Mexico Missouri message., 1918-04-11

Missouri.
Plaintiffs state that they are the
sole heirs at law of Maria Rankin,
deceased. who intermarried with
James H. Todd of Augusta County,
Virginia. that Maria Rankin Todd
was the daughter of Armstrong Ran
kin, Sr., who died testate, in Au-
drain County, Missouri, on or about
| the 25th day of October, 1875, lcav-
! ing a large estate in lands and per-
sonal property; that the will OF
said Armstrong Rankin, Sr., was du-
| ly probated on the LIST day of Novem-
! Der, 1875, and is recorded in VIII
| Book "a" at page 491 in the Pro-
! bate Court records of Audrain Coun-
! ty, Missouri; that among other pro-
visions in the said will the said tes-
tator devised and gave in trust
large residuary share in his estate
| to his son, Howard Rankin.
Plaintiffs state that on or about
the 9Th day of March, 1886, that
Mary Rankin, daughter of the said
! testator, executrix of his estate and
| trustee under the will of the prop
erty and estate of the said Howard
Rankin, acting with other beneficial
ries under the said will, traded and
exchanged certain lands in Audrain
! County belonging to her fathers es-
tate. with one John S. Smith, and in
vested a portion of the funds belong
! ing to the trust estate of the said
brother, Howard Rankin, in an un-
divided fractional part of certain
other lands in Audrain County,
Missouri, formerly belonging to the
said John S. Smith, and more par
| ticularly described as follows: The
East half of the North East quar-
| ter of Section Seven ca and the
West half of the North West quar-
ter of Section Eight (S), all in
Township Fifty (50), Range Eight
! (S), containing 160 acres, more or
| less.
Plaintiffs state that Maria Rankin
| Todd, died intestate, and that she
was the mother of plaintiffs r. A.
Todd, j. E. Todd, w. B. Todd and
Margaret Bass, and the grand
mother of plaintiffs II. E. Todd,
w. C. Todd and Pauline Hulvey,
who are her sole heirs at law, that
she was the sister of the said How
ard and Armstrong Rankin, de-
ceased, and that they, the said
plaintiffs, are the heirs at law of
the said Howard Rankin and Arm
strong Rankin, Jr.
Wherefore, plaintiffs pray the Court
that the said pretended deeds of
conveyance be adjudged and de-
creed null and void and of no
| force and effect ON the deed records
of Audrain County, for their costs
herein expended, and for such 9th
er and further relief in the prem
Uses as to the Court may seem just
and proper.
Plaintiffs further state that they
and the defendants are seized as
| tenants in common of the following
| lands, parcels or tracts of lands sit
uate in Audrain County, Missouri,
! to-wit:
The East half of the North East
quarter of Section Seven CD and
the West half of the North West
quarter of Section Eight (S), all
in Township Fifty, Range Eight
80, containing 100 acres, more or
less, and that the plaintiffs are
DESTROYS of a partition of the same
Plaintiffs further state that they
verify believe there are persons in
terested in and who claim to be
interested in the lands above de-
scribed in this petition, whose
names they cannot insert herein
| because said names are unknown to
! these plaintiffs or any OF them.
Plaintiffs further state that all
of the defendants, including those
whose names are given as well as
those whose names are unknown,
are non-residents of the State OF
Missouri and cannot be served
in this State in the manner pre-
scribed in Chapter 81, OF Article
4, of the Revised Statutes of the
State of Missouri for the year 1909.
Plaintiffs pray that a partition
of said lands may be made between
the parties, plaintiffs and defend
ants, according to their respective
interests as found adjudged and de-
creed by the Court, and plaintiffs
say that partition in kind cannot
be made without prejudice to the
owners of said land, and plaintiffs
ask that said lands may be or
dered sold nd the proceeds divided
among said parties in proportion
to an in accordance with their re-
spective interests and rights there
in as found and determined by
the Court, and for such orders,
DEGREES and relief as to the Court
may seem meet and just in the
premises.
1t is further ordered that said de-
PENDANTS be and appear in this
Court on the first day of the next
regular term thereof to be begun
and holden at the Court House in
the City of Mexico, Audrain County
Missouri, on MONDAY, the Third
Day of June, 1913, and on or before
the first day of said term answer OF
plead to said petition, or in de-
fault thereof said petition will be
taken and adjudged as confessed