The Denison review. [volume] (Denison, Iowa) 1867-current, 1911-08-02


Trustees under the will of Richard S.
Fay. deceased, of Lynn. Mass; Kath.
: crime S. Fay Elizabeth e. Fay, Dudley
. Il. Fay, Catherine s. Fay, katherine
Everett, Sidney Brooks, Everett, Alex
2 ander 1: Everett, Lillian Everett
livan Fay, Augustine Hamilton Park
er, Katherine Fay, William D. Pick
man. Edward Henry. Fay. and the
heirs and assigns of all of said de
PENDANTS and OF said Richard S. Fay,
deceased, of Lynn, Mass, and of Richard
S. Fay. of Boston, Mass, unknown claim
ton p, Township 81, North Range 81
West Of the Fifth P: NJ, In Crawford
County, Iowa, Defendants.
Original Notice.
TO the above named defendants, Dud-
ley 3. Fay, Frederick j. Stimson and
Robert H. Gardner, succeeding trustees
!, under, the will Of Richard S: Fay, de-
crime s. Fay, Katherine Everett, Sidney
Brooks Everett, Alexander I. Everett;
Fay Parker, Henry Mountford Parker,
Sullivan Fay, Katherine Fay, William
D. Pickman and Edward Henry Fay. and
heirs and assigns of all of said defend
ants and of said" Richard S. Fay, de-
ceased, of Lynn, Mass, Katherine S. Fay
S. Fay, of Boston, Mass unknown claim
21, Township 81, North Range 80, West
Of the Fifth p. NJ, in Crawford County,
Iowa:
fed that there is now on. file in the
Office Of the Clerk fthe District Court
of Iowa, in and for Crawford county,
petition in equity by the plaintiff. Jnr-
absolute, owner in fee simple of the fol
lowing described real estate situated in
Crawford county, Iowa, to-Wit: The
ship 81, North Range SO, West of the
Fifth P. NJ, in Crawford county, Iowa,
and that under color of title and claim
in the open, undisturbed, adverse, and
continuous possession Of said real es-
tate for more than ten years last past;
thai; in May, $50 by patent duly is.
North Range 80, West of the Fifth P:
NJ, in CRAWFORD county, Iowa. Vested sd
Riggs. and that the title so vested in
the said John Slidell duly passed to and
vested in one Richard S. Fay. Of Lynn,
said Elisha Riggs passing through vari-
GUS mesne conveyances finally vested in
this plaintiff; that in 1865 the said
eara estate s Fay TO died Se te gs
in trust for his widow and children,
which title passing through various
mesne conveyances finally revested IN
ing as such at the time, to-wit: William
D. Pickman, George c. Silsbee and bud.
ley B. Fay: that an interest in said real
Fay, of Boston, Mass, son Of the said
Richard S. Fay, of Lynn, Mass; that
1.-THE title so vested in the said Richard
for tfe use and benefit e Of the estate Of
said Richard S. Fay, of Lynn, Mass; ;
that the said Richard S. Fay, of Boston,
Mass, is now deceased and the title to
the said real estate. under and by virtue
lof certain proceedings heretofore had
in the Supreme Judicial Court Of the
Commonwealth of Massachusetts passed
tees of the estate Of Richard S. Fay, of
LYNN, Mass; that subsequently and dur
ing the year 1891 the said George c.
trustees under the will of said Richard
is. Fay, Of Lynn, Mass, duly author
|iZed and empowered, conveyed all of the
said Richard S. Fay in and to the real
|estate in controversy herein, to one
Louis N; Coon. which title and interest
was, after passing through - various "a, .',is,
plaintiff, but that because the said
William D. Pickman did not join in such
conveyance to the said Louis NJ. Coon
and because the last will and testament
of the said Richard s. Fay, Of Lynn,
Mass. contained no express authority
for the execution of such conveyance
tne nelFS ana assigns VI Iue Sdlu NIL
lard S. Fay, Of Lynn, Mass, and Of the
said Richard S. Fay, of Boston, Mass
have or claim to have some lien upon
Tor interest in said real estate adverse
to the title and estate of this plaintiff,
and that such claim constitutes cloud
upon the title of this plaintiff: that the
heirs and assigns of the said Richard
Richard S. Fay, of Boston, Mass. are
in part unknown claimants and in part
the defendants herein named, to-wit:
ley B. Fay, Catherine S. Fay, Katherine
Everett Sidney Brooks Everett, Alex
ander L. Everett, Lillian Everett Hilda
Everett Richard Fay Parker, Henry
Parker, Richard Sullivan Fay, Rather
inc Fay, William D. Pickman and Ed
ward Henry Fay and the heirs and
living, all unknown claimants have
acquiesced in such conveyance: and all
fright. title and interest in and to said
said parties has long since ceased: lapsed
and determined; that the defendant.
Dudley B. Fay, Frederick j. Stlmson
and Robert H. Gardner, are the succeed !.
will and testament of the said Richard
s. Fay, Of Lynn, Mass; that the names
aud residences Of the said unknown
claimants are unknown to these plant
ifs and that they have sought dill
gently to learn the same: that unless
You appear thereto and defend on or
before noon or tne SeCOIlu UdS VI lily
next term 81 the District Court in and
for Crawford county, Iowa, to be held
at Denison, Iowa, commencing on the
18th dav of September, 1911, default
ment and decree rendered thereon as
prayed in said petition.
CONNER & LALLY,
lsS-4t Attorneys for Plaintiff.
Tpon reading the petition in the above
ientitled action and inspecting the fore
going original notice, the said notice Is
hereby approved and ordered published
for four consecutive weeks in the DENT
son Review a newspaper published,
printed and circulated in Crawford coun-
ty, Iowa. ,o,,
Dated this 9TH day Of July, 1911.
F. NJ. Powers,
Ios-u District Judge.
One life, a little CLEAN Of time be-