Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-13
forn,a. on til. 18TH day Of october.

1917. ~ ~
That plaintiff ana the above named
widow and heirs a. law are the sole
and only beneiciaries and legatees un-
der said will and that said Jacob B.
Rolston was, at the time OF his de.
cease. tho owner in fee simple. AMONG
other property. Of the following de-
scribed real estate situated In Mar
shall county. and state OF Iowa. to-wit:
The Northwest quarter Of the South
east quarter INV I Of re - except nve
CO acres of the east side. ana two
and one-half (2h) acres on the north
| side: also the Northwest quarter OF the
Northeast quarter (nw Of ne ~ ex-
cept four as acres in graveyard out
Of the Southeast corner. and except
commencing at the Northeast corner OF
said graveyard, North IL rods and ~
links. West 40 rods. South IL RODS
and 20 links. East to beginninS;
| Also the Southwest quarter OF the
Northeast quarter (sw 4 OF ne - ex.
cept 4 acres In the right-of-way OF
the Central Railroad Of Iowa, and ex-
cept two and s5-100 acres on the norsh
part of west side Of said tract.
! All in Section Seven ca. Township
No. Eighty -four go North. Ranes
Eighteen, (18) West Of the etn =. NJ
Marshall county. Iowa.
And Outlot No. Eighteen (1S) IN the
town of Albion. Marshall county, iowa.
That by the terms and provisionss OF
said will which was acquiesced IN py
the widow, certain devises ana Do
ouents were made to Dora Roiston
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 snare
and share alike to Dora Rolston, Law
renee L. Rolston, this plaintim ana
Jaunita Rolston, minor.
That said. Jacob b. Rolston was ~
the time of his death resident OF Los
Angeles County California. and that
There was sufficient personal estate to
more than pay all existing indebted
ness. and that the real property above
described vested. upon hts death. In
this plaintiff and the widow and heirs
above named.
That said several owners Of tho above
described premises are unable to mu-
ltually agree upon division OF the
same and a partition thereof. and that
Jaunita Rolston - q minor under legal
disa bility and unable to consent to q
mutual agreement tor division OF
said premises.
That plaintiff is entitled under said
viii to an undivided one fourth interest
in said real property. The defendant
Dora Rolston. Jaunita Rolston. minor,
and Lawrence L. Roiston are each en-
titled to . one -fourth interest in said
real property.
That plaintiff demands Judgment and
decree confirming the shares OF the
parties as above alleged in and to the
aforesaid property and prays that par
tition thereof be made. or. II the same
can not be equitably divided. that
sale be ordered and q division Of the
proceeds made between the parties ac-
cordings to their respective shares. and
for costs Of this action including statu-
tory attorneys fees, and that all the
cost including an abstract fee, DO made
lien upon said premises and the
J shares Of the parties in proportion to
their respective interests.
Plaintiff further alleges that she IL
credibly informed and believes that the
defendants to this action who are spe-
cifically 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 as the
widow and heirs at law o Jacob B
RoLston deceased. but that such claims
while constituting clouds upon sale
title are not in fact valid nor subsist'
ing claims, but that this plaintiff and
} the widow and heirs ut law OF sale
Jacob B. Rolston deceased. have and
hold paramount title under and By
virtue Of prior grants. conveyances
devises and by tinheritances from ant
; thru prior grantors. their predecessor
. and ancestors and are owners IN fe'
simple Of said premises.
That Of the persons making advers
claims to the estate and interest
this plaintiff and the widow and heir
. at law OF said Jacob B. Rolston. De
: ceased. plaintiff rs Informed and be
e lieves that such claims are az herin
after set forth.
. Plaintiff further alleges that ther
= are persons whose names and resi-
> dences are unknown to her although
she has sought diligently to learn o
their names and residences who CLAIM
an interest IN the real estate abov
. described adverse to the claims herei
asserted in behalf Of plaintiff and tn
| WIDOW anu I1cub a. 40" VA SssSO~
Rolston, deceased. and that such un
:, known persons can only be designate
= as follows:
The unknown spouses. heirs at Law
!, devisees or grantees respectively OF tn
\ foregoing named defendants and tn
unknown persons claiming an interes
. in and to said realty by inheritance
dover. grant or dover right vested
- inchoate, thru or from the above name
- defendants or some of them whor
~ they claim were the owners In fe
= simple OF said lands or some porto
= thereof, and the unknown persons VIII
;. by right Of inheritance. dover, devils
!, or grant thru or from such spous
a heir at law, devisee or grantee. and tn
h unknown surviving spouse. heir at laS
Il devisee or grantee OF such unkno"
i, person or persons claiming an intere!
d in some portion Of the aforesaid realt
Z and that each and all Of said defend
# ants are non-residents OF the state
IL Iowa and such residence is unknown
III plaintiff, but that the interest of sue
l. unknown persons. defendants. 30 Il
Of ss plaintiff il able to designate vii
y particularly and the mode OF devol'
al tion Of said alleged claims Of title q
ID as follows: =,
tn That Florence Abel Byrns. II
Ill sole surviving heir at law :
10 Thomas b. Abel, being an unmafrit