The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-11-07
LeqaL Notice.

Aaron b, Smith and his wife Mary Smith, who re-
side At Smith Center, Smith County hhlsp,' L@uuin- @
da Klmmel and Daniel klmme her hus3anH , 1usah, I
nah Kainp and John Kamp her hnsOan1 VINO reslle
at Hudson, DeKab County, Indiana A AhliLa iss Hiiuss
and Peter GrOgg her husband who reside ~ AuDuIn, ~
peKal6 Gounty 9asnS is S MsSy Ss % heS and Hiram
Ieib did file In the Court OF Common fleas OF 9lAIk
County, petition against Ephrs sntn ~ roiIna ~
iTrump Harriet Wenger, Benjamin Wenger, Kate
Cobaugh, John Cobaugh, Aaron b, smith. mary
Smith, LUCINDA Kimmel Daniel kmel nIa sns, Ssand nnd
Rachel Smith, setting forth In substance tnaI bald
parties except Rachel Smith, are the cMldren ana
heirs at law Of Benjamin Smith, late OF STARK COull,
ty deCeas ed that said Rachel Smith Is the WIDOW OF
said Benjamin Smith, deceased; that SAID Benlamin
Smith died seized in fee simple o. certain rea, es5ae
OF the northeast quarter of section nineteen l9l,
township nineteen u9, range seven ~ NlmBhilienl
bounded as follows Begnnlng Nv wy MIA
off said quarter to Henry Matthias; thence south
west, chains 20 post; thence north 81 west, nhe
chains and II links to post In thel llne thence hOrl'
9Ob east chains and 50 links TO post IN the quar-
ter line; thence ---, $50 east, chhlns hnu oJ
links to the place ofbegnnng containing y q iVCtns
acres more or less being the tract OF land ueeded 70
said BENJAMIN Smith by deed Of Ambrose tssner ana
wife April L. 1868, recorded IN vol, lOl p TO- RECORDS
of said county, 2, The south half Of lhe nOrlnehsI
quarter of section thirteen 49, township eleven uil,
range eight (8), being lands decided sald Belgauin
smith by deed from Henry Clay ana wsie, AuguSI ~
g. Part of the southwest quarter dissection thirteen
Q3 township eleven (lD, range eight lSl, beginning
for the same at the southwest corner OF SAID Quarter
sectlOn thence north perches, links TO post
thence east SO perches and links 70 post thence
south perches and 20 links TO post thence morrill,
500 west SO perches and links TO the place OF be
ginning containing 2acres and 1873 perches OF land
Being lands decided SAID Be1lamln Smilh by CHRIS;
tan Marstler and wlie, MAY H. 1914 reoorueu Wi
l. Part of the southwest quarter OF section
thirteen (l3) township eleven uD range eght ~
bounded as follows: Beginning at q post on the line
between said section and section tWenty-f0ur (24),
thence north chains and 20 links TO post thenCe
east 10 chains . links 10 post thence soutn c,s
10 and "a thence west on said line 10 chains ana ~
links to the place Of beginning, containing 57.lO0
acres more or less andbeng part conveyed
TO said BENJAMIN Sulith by John Shenaberger and
others May q, 1880. Recorded In vol II, P GOV,
g. Part Of the north half and of the southeast quar-
ter OF section "a township II, range 3, bounded as
follows: beginning at the NV corner Ofsaid section "a,
thence east on the section line between said section
"a and section 49, chains 3j links TO the northeast
corner of said section "a; thence south on the range
line between and s, 50 chains and 62's links 70 post
Onsaid ne thence north ~ degrees west 56 chains
rs links TO a post thence w 40 chains and 0nks 10
post ON the section line between sections % and "a;
thence north said line 20 chains and links 20 me
place Of beginning excepting We atres pOunueu ny
follows beginning at post standing IN the centerOl
the east line of section a. running thence north 4la
degrees west 1910 perches to post on the north
line of the road thence north 6lA degrees east,
lS26.IO perches to a post on the north side OF the
Lexington road, thence south 1856 perches 10 tne
place of beginning, being lands decided SAID Benl'
1880 recorded vol H. p 500 records Of said county.
c. Part of the east half OF section "a township II,
range s. bounded as follows beginning south OF the
northeast corner Of section "a l3 chains and 20 links
10 pOst thence south 55 degrees 20 minutes west ~
chains TO a post; thence south AZ degrees east =
chains ~ links to post at the side OF tie Lexington
road thence north 55 degrees east 81 hains 80 links
to post thence north degree east, chains ana y
links TO the place OF oeglnmiag& & G9nIahlhg ig @ S9zV @
Rufner and wife Dec 30 1896 recorded vol, H. p SG
records of Stark county. That said widow Is entitled
to dover in said real estate That said children are
entitled to the undivided tenth ll0l OF said 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 with which
said children should be charged are as follows;
said Ephriam Smith the sum OF Sl0i,O0 said Hiram
j. Smith the sum OF SiS3QO, said Caroline 9. Trump
the sum of $500 said Harriet Wenger the sum of
$1,000 said Kate CObaugh the sum of Sl5!5, said
Aaron b. Smith the sum Of Sl,4aS, sad Lucinda KIM
of S525 said Eliza GrOgg the sum OF SiS5. SAID Mary
Leib the sum Of $3.50 said children should be charged
with said several sums and the same De takeh III ac
count i'm 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 after paying costs OF Rd-
ininistTation and the debts of decedent Will not
amount to more than 500, for distribution TO SAID
widow and heirs and In order to eqnaze SAID heirs
in the distribution OF said estate resort must Oe hau
to said lands and tenements, ,---,,-
And an account will be necessary to determine how
far said personal estate will equalze said parties Shd
parties plaintiffs and defendants are unable toagree
In the partition and distribution Of said estate ana
land and tenemens and tile determination OF their
respective rights and interests therein, and require
the decree of the Court for that purpose. The prayer
said petition is that said defendants be duly served
with process and required to appear ana answer IN
this cause that the Court mayake an account between
said several parties that the Tespecyeshares and in
terests of said heirs in said lands be determined that
said parties hold their interests in seYeralty, ana
lust and fair division of said real estate may be made
between said parties. said advancements being taken
into consideration or II an equitable division OF said
real estate cannot be made without prejudice to the
said ers Of said real estate that the same may be
sold by the order and under the direction Of the Court,
ment of such costs and charges as the Court may
direct. may be divided among said parties according
to their several rights and interests as the same may
be determined by the decree of the Court, and for
such order and relief may be Just. Said defendants
are required to appear and answer said petition on or
before Saturday, December %, 1873.
LYNCH, DAY q LYNCH,
Attorneys for the Plffs