The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-11-14
4tpaI.
Legal Notice.

Aaron B, Smith and his wife Mary Smith, who re-
side at smith Center, Smith County, Kansas, Lucln-
da Kimmel and Daniel Klmmel her husDanu, ousan-
nah Kamp and John Kamp her husband, VINO reside
at Hudson, DeKab County, Indiana Eliza Grogg
and Peter Grogg her husband, who reside az Au0urh
DeKalb County indiana viii take qoIee that 4 on se
Leib did file in the Court of Common Pleas OF Stark
County, petition against Ephraim smith, Sarah
Smith, Hiram j. Smith, Sarah smith, Caroline "
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 Grogs Iii ah9
Rachel Smith, setting forth in substance that SAID
parties except Rachel Smith, are the children ana
heirs AZ law of BENJAMIN Smith, late of Stark COun-
tv deceased that said Rachel Smith is the widow Of
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 ll9,
township nineteen Q9, range seven ~ NlmBhlllenl,
bounded as follows Beginning at the northwest
corner Of ten and half acre tract heretofore sold
Off said quarter to Henry Matthias; thence SOUTH lPo
west chains 70 post thence north, ~ west, nine
chains and II links TO posi- n the Ilne
ter line; thence ---, $3.50 east, chains and SO
links to the place ofbegnning, containing 6lO0ths
acres more or less being the tract OF land decided 10
said BENJAMIN Smith by deed of Ambrose Essner and
wife April 1868, recorded IN vol lOL p TO- hecords
of said county 3 The south half OF the norlheaSt
quarter of section thirteen 49, township eleven ),
range eight 0), being lands decided said BENJAMIN
smith by deed from Henry Clay and wife, August %,
1872 recorded vol S III, Records OF said county.
13 township eleven Ql( range eight 81, beginning
for the same at the southwest corner OF said quarter
thence east So perches and links to post thence
south perches and 20 links to post thence north,
$50 west SO perches and links TO the place or be
ginning Containing acres and 1873 perches of land,
Being lands decided said Benjamin Smith by Chris
tian Warstler and wife, May 10, 1874, recorded vol
32, p rs, Records of said county.
l. Part of the southwest quarter of section
thirteen Q3) township eleven Cl) range eight C6)
bounded as follows: Beginning at post on the line
thence north chains and 20 links to post thence
east 10 chains 25 links 10 post thence south chains
20 lnksto post on the aforesaid line between sections
l3 and 2l thence west on said line l6 chains and %
links to the place of beginning containing 57-lO0
acres less andbeing part ofthe lands conveyed
to said Benjamin Smith by John Shenaberger and
others May q, 1890 Recorded in vol. II, p, 6G9
g. Part Of the north half and Of the southeast quar-
ter Of section "a, township H. range s, bounded as
thence east the section line between said section
"A and section 49, 80 chains IS links to the northeast
line between and 5, SO chains and G2s links to post
said line thence north 4i9 degrees west SO chains
rs links to post thence w 40 chains and l0llnks to-
post on the section line between sections % and q
thence north said line 20 chains and links to the
place of beginning, excepting 62iS acres bounded as
follows beginning at post standing In the centerof
the east line of section ~ running thence north "a
degrees west l53 3lO percheS TO post en- the north
line Of the road: thence north 54% degrees east,
IS26 perches TO a post on the da north side OF m he
place Of beginning, being lands decided said Benz.
Smith by said John Shanaberger and others, May q,
1890 recorded vol H. p. 669 records of said county.
g. Part of the east half Of section "a, township H.
range s. bounded as follows beginning south of the
northeast corner of section a. 10 chains and 20 links
post thence south 55 degrees 30 minutes west 30
chains TO post thence south Az degrees east 2
chains u links to post at the side Of the Lexington
road thence north 81 degrees east 81 hains 30 links
% post thence north degree east, chains and %
inks to the place Of beginning containing 882-l00
lcres being land decided to said Benz Smith by John
Runer and wife Dec. 30, 1886, recorded vol r. SO
ecOrds Of Stark county That said widow is entitled
o dover in said real estate. That said children are
untitled to the undivided tenth -l0l of said premises
ubject to said dover, and subject to the advance
nens made said children by sad Benjamin Smithin |
lis life time. That saids adyancements with which |
aid children should be charged are as follows |
aid Ephriam Smith the sum of Sl0400, said Hiram |
. Smith the sum of S6S3.00 said Caroline G. Trump
he sum of $500, said Harriet Wenger the sum of |
!, 900, said Kate Cobaugh the sum of Sl575, said |
aaron b. Smith the sum Of 81 ,i3S, said Lucinda KIM
mel the sum of Sl,20O, said Susannah Kamp the sum
f Sj25, said Eliza Grogg the sum of si25 said Mary
Ieb the sum of $3.50 said children should be charged |
With said several sums and the be taken in ac
cunt 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
ersOnal property, which after paying costs of ad-
and the debts of decedent will not |
mount to more than s2O9 for distribution to said
yidow and heirs and In order to equaze said heirs
the distribution Of said estate resort must be had
said lands and tenements,
And an account will be necessary TO determine how
VI said personal estate will equalizesa said parties Said
arties, plaintiffs and defendants unable tolagree
Jne purullOn anu OF bAlQ eSJale ana
md and tenements and the determination of their
,speCtive rights and interests therein, and require
le decree Of the Court for that purpose. The prayer
said petition is that said defendants be duly served
ith process, and required TO appear and answer in
lis cause that the Court maytake an account between
I'D several parties that the respectyeshares and in
rests Of said heirs In said lands be determined that
Id parties hold their interests in seyeralty, and
st and fair division of said real estate may be made
tween said parties, said advancements being taken
to consideration, or If an equitable division Of said
oil estate cannot be made without prejudice to the
i'd owl of said real estate that the same may be
Id by the order and under the direction Of the Court
d the proceeds Of said real estate, after the pay |
ent Of such costs and charges as the Court may
-ect, 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
IN order and relief may be Just Said defendants
required TO appear and answer said petition on or
ore Saturday December 2s, 1873.
LYNCH, DAY q LYNCH,
Attorneys for the Plffs.