The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-04-20
Beniamin ". TIarbert ct al.

april! 1919 the 1pilpWlnB oFoef was gu
Benjamin w. Harbert ct al
VS.. In Chancery.
Kenova B. Ash. the last named two be-
ing infants; and Jesse Tolls. Ida Tolls.
Lincoln Madden. Jennie Conman, Eta
Robinson. Efie Shreves. Verde Lanhana,
Charles Harbert. francis cunningham.
Fortney, Belle Brooks, Lorney Robinson,
Guy, Harbert. Jeremiah NJ. Harbert. Mar
Francis NJ. Harbert, Jacob Harbert.
Isaiah Moditt, Phoebe Smith. James
Moff1tt, George Mofitt, Benjamin Mofitt,
Minnie smith. .AI1ce F. Haynes, Francis
doffitt Froha Smith Maud Stonestreet,
Mar Rssf4r a55Ge wal d o e9Tge VII VII
liam Coffman. Benjamin =, Coftman;
John Efarbert, Charles aarbert. Ciaud
Madden and Hayward Madden, the last
three being infants; and parties pn-
known. who as the heirs-at-law Of. Vega
Borgess., deceased, are interested in the
estate OF which the said Vega Borgess.
died seized. defendants.
The object of the above entitled suit
Is to ascertain whether paper writing,
designated as viii, purporting to have
ceased who resided at or near the town
of Lumberport in the County of Harri-
ing date on August ., 1908. and admitted
to probate in the office of the Clerk of
the County Court Of said Harrison Coun-
ing is now of record in the office of said
Clerk of said County Court of Harrison
Ills the true last VIM and testament
of the. said Vega BoggeSs who is now
deceased. and to have the said probate
OF said paper writing so purporting to
be a Will set aside and to have said
paper writing adJudicated and deereed
by this court not to be the last will and
testament OF said Vega Borgess.; and
for such other, further and general re-
lief as the nature of the case may re-
Quire or equity may seem meet.
And it appearing by an afhdaylt Med
in this cause at April Rules. 1914, that
the defendants Francis Cunningham.
Minnie Smith, Mary Rector Alice Wal
Ser, George Coffman, q. r. Coffman and
Hayward Madden are now, and during
the months OF December, 1913, and jan
uary and February. 1914, were. residents
Of West Virginia, and fFf1t during said
times the defendants Francis NJ. Har-
bert was, and she is now, a resident OF
the County of Kanawha, In the State OF
West Virginia. and that process in this
suit against the said defendants Francis
tor, Alice Walker, George German, b.
R. Conman and Howard Madden was
I.ison4 County in which the last mem
toned six defendants do now reside and
cess was so deMvered to the said sheriff
Of Harrison County. more than ten days
before the return day OF the SAID pro
Returned both times by the said Sheriff
Of Harrison County without being exc
defendants; and that pEoceSs against
the said defendant Francis NJ, Harbert
was twice directed to the sheriff OF
ISanawha County in Whic the. said Fran
els M Harbert does now reside and did
reside at the times the said process was
so directed to said sheriff OF kanawha
County and that such process has neen
twice delivered to such sheriff or kan
a ySy1a County more than ten days before
the return day OF tho said process, and
that said process has been returned botA
times by the said sherfm Of Kanawha
County without being executed upon the
said Francis Nj. Harberts- ana II further
sDpearing from said AFFIDAVIT and from
the bill filed in this suit that the names
OF persons who ara so fntereS ted IN. the
sIibiect to be, divided or disposed or by
known persons are prayed In and. by the
SAID biiI to be made parties defendants
TO this suit by the general description
at parties. unknown; Il, lis ordered that
the said Francis Cunningham, y lnnie
Smith, Mary Rector Allce ~ alker,
george C,oWnaaH, q. r. Comuans HeNIard
Madden and Francis NJ. Harpert ana
lf6 az them, do appear here within one
r9outf after the data OF the .frst pubs
1JsSaf zion hereof and do what is necessary
TO protect his respective interest; ano
II Is further ordered that ali UNKNOWN
ySsrsOns who are Orfmay be interested
ia the property and estate OF which the
said VEGA Borgess. died seized and pos
sessed the title and right to Ehicn IS 20
~ Inflated in this cause. and Who~ar
General description of parties sl1nSLowns
dio appear here within 'o9le month atte1.
rs date 0f the hrst publication hereof
ana 40 what Is necessary TO project tneir
intefest8, s( sas
eOpS WADE coF,EnAElAf1,4 CLERK.
fsg4 a RIBS ri JOHNSON
cal