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

Aaron b, Smith and his wife Mary Smith, who re
side at Smith Center, Smith County, Kansas Lucin
da Kimmel and Daniel Kimmel her husband, Susan
nah Kamp and John Kamp her husband. who reside
al Hudson, DeKalb County, Indiana Eliza Grogg
and Peter Grogg her husband who reside 1T Auburn
DeKab County, Indiana Will take notice that on tht
third day of October, 1873, Mary Leib and Hiram
Leb did file In the Court of Common Pleas, OF Stark
County, petition against Ephraim smith, sarah
Smith, Hiram j. Smith, Sarah Smith, Caroline g.
Trump Harriet Wenger, Benjamin Wenger, Kate
CObaugh John CObaugh, Aaron b. Smith, Mary
Smith, Lucinda Kimmel Daniel Kimmel Susannah
Kamp, John Kamp, Eliza GrOgg, Peter GrOgg and
Rachel Smith, setting forth In substance that said
parties, except Rachel Smith, are the children and
heirs at law of Benjamin Smith. late OF stark COun.
ty deceased that said Rachel Smith is The widow oil
said Benjamin Smith, deceased; that said Benjamin
Smith died seized in fee simple of certain real estate
situate in said stark County, Ohio, tO-wt: |, Part
Of the northeast quarter Of section nineteen [l8l
township nineteen (l9 range seven () Nimishillenl
bounded as follows Beginning at the northwest
corner of ten and half acre tract heretofore sold
oil said quarter to Henry Matthias thence SOUTH no
west, chains to post thence north, 70 west, nine
chains and II links to post IN llne tencenorth,
SOU east chains and % nEs 10 posi- h the guar o
ter line; thence ---, SS5ao east, cnanS ana 81
links to the place of beginning, containing 56lO0ths
acres more or less being the tract Of land decided TO
said Benjamin Smith by deed of Ambrose Essner and
wife April l. 1868, recorded in vol 0l p TO- Records
of said county g The south half of the northeast
quarter Of section thirteen 49, township eleven CD,
range eight (6) being lands decided said Benjamin
smith by deed from Henry Clay and wife, August %,
1872 recorded vol D. p IN, Records of said county.
3, Part Ofthe southwest quarter dissection thirteen
Q3 township eleven ID, range eight 1871, beginning
for the same at the southwest corner of said quarter
sectiOn thence north perches, links to q post;
thence east SO perChes and links TO q post thence
south perches and 20 links TO post thence north,
$50 west SO peTches and links TO the place of be-
ginning containing acres and 1913 percheS of land,
Being lands decided said Benjamin Smith by Chris
tan Wanter and wife, May 10, 1874, recorded vol 80,
p IS, Records Of said county
l. Part of the southwest quarter Of section
thirteen u3) township eleven QD range eight (S)
bounded as follows Beginning at post on the line
between said section and section tWenty-tUur "a,
thence north 2 chains and 20 links to post; thence
east is chains . links to post; thence south chains
70 links post on the aforesaid line between sections
l3 and 2 thence west said line l6 chains and -
links to the place of beginning containing J7-l00
acres more or less andbeng part
10 said BENJAMIN Smith by John ShenabergeT aud
others May q, 1890. Recorded in vol. II, p. 660
g. Part Of the north half and OF the southeast quar-
ter OF section a. township IL, range g. bounded as
follows beginning at the W corner section q,
thence east on the section line between said section
"a and section 49, S0chans 5 links to the northeast
corner of said section "a thence south on the range
line between and SO chains and 62a links to post
said lne thence north 4ia degrees west % chains
rs links to post thence W ~ chains and lOlinks to
post on the section line between sections % and "a
thence north on said line 20 chains and links TO the
place of beginning excepting ga acres, bounded
oiows beginning at post standing I'm the center of
the east line of section a. running thence north AZ
degrees west 1533l0 perches to post on the north
line of the road: thence north 54S4 degrees east
I326-lO perches 10 post on the north side Of the
Lexington road, thence south 1856 percbes to the
place of beginning, being lands decided said Benz.
Smith by said John Shanaberger and Others May q,
1872 recorded vol H. p. $50 records of said county.
G. Part Of the east half Of section p, township H.
range s, bounded as follows beginning south Of the
northeast corner of section a. l3 chains and 20 links
to a post; thence south 55 degrees 80 minutes west 80
chains To q post; thence south i41s degrees east 2
chains II links to post at the side Of the Lexington
road thence north S. degrees east 81 hains 36 links
to a post thence north degree east chains and 25
links to the place Of beginning, containing 6S2lOO
acres being land decided to said Benz Smith by John
Rufner and wife Dec 30, 1886 records vol r. D Sc
records Of Stark county That said widow Is entitled
to dover in said real estate. That said children are
entitled to the undivided tenth (ll0 ofsald premises
subject 10 said dover, and subject TO the advance
ments made said children by SAID Benjamin Smith In
MS life time That said advancements with which
said children should be charged with are as follows
said Ephriam Smith the sum OF ylOiOO, said Hiram
]. smith the sum OF $500 said Caroline Q. Trump
the ann OF $500 said Harriet Wenger the sum OF
Al 900 said Kate CObaugh the sum Of al,575 said
Aaron b. Smith the sum Of u, ,45, SAID Lucinda Kim"
mel the sum Of o. 200, said susannah kamp the sum
of S2j said Eliza GrOgg the sum OF 4f25, said Mary
Leib tie sum OF $50 said children should be charged
wifi said several sums and the same be taken in ac-
count IN determining their resPect5ye snares IN tne e.
ceased, SAID Benjamin Smith, decd, the owner OF
personal property, which AFTER paying costs OF ad
ministTatlon and the debts Of decedent will not
amount 10 more than 500 for distribution to said
widow and heirs. and in order to equalize said heirs
In the distribution Of said estate resort must be had
to said lands and tenements,
And an account will be necessary 10 determine how
far said personal estate Will equaZe said parties. said
parties plaintiffs and defendantsare unaole 70 sIee
In the partition and distribution OF sald estate ana
land and tenements and the determination oil thelr
respective rights and interests therein, and require
lie decree Of the Court for that purpOse The prayer
OF Sad petition is that said defendants be duly served
with process and required TO appear and answer In
thscause that the Court mayake an account between
said several parties that the respecveehares ana IN
tpress OF said heirs in said lands be determned mat
said parties hold their interests In seYeralty, ana
INST and fair division Of said real estate may be made
between said parties, said advancement5 Dshg YAK
into consideration or II equitable division Of said
real estate cannot be made without prejudice 70 the
said oyyers of said real estate that the same may be
sod Nv the order and under the direction the COurt
and tie proceeds OF said real estate, amer the pay
ment on such costs and charges as the Court may
direct may be divided among said parties according
fo tir seyeraI rights and interests as the same may
be deterlnined by the decree Of the Court and Tor
such order and relief as may be just said
are required 70 appear ana answer sAiu Pe'on On VI
'''O'0 LYlTCH, DAY q LYNCH,
Attorney for the PinA