Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1913-03-13
Louise Carly, defendant.

R. E. L. Carly and Johanna NJ. SYM
onds, plaintiffs,
u.
Louise Carly, defendant.
The State Of Missouri to the above
named defendant, greeting:
You are hereby notified that an ac-
ton has been commenced against you
in the Circuit Court of Iron County,
Missouri, the petition having been
filed September 9th, 1912; and you are
further notified that on this LIST day of
November, 1912, it being the fifth day
of the October term of said court,
plaintiffs obtained al order of publi-
cation notifying you that an action
has been commenced against you the
purpose of which is set forth in plain
tiffs' petition as follows;
plaintiffs state that A. j. Carty
died intestate, on or about April goth,
1896, siezed of an undivided one-half
interest in and to the following de-
scribed tracts or parcels of land lying,
being and situate in Iron County,
State of Missouri, to-wit: The North
one-half of the Southwest quarter, the
East one-half of Lot One % of the
Northwest quarter, and 1928 acres,
being the South part of Lot Two (2)
of the Northwest quarter, in Section
One ~, Township Thirty three [33),
North, of Range Three 90 East, con
tanning about lao acres; and the en-
tire interest in and to all of Lot Two
f2) of the Northwest Quarter of Sec
ton One ~, in Township Thirty
three (33), North Of Range Three (3)
East, except the 49, s acres heretofore
described, containing about 80 acres.
I'll. That r. E. L. Carly, one of
the plaintiffs herein, is the sole owner,
by deeds and inheritance, from his
grandfather, William @. Love, and his
mother, Elvira Carly, of the undivid-
ed one-half interest in and to the
North one-half of the Southwest quar-
ter, the East one-half of Lot One "a
of the Northwest Quarter, and 1928
acres, being the South part of Lot
Two ~ of the Northwest Quarter, all
in Section One (1) in Township Thirty
three 1887, North, of Range Three (3)
East.
Sill. That said Al. Carly left as his
sole heirs, his children and issue, viz. /:
Johanna M, who i~ntermarried
with VIM. II. Symonds, and who is
nowa widow, and one of the plaintiffs
herein: J.. Q. Carly and R. E. L. Carly,
sons; and his widow, Elvira Carly,
now deceased.
'That on the 9th day of April, 1898,
Johanna M. Symonds, with her hus-
band, VIM. H. Symonds, decided all
her right, title and interest as heir of
A. J. Carty in and to the land describ-
ed in paragraph one of this petition,
to r. E. L. Carly by deed of warranty,
duly filed and recorded in Book 40,
page 573,o the Iron County Records
of Deeds.
"That on the 25th day of April, 1899,
j. Q. Carly died intestate and with
out issue, leaving as his sole heirs his
widow, Louise Carly, defendant here
in, and his mother, Elvira Carly, now
deceased, his sister, Johanna M. Sym
onds, and his brother, r. &. l.. Carly,
the latter being the plaintiffs herein.
''That on January 4th, 1912, said
Elvira Carty, widow of A. j.. Carly,
died t~estate, and by her will, duly re-
corded IN Book 81, at page al, of
the Iron County Records of Deeds, de-
vised all of her interest in said lands
to her son, R. E. L. Carly, plaintiff
herein.
"That the only interest Johanna M.
Symonds has in the land described
in paragraph one of this petition is
such interest as she acquired as heir
of her deceased brother, j. @. Carly,
she being entitled to a one-third part
of one-half of J. Q Carty's estate.
"That the only interest Louise Carly
has in the land described in paragraph
one of this petition is such interest
as she acquired as the widow Of j. c..
Carly; she being entitled to a one-half
part of his interest. That R. E. L..
Carty acquired his interest in and to
the land in paragraph n of this pc
tition, as heir of A. j. Carly, as broth
er of j. @. Carly, and the interest of
Elvira Carly, as heir of ]. q. Carly, by
the will of said Elvira Carly, above
mentioned.
''That at the time of his death j. G.
Carly was entitled to a one-third part
of the lands described in paragraph
n of this petition.
"That the parties having title to the
whole of the North One-half of the
Southwest Quarter, the East One half
of Lot One % Of the Northwest Quar-
ter and 1928 acres being the South
part of Lot Two (2) of the North west
Quarter, all in Section One Cd, in
Township Thirty three, (33) North, of
Range Three 90 East, and their re-
spective interests are as follows:
Johanna M. Symonds is entitled to
a 1-36ths part thereof;
'Louise Carly is entitled to a 3.36ths
part thereof;
ar. E. L. Carly is entitled to a
32-36ths part thereof.
"That the parties having title to all
of Lot Two (2) of the Northwest quar-
ter of Section One %, Township
Thirty. three 1887, North, of Range
Three 90 East, except the 1928 acres
in the South part thereof, and their
respective interests are as follows:
Johanna M. Symonds is entitled to
a 1-1Sth part thereof;
Louise Carly is entitled to a 3-1Sths
part thereof;
"R. e. L. Carly is entitled to a
14-18ths part thereof.
plaintiffs further state that William
O. Love, grandfather to plaintiffs
herein, died seized Of so much of Lot
Two (2) and the West one half of Lot
Three 90 of the Northeast Quarter of
Section Three (3) in Township Thirty
three 1887, North, of Range One %
East, as lies North of the middle of
Otter Fork of Black River, in Rey
nolds County, Missouri, containing 40
acres. .
"That said VIM. O. Love died tes-
tate, leaving as his heirs under his
will his grandchildren, J. O. Carly and
r. b. L. Carly, subject to the life
estate of his daughter, Elvira Carly,
mother of said J. 9. Carly and r. L.
L. Carly.
"That said Elvira Carly is now de-
ceased; that j. O. Carly died April %.