The Oskaloosa herald., 1902-07-03
ORIGINAL NOTICE.

Ed. s. Howard and A. A. Hugg,
executors of the last will and testa-
ment of James McAuley, deceased,
late of Mahaska county, Iowa,
VS..
Henry Grant and Edward Grant,
| legatees under said will, John A.
! Grant, Henry l.. Grant, Manoah
Markham, Lucy Dragon, Rachel j .
Hodges and the unknown heirs of
James McAuley, deceased, and the
unknown defendants, heirs at law of
said Jas. McAuley, deceased, being
the brothers and sisters of said Jas.
McAuley and their descendants. And
the unknown claimants of the north
east quarter and the east half of the
northwest quarter and the east half
of the southwest quarter of Section
thirty-five, in township eighty-three,
north of range twenty nine, west of
the 9Th P M, Iowa, lying and situ-
ated in Greene county, Iowa Also
the following described lands or town
lots situated and living in Jasper
county Iowa lots No and in block
%, in the town of Monroe, Iowa,
defendants.
In the District Court of the State of
Iowa, in and for Mahaska County,
| September term, A. D., 1902.
| To whom ii may concern and to
! each and all of the above named de-
! PENDANTS, and unknown claimants of
said land:
You are hereby notified that on or
before the 25th dsv of June, A d +,
! 1902, a petition of Ed s. Howard and
A. A. Hugg, executors of the last
will and testament of James Nc
Auley, deceased, late of Mahaska
county, Iowa. will be filed in the
Office of the clerk of the District
Court of the State of Iowa, in and for
Mahaska county, Iowa, claiming that
one James McAuleS late of Mahaska
countv. Iowa, departed this life in
saId county, died seized of the here
inbefore described land and town
lots
That the said James McAuley exc
cuted Il certain instrument in writing
which ne declared was his last will
and testament, Item Four thereof be-
ing II direct that fund sufficient
without drawing on the principal
sum be set aside for the perpetual
care of my lot and monument in For
est cemetery in Oskaloosa, Iowa,
hereinafter provided for.n
Item Five. SIT is my will and so
direct that after item One, Two, Three
and Four herein are fully paid or pro-
vided for that all the rest and residue
OF nv property real and personal of
which | die possessed or seizsd be
used for the purchase of lot in
Forest cemetery, Oskaloosa, Iowa,
and the erection of monument
thereon for me >
Item Six. ~ direct that my execu-
tors convert all of my property into
cash for the purposes above with or
without an order of the court there.
for"
Item Three. ST give and beoueath
to my nephews, Henry Grant and
Edward Grant, fifty dollars"
That said viii has been duly admit
ted to probate in said county, that
order of sale has been had therein
for the sale of said premises, that
the same has been sold. The lands
in Greene county, Iowa, for Sixteen
Thousand, Three Hundred and TWEEN
ty Dollars to one G.. n. Wiltse and
that the funds are in the hands of
the said plaintiffs who have been
duly appointed as executors of said
will. That the interest of said de-
PENDANTS IN ana TO SAID premises or
to the funds derived therefrom is
either as legatees under said will,
heirs at law OF the said James Nc.
Auley, deceased, or as unknown
claimants thereof as heirs at law OF
the said Jas. McAuley, deceased, or
as their grantees.
That the plaintiffs and defendants
have entered into q contract, copy
of which Is attached to the petition
whereby 1t Is agreed that the defend
ants shall follow the proceeds of the
said land and not the said land and
shall be cut off and barred from pro-
ceeding against said land and that the
title of said land shall be quieted in
q. II. Wiltse and his grantees 10
whom plaintiff sold same.
l That the plaintiffs are credibly in
: formed and believe that the defend.