The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1902-07-17
without an order of the court there.

without an order OF the court there
for"
Item Three. 81 give and bequeath
to my nephews, Henry Grant and
Edward Grant, fifty dollars"
That said will 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 Twen-
ty Dollars to one G., H. 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 and 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 a contract, copy
of which is attached to the petition
whereby it 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 quoted in
q, II, Wiltse and his grantees to
whom plaintiff sold same.
That the plaintiffs are credibly in
formed and believe that the defend
ants make some claim adverse to the
estate of the plaintiff and their gran
tees in said real estate, which Is fee
simple owners of said real estate.
That the plaintiffs fear and there is
danger that the defendants may iileg-
ally incumber said real estate by
deed, mortgage or otherwise which
would cast a cloud upon the title
thereto which the plaintiffs have con-
yeyed and which they and their
grantees would be remediless at law
to remove.
That all of the foregoing statements
and allegations are made in said Pc
tition and are part thereof.
That the relief demanded in said
petition is that the said will be estab-
lished and re-established and pro-
bated, and that it's probate be so
established and confirmed.
That the sales and deeds of said
premises be approved and confirmed.
That all of the defendants be decreed
and adjudged to proceed against the
said funds in the hands OF the said
administrators and not against the
said lands. That the said agreement
relating thereto be confirmed, APP
proved and established, that the pro.
visions OF said will be determined
and construed, and that the trust for
the purpose of caring for the grave
and monument OF said Jas. McAuley
be fully established and the amount
of such fund fixed, and that said exc
cutors be fully directed how such
trust shall be carried out and that
they also be directed as to the kind
and character of the monument to be
erected under said will, whether 1t
shall be an ordinary granite monu-
ment or in the form Of chapel or
other monument, and that all Of the
said defendants be estopped and
barred from proceeding against the
said land or from making any claim
whatever against said land, and that
the title thereto be fully established
and confirmed in the said @. FL.
Wiltse through said sale from these
PLAINTIFF and the grantee of the said
Wiltse and that all of the defendants
be cut of and barred from bringing
original action to set aside said viii