The Oskaloosa herald., 1902-07-10

before the 25th day Of June. AZ D..
1901 petition of Ed 3. Howard and
A. a. Hugg, executors of the last
will AND testament of James Nc
Auiey, 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 McAuley, late of Mahaska
/ county, 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 q certain instrument In writing
which he 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 perpetuaI
care OF my lot and monument in For
j est cemetery In Oskaloosa, Iowa,
hereinafter provided for,u
| Item Five. SIT is my will and I 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 pronerty real and personal of
which ole possessed or seized be.
used for the purchase of a lot in
Forest cemetery, Oskaloosa, Iowa,
and the erection of a monument
| thereon for me I"
Item Six, ~ direct that nv execu-
| tors convert all of my pr perty into
| cash for the purposes above with or
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 W II 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. ii. 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-
fendan's in ard to said premises or
to the funds derived therefrom is
either as legaiees 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 contract, copy
of which IL attached to the petition
whereby It is agr- ed 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.
G.. b. 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 illeg-
ally incumber said real estate by
deed, mortgage or otherwise which
would cast a cloud upon the title
thereto which the plaintiffs have con-
veyed and which they and their
grantees would be remediless at law
to remove.
That all.of the foregoing statements
tition and are part thereof.
That the relief demanded in said
petition is that the said will be estab-
alished and established and pro-
bated, and that its 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
nd - 49,, 81
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 ana the amount
of such fund fixed, and that ssid 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 il
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 G. H.
Wiltse through said sale from these
plaintiffs and the grantee Of the said
Wiltse and that all of the defendants
be cut off and barred from bringing
original action to set aside said will
or in any way 10 open the proceed
ings already had and other aud fur
Their relief in equity.
Order has been had in said court
approving the fors going notice,
And unless you appear hereto and
defend on or before noon of the
second day Of the September term,A
ID. 1902, of said court which will COM
mence on the Soth day OF Sept, A
d 1902, default will be entered against
you and Judgment and decree rem
dered thereon as prayed for in said
petition.
MCCOY & MCCOY,
Attorney for Plaintiffs.
order Approving Original Notice and
tor Publication.
And now on this day to-wit, the
26th day of the April term, being the