The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-02-21
|NOYES'lS.
DEFENDANT
Prosecute Brings Suit
|AAgainHtsyt' W. \ Former mel surveyor 1''s'y'a
bg aateS s-Tr-- recluar suo
JOHN D. OWENS IS SUED
Mrs. John Owens Wants an
Accountings
She Alleges She is Being Kept Out
of What 10 Bightly Due Her Un-
der Her Husbands win.

Owens, deceased, reruses her an ac-
counting and Is trying to prevent
her from obtaining her portion OF
the estate of the deceased, Mrs
Elizabeth Owens, widow of the de-
cedent, filed a petition in the CON-
mon pleas court Thursday after
noon.
Inc plaintiff states that she is the
widow of the late John Owens and
that the defendant, John ID. Owens,
ms the son OF the deceased, who
died March 10, 1906. The will OF
John Owens was ADMITTED to pro-
bate May 2. 1906. The will be-
queathed all OF the real estate in
Pleasant township to John d. Owens
subject. however, to the provision
made for the widow. who in an
other section Is given full one
third of all rents and profits of
his property during her natural life.
The provision was made that the
wife should forfeit all claim to the
estate should she remarry.
The petitioners says that she
elected to take under the provisions
of the will and that the defendant
has secured as rental the sum of
$1G4O, from the real estate in
Pleasant township and that he has
appropriated the same to his own
uses and refused her an account
ing. 1t is claimed e,that the defend
ant Is preparing to enter into a
contract with certain persons where
by he will furnish the capital and
they, will oversee the work on the
farm and the profits will be divid-
ed, and that the defendant is pre-
pairing to take all oflthe profits and
use them for improvements for ten
years to prevent thep petitioner from
securing her income.l She states that
she is sixty-seven years of age and
is in need of the money to support
herself. se
The widow asks the court to COM
oel the payment Of, her portion Of
the rental already collected, and
that a receiver bee appointed to
protect her interestssin the property.
1t is also asked that her interest
of one third be set OF to her.
Crissinger and Cutlery represent
the paintiff.
Alleging that Hiram II. Noyes, ex-
county surveyor, and the Fidelity and
Deposit company, OF Maryland, are
Indebted to the county in the sum Of
$1066.25 with interest, John H.
Clark, prosecuting attorney, filed a
petition in the common pleas court
Thursday afternoon, naming Noyes
and the bonding company defendants.
The petition contains one hundred
pages of typewritten matter and
there are thirty-seven causes OF ac-
|tion. The defendant Is charged with
drawing money from the county
Treasury for livery hire when he used
his own conveyance and for drawing
fees for work on two bitches in one
day at various times. The fees, al
legged to be illegal, were drawn in
small amounts.
The petitioner asks the court to
render a judgment OF 41O68. .25 with
interest against Hiram II. Noyes and
the Fidelity and Deposit company.
Judge Young made the following
assignment of cases In the common
pleas court this morning:
Saturday February Weeks
against Weeks; Everly against the
IC. c. c. and St L.; Mooney against
Titus; Poth against Schultz; Druck-
er against kelleher; Gruber against
the Big Four; Holland against the
iChicago and Erie; Adams against
the Home Building and Loan
company; Hemphill against Bruce;
Jinks against Jinks Miller against
Tannehill; Bennett against Furniss,
and Clark against McCollen. (all ia
|ssisss,, q sssssd SMfFS k''Ss Ss. :su e' &C.
March 2---Aass,s against the |C,
lR and ~; pierson agaipst Ae
F&ahUH9LkAt and PnakAeaapahy
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