served
18th process, and required to appear and answer In
lis cause that the Court mayake account between
lid several parties that the respective and In
rests ofsad heirs In said lands be determined that
nd parties hold their interests I'm seyeralty, and
st and fair division of said real estate may be made
tween said parties. said advanCements being taken
ito consideration, or II an equitable division Of said
al estate cannot be made without prejudice to the
i'd owt era Of said real estate that the same may be
I'D by the order and under the direction of the Curt
I'd the proceeds Of said real estate, Rfler the pay ~
ent of such costs and charges as the Cburt may -
rect, may be divided among said parties according u,
their several rights and interests as the same may ~
determined by the decree Of the Court and for u i
ch order and relief AS may be Just Said defendants ~
required 10 appear and answer said petition or
fore Saturday, December %, 1873 >,
LYNCH, DAY & LYNCH W
A AllnrnnNa for q nlH