Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-20

widow and heirs ct law are the sole
and only benehciaries and lsgstees un-
der said will and that said Jacob b
Rolston was. at the time OF his a..
cease. the owner In fts sisAple. among
other property. Of the following de-
scribed real estate situated In Mar
shall county. and state Of Iowa. to-w!t;
The Northwest quarter Of the South.
east quarter INV Of 20 u except nve
(S) acres OF the east side. ana two
and one.half (2M) atrss Oh the noftA
side: also the Northwest quarter OF the
Northeast quarter inv Of No - e.
cept four ~ acres In graveyard OUT
of the Southeast corner. and except
commencing at the Northsast corner OF
said graveyard, North - rods ana -
links. West 40 rods. South 10 rods
and 20 links, East to beoinninS;
Also the Southwest quarter OK the
Northeast quarter few 4 OF ne - ex-
cept acres In the right.os.wey OF
the Central Railroad Of lows. and ex.
cept two and ss.l0o acres on the nosth
part OF west side Of sAid tract.
All in Section seven ~. Townshlp
No. Eighty four (Sl) North. 6aneS
Eighteen, (1s) West OF the stn :. -.
Marshall county. Iowa.
And Outlet No. Eighteen (1s) u the
town Of Albion. Marshall county. Iowa.
That by the terms and provisionss or
said will which was Acquiesced IN by
tho widow. certain devises ana %.
ouepts were made to Dora ROBSON
widow, and to. Jaunita Rolston. ana
that all the rest, residue And remain.
der Of said estate including the above
described real estate was given. devised
and beoueathed In equal portions share
and share alike TO Dora Rolston. Law
renee L. Rolston. this plaintiff and
Jaunita Rolston, minor.
That sAid Jacob b. Roiston was 81
the time Of HE. death q resident Of Los
Angeles County CaliforniA. and thai
there was sufficient personal estate to
more than pay all existing indebted.
ness, ana that the real property above
described vested, upon hts death, In
this plaintiff and tho widow and heirs
above named.
That said several owners Of the above
described premises are unable to mu-
tually Agree upon q division OK the
same aud = partition thereof. ana that
Jaunita Rolston - minor under lseA
disability and unable to consent to q
mutual agreement for division OF
said premises.
That plaintiff 10 entitled under said
will to an undivided one-fourth interest
In said real property. Tho defendant
Dora Rolston, JAunita Ro'ston. minor,
and Lawrence L. Rolston are each en-.
titled to a one.fourth interest In said
real property.
That plaintiff demands judgment ana
decree confirming the shares OF the
parties 40 above alleged in and to the
aforesaid property and prays that par
tition thereof be made. or. IL the same
can not be equitably, divided. that a
sale be ordered and . division Of the
proceeds made between the parties ac-
cording to their respective shares. and
for costs OF this action including statu-
tory attorneys fees, and that all the
cost including an abstract fee. be made
a lien upon said premises and the
shares Of the parties In proportion to
their respective interests.
Plaintiff further alleges that she 10
credibly informed and believes that the
defendants to this action who are spe.
oifically named and who are non-resi.
dents OF the state OF Iowa, and also GER
tain unknown claimants make some
claim adverse to the estate OF plaintiff
and the defendants named - the
widow and heirs at law Jacob b.
Roleton. deceased. but that such claims
while constituting clouds upon said
title are not In fact valid nor subsist-
ing claims, but that this plaintiff and
the widow and heirs ct law OF said
Jacob B. Rolston. deceased. have and
hold paramount title under and BY
virtue OF prior grants. conveyAnoss,
devises and by inhsritances from and
thru prior srantors, their predecessors
and ancestors and are owners In Zee
simple Of said premises.
That OF tho persons making adverse
claims to tho estate and interest Of
this plaintiff and the widow and heirs
at law Of said Jacob B. Rolston. Do.
ceased, plaintiff Is informed aud BE-.
llieves that such claims Are - herin'
after set forth.
Plaintiff further alleges that there
are persons whose names and resi-
dences are unknown 70 her although
she has sought diligently to learn OF
their names and residences who claim
an interest in the real estate above
described adverse to the claims herein
asserted in behalf Of plaintiff and the
widow and heirs 1t law OF jacob b
Rolston, deceased, and that such un-
known persons can only be designated
as follows:
The unknown spouses. heirs at law
| devisees or grantees respectively Of the
FOREGOING named defendants and the
unknown persons claiming an interest
| in and to said realty by inheritance
dover, grant or dover right vested OF
inchoa.e. thru or from the above named
defendants or some Of them whom
they claim were the owners In Zee
| simple OF said lands or some portion
thereof, and the unknown persons who
by right OF inhsritance, dover. devise
| or Grant thru or from such spouse
heir at law, devisee or srantee. and the
I unknown surviving spouse. heir at law
devisee or grantee OF such unknown
person OF persons claiming IN Interest
in some portion Of the Aforesaid realt,
and that each and all Of said DEFEND
ants are non-residents Of the state o.
lows and such residence II unknown e
plaintiff, but that the interest OF sucf
| unknown persons. defendants, 20 ~
AZ plaintiff IL able to designate VIII
narticular1ty and the mode OF devolu
1 ton OF said alleged claims OF title ar
.rhat Florence Absll Byrns. III
1 sole surviving heir at Law q
Thomas B. Abel. being an unmasIlee
! woman. claims some title .aod hsssee
/ = "a