The Oskaloosa herald., 1902-07-31

said land:
You are hereby notified that on or
before the Goth day of June, A. D.,
lSOz' petition Of Ed s. Howard and
a: a. hugg, executors OF the last
VIII ana testament of James Nc
Auley, deceased, late of Mahaska
county, Iowa, will be filed in the
once OF the clerk of the District
Oourt OF the State of Iowa, in and for
mahaska county, Iowa, claiming that
/ one James McAuley late of MahaskR
/. county, Iowa, departed this life in
saiu county, died seized of the here
| inoetore described land and town
lots.
Ihat the said James McAuley exc
euted q certain instrument in writing
which he,declared was his last will
ana testament, Item Four thereof be-
ing l direct that a fund sufficient
Wlthout drawing on the principal
sum De set aside for the perpetual
care OF my lot and monument in For
est cemetery in Oskaloosa, Iowa,
hereinafter provided for"
Item Five. ut is my will and I so
direct that after item One, Two, Three
ana -FOUR herein are fully paid or pro-
Vlued TOR that all the rest and residue
o. nv property real and personal OF
WhlCn die possessed or seized be
USED Tor the purchase of a lot in
FOREST cemetery, Oskaloosa, Iowa,
ana the erection OF a monument
thereon for me-"
Item Six. II 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. 81 give and bequeath
to my nephews, Henry Grant and
Edward Grant, fifty dollars"
That said vii mas 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. IL. 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-
fendanls in and to said premises or
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
- 10 hnt hn Of
| 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.. II. Wiltse and his grantees to
whom plaintiff sold same.
| That the plaintiffs are credibIy ina-
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, whteh 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 theforegoing statements
and allegations are made in said Pc
tition and are part thereof.
That the relief demanded in said
petition is that the said wilTbe estab-
lished and re-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
and adiudged 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 sucb 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 it
shall be an ordinary granite monu-
| ment or in the form OF a 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 III.
Wiltse through said sale from these
| plaintiffs ard 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 will
| or in any way TO open the proceed
| ings already had and other and fur
Their relief in equity.
Order has been had in said court
| approving the foregoing notice,
And unless you appear hereto and
defend on O. before noon of the
| second day ofthe September term "A.
d. 1902, of said court which will COM
menca on tine 3Oth 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
18th day of June, 1902, the petition
and the foregoing original notice
filed in the above entitled cause OF
action having been examined and