Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-10-21

FAULT, judgment for platntin against both de-
PENDANTS for $sO6, iHst per cent and costs.
WSBurke vs. E A Amundson ct al. Default.
A converse vs. Miller & Weber ct al. Sub
mitted to the court. It is adjudged that the In
terests Of the parties as alleged in petition,
1t being shown that the property is not sus-
ceptlble of equitable partition and that they are
liens on same, 1t is therefore ordered that the
property be sold at public Or private sale and
that the liens be paid from proceeds in the Or
der of priority as alleged In petition and the ball
ance divided between pl'f and deft c + Miller
in equal shares. E II Thomson, B F Davis and
W L Richards, appointed appraisers. j
Thomas appointed referee to make the sale and
distribution. Bond fixed at double appraised
value. Referee to pay costs ami statutory atty
fees before payment Of liens.
First Nat Bank of CresCo Ia vs. Miller b Web
Der ct al. Default as to all defts. Judgment
for pm against defts Miller s. Weber and G F
Miller for $33sss, inst per cent atty fee $26.75
and costs. Decree Of foreclosure and sale as
prayed in petition.
catharine Montague vs. Joseph Montague. BY
consent plfr to have 80 days to plead to answer.
John Gund Brewing co VS. L Barnes. By
consent deft to have 80 days to answer. con-
tlnued.
Anothony Henehan VS. chicago Great Western
Ry co. Motion for more specific statement sus-
tained.
Estate Of Geo W combs. Will proven and ad-
mitted to probate on testimon Of Hayes.
u Hayes appointed executor with Will annex
ed Bond fixed at $1,000.
Estate Of Mary Mccormick Will proven and
admitted to probate on testimony OF = Becker
Hugh Walker appointed executor and exon
Grated from giving bond in accordance with
| provisions OF will.
Estate of Polly L Norton, Sale and deed to
Y B Barber dated Oct Is, 1909, approved.
Estate of David G Swartz. Foreign will ad-
| mirted to probate as prayed.
Estate of Sophia Y Field Will and codicil
proven and admitted to probate on testimony
OF Alice 3 Mitchell. F Davis appointed ex-
ecutor as provided by will. Bond liked at $4,000
to be approved by the clerk.
Estate Of Joseph Glass. Will proven nd ads
mttted to probate on testimony of F McHugh
Leo G Glass and Frank Glass appointed OK
ecutors as provided by Will, Bond fixed at
$1,000 to be approved by clerk.
| Estate of John Horej eli. Submitted to the
court. Petition for allowance for years sup.
port of widow and children granted in sum o.
| 5000 as prayed.
| Estate of John Horejsi. Order ed that notice
of claim with copy Of same be served on all the
heirs of this estate. continued.
! Estate OF Anna M Blpomenrader continued
Estate OF Lawrence Riley. viii proven ant
admitted to probate on testimony of Edward
Sullivan. Mary Riley appointed executri,
without bond as provided by will.
Estate of Julian Haden. Petition for per.
mission to use funds granted as to interest AND
annual stipend. In case the stipend should be
discontinued authority is granted to use sc
much of principal as is necessary rward's sup
port.
Estate of John Ernst. Will proven and ad.
mitted to pr rebate in testimony of Merrill
Bowers,
Estate OF UlrIch Funkhauser. VIII proven
and admitted to probate on testimony of John
Funkhauser. John Rutsch who is named as
executor in open court declines to qualify and
act as such executor. Anna Funkhauser, widow
Of the deceased is appointed executrix, Bond
1 fixed AT $780,.
Estate of charles Strawn. Authority grant
ed to remove remains and erect monument a.
an expense of not to exceed $225 by first getting
! consent of heirs.
Estate OF Hanson Satire, continued.
Estate OF W O'Nell. continued for service
| Estate of O'Donneil. w X Barker ap
pointed guardian ad Item for minors. Answer
of guardian ad litem on file. Final report o
i Administrative approved and admx. to stant
discharged on making distribution, payment O.
costs and filing proper vouchers. No collatera
| inheritance tax.
Estate of Michael collins. Executor author
lied to execute deed to carry out contract made
by deceased In bis life time with Thos. Noonal
and full payment being made Of amount due un
4 der said contract. Decd from executor to Tho
Noonan dated Oct, IL, 1902. approved.
Estate of John German. f McHugh up
pointed guardian ad Item for minors answer o
guardian ad item on file submitted to the cour
+ 1t is adjudged that the Will of the deceased bt
construed to give to Walter German the rent!
and profits Of the real estate from the date o
the decease of testator. to-wit March 20. 1900 tt
May II, 1902, when he attained the age of 10 yr
1t Is further orderei that the real estate be SOL
by the executor in accordance with the provls
ion of the Will and that he make full report tt
this court and hold the proceeds for an order o
distribution in accordance with the term of thu
Will. Land sale to be either public or private a.
executor deems for best interests OF the es late
Sed double a The g oh
Estate OF Stephen Osborne. Final report Of
administrator approved and adm'x to stand dis
charged on payment of costs and filing vouch.
ers showing distribution to heirs as shown b,
final report and other vouchers. No collattera
inheritance tax.
Estate OF Rebecca Richards. Final report OF
executor approved and executor to stand dis
: charged on payment OF costs and lfling proper
vouchers, No collateral Inheritance tax.
| Estate OF Arthur Frank, and Ida NJ Mitch
ell. Authority granted guardian to contribute
from funds of wards not to exceed SIS toward
the erection OF monument for their deceased
father.
Estate of A q hubbard. Final report of ad
mtnlstrator approved and adm'x to stand dis
charged on payment of costs and filing proper
vouchers. No collateral inheritance Ia
Estate OF j j Clemmer. Final report of ad
MRS. approved and they to stand discharged OF
u payment or costs and filing proper vouchers
No collateral Inheritance tax.
\ Estate OF Franklin Fellows. Petition. foi
monument granted m sum NOT 70 sxrsem Hsu,