The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-04-13

At rules held IN the ONCE or the clerk
West Virginia on Mondsy. tite 9Th day OF
April, 1911 the following order was en-
tered:
Benjamin w. Harbert ct Al.
vs., II In , &a1aaSery, PaIdin p Ash
Ienova g. Ash, the last named two be-
Ing INFANTS and Jesse Tolls. Ida Tolls,
Ltncoln Madden. Jennie eoifman, Eta
Frena Robey, Thomas = Harbert
Charles Herbert. Francis, Gunningh ham,
Fortney, Belle Brooks. L4orney Robinson,
Guy Harbert, Jeremiah NJ. Harbert, asar-
E Fla ncis ~ NJ 'fIarberf. JACOB Harbert,
Isaiah 1dofatt. Phoebe Smith. James
Minnie Minnie smith. Alice F. Haynes. Francis
Mofiitt F'rona smith, Maud Stonestreet'
Mary Rector Aiice walker; S5eorge S JSp
liam Comman Benjamin r. German,
John Hnrbert, Charles IIarbert, Ciagd
IIarbert and Josephine Madden, Clyde
Maiden and Hayward Madden. the last
three being Infants; and parties uIl-
Borgess. decease are interested in the
estate of which the said Vega BoSgess
died seized, defendants
The object Of the above entitled suit
Is to ascertain whe cher a paper wiring.
designated as q will, purporting to have
ceased, who resided at or near the town
of Lumbe rpuI-t. in the County or Harri-
son and State OF West Virginia, and bear
Ing date on August 8. 1909. and admitted
to probate in the Office of the Clerk OF
~. on june II. 1912. which paper writ
ing is now Of record In the office of said
Clerk of said County Court OF Harrison
County. In VIII Book No -. page
is the true last will and testament
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 decreed
by this court not TO be the last win and
testament Of said Vega Boggess; and
for such other, further and general re-
lief the nature OF the case may re-
quire or equity may seem meet.
in this cause at April Rules 1914, thar
the .defendanGs Francis Cunningham,
Minnie Smith, Mary Rector, Alice Wall
Hayward Madden are. now. and during
the months Of December, 1914, and jan
uary and February, 1914, were. residents
of the County of Harrison. IN the state
of West virginia and that 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
Cunningham. Minnie Smith, Mary Rec
- e.offTnau and feyward Madden was
twice directed TO the sheriff OF said ITar-
risore- County in which the last men
tiune0 six defendants 10 now reside and
did so reside I the times tie said pro-
OF Harrison County; more than ten days
before the return day OF the said pro-
cess, and that the sald process , mas n peer
Of Harrison County without being exc
ryffeGi upon the said last mention ed seven
defendants; and that process against
the said defendant Francis ~ IIapberS
was twice directed to the sheriff or
KanawIia CountS- in which the SAID Fran
els NJ. Harbert does now reside ana CttCA
reside at the times the said process was
so, directed TO said sheriff 81 SaE1slN'i ma
County, and that such. process has been
twice delivered to such ShcrtH or kan
awha County more than ten days before
the return day of the said process, ana
that said process has been returned noth
times by the said sheriff OF FNRnsltN5lt /
County WI tl1out he ing eslecu ted upon the
said Francis n. Ez;trbert; md " further
appearing from said aftidavtt and rom I
tii{. bin He'd In this. suit that the names ]
of persons who are so interested IN Ittt
subject TO be dINte5sl or disposed OF by
this suit arc unlSnown- and such un-l
known persons are prayed. in and by the
said IlfIi to De made parties defendants
to this suit by the general desert ption
of Dartfes unknoVE-II.s-it Is ordered thtlt
the said Francis Cunningham Minnie
smith, Mary Rector, Alice w slll<er. 4
5s.orKe Coffnan B. Il. Goldman, Hayward
Madden and Francis II. HarDtrt, atfd
each of them, do appear here within one
month after the GATE OF the nrst pun
9tcation hereof and do what IS necsssstK'A
- V,rntect his Respective interest: and
IL Is further Abrdered that all untsfiovym
persons who are Or may pc Interested
IN tile property and estate or which tne
said Kegn. Borgess. died seized ana DOS
sSsssed THE title and right TO which is TO
nc Irrigated in this cause. and who are
made ;lareies defendants hereto ~ NEe
sreyf1ereI- description OF parties unNtloNtn r..
do appear here within one lRgnLn - -
and do what Is neceEsaTy 90 pEotesl silelt
dutere8tss
a oopy. "A ttesks
u WADE sssli3sEsa ~ kse3 ~.