Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-06
ORIGINAL NnrIcE

Vorus. Mrs. G. w. Vorus. Geo. w.
Voris. Mrs. Geo. w. Voris, Saml. w.
Griffin. Mrs. Saml. w. Griffin. Saml
Griffin. Mrs. Saml. Griffin. Alexander
Kennedy. Mrs. Alexander Kennedy,
Watson A. Dean. Mrs. Watson A.
Dean. Florence Abel Byrns. Mary c.
Wilson. Diana Ballard. Reuben Bal
lard. Jabes Ballard. Hugh Ballard.
Andrew A. Carver. A. c. Bartlett.
Roxy A. Bartlett. Della Knapp
Phillip Ballard. Jr.. Boughton e..
Phillips Emily Bartlett, Hally Bart
lett, Martha Bartlett. Janett Bart
lett. Filomelia Bartlett. Columbia
Bartlett, Loyal Bartlett. Martha
Kinney. jeanette Parrish. Vera
Bartlett. Weary Bartlett. Emily Glib
son, Harry Bartlett. Philoniela An
drews. Columbia Newman. Mary
Sullivan, Philander Bartlett. Neiile
Bartlett. Mary Gibson, Ellen Gibson
George Gibson, Homer Gibson,
Charles Gibson, Edward Gibson. ana
Washington Gibson, and the I'M
known heirs at law and surviving
spouses of the above named deleno-
ants whether sane. insane, minors or
persons under legal disability; also
the unknown claimants whethef
sane, insane. minors or persons u'-
der legal disability. OF the North-
west quarter Of the SautheasI aua.
ter (nw of Sc - except hNe '0I
acres of the East side ana t"o anu
one-half (21s) acres off the norm
side: also the Northwest quarter VI
the Northeast quarter tnw OF ne
excep, four 90 acres in g3aNesaEu
out of the southeast corner. anu Ga
cept. commencing at the nor
corner OF said graveyard. north -
RODS and 20 links, west 30 rods, sou''
IL rods and 20 links, east 10 oesii-
ming: also the Southwest quarter "a
the Northeast quarter Is" OF ne -
except four ca acres In Sehe'a,
Railroad of Iowa right ot-waS' anu
except two and $500 acres in north
mar. OF west side of said tract, an
in Section No Seven 90 IoWhsnip
No. Eighty four (s4) Range Eighteen
I0 Yves, Of the 5,h P. NJ, Marshaii
county. Iowa, and Outlot NO. TO- AZ
the town OF Albion, Marshah eouh
". Iowa. Defendants
You and each OF you are nereos no
titled that there is now on ME ~ III.
Office Of the clerk OF the District Iou''
OF Iowa. in and for Marsha!i COUNT
the petition OF Exc i burRs1'' p'a".
tiff. who for cause of acton sSains.
the defendants. ayers;
That one Jacob 3. Rolston VINO was
the father of plaintiff. died tes,ate ~
the county OF Los Angeles ana STATE u
California. on the 2lst day OF SepteH-
her. 1912. That said Jacob B. Rois'on
wa. survived by the following name"
widow and heirs al law VINO coiis'i-
,ute his only heirs at law, town.:
Dora Rolston. surviving widow: tn's
nleintin. Exie L. Burkart, daughter:
Jauni,a Rolston. minor dausatei' an
Lawrence L. Rolston. son.
That said Jacob B. Rolston DURING
his lifetime made and executed Ger
tain will and codicil thereto Which "as
duly admitted to probate in the coun-
~ Of Los Angeles and state OF eah
tornia. on the 18th day Oh oeo'
1912.
That plaintiff and the above na'1leu
widow and heirs at law are the eo.e
and only benefciaries and iesatees IN
der said will and that said JACOB D.
Rolston was. at the tlme Oh mo
cease, the owner In fee simple an'one
other property. OF the Following
scribed real estate. situated IN NAT
shall county. and state OF Iowa .o-"i''
The Northwest quarter OF the Sou.
east quarter INV 4 OF sc 4Ge3cept nv
(5) acres of the east side. ana wv
and one-half ca acres OF the nor.h
side; also the Northwest quarter Oh tue
Northeast quarter INV OF ne -
cept four ca acres IN GRAVEYARD gu.
of the Southeast corner. ana e1cep.
commencing at the Northeast corner o.,
said graveyard. North IL RODS anu ~
links, West 40 rods. South IL foos
and 90 links. East to beginning
Also the Southwest quarter or the
Northeast quarter tsw OF ne - e&.
cep, acres in the right-of-way OF
,he Central Railroad OF Iowa, ana ex-
cent two and $500 acres on the north
part of west side of said tract
All in Section Seven ca. Township
No. Eighty-four $50 North. Range
Eighteen, Qs) West OF the oth r. NJ
Marshall county. Iowa.
And Outlet No. Eighteen 1s) IN the
town OF Albion, Marshall county. iowa.
That by the terms and provlslonss OF
cold vii, which was acquiesced in by
the widow. certain devises and be-
quests were made to Dora Roistoh
widow. and to Jaunita Rolston, and
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 snare
and share alike to Dora Rolston, La"
renee L. Rolston. this plaintin ano
Jaunita Rolston, minor.
That said Jacob B. Rolston was al
the time Of his death resident OF Los
Angeles County California. and thai
there was sufficient personal estate to
more than pay all existing indebted
ness. and that the real property above
described vested upon his death. IN
this p.aint,r and the widow and heirs
above named
That said several owners Of the above
described premises are unable to mu-
tually agree upon division OF the
same and a partition thereof, and thai
Jaunita Rolston is minor under lega
disa bili,y and unable to consent to
mutual agreement for a division O.
said premises.
That plaintiff Is entitled under SAID
will to an undivided one-fourth interes
in said real property The defendan
Dora Rolston. Jaunita Rolston, minor
and Lawrence L. RoIston are each en-.
titled to one-fourth interest In salt
! real properly.
That plaintiff demands judgment ant
decree confirming the shares OF tn
parties as above alleged in and to tn