The Leon reporter. (Leon, Iowa) 1887-1930, 1919-04-24
+, Original Notice.

In the District Court of Iowa in
and for Decatur County February
Original Notice and Order for the
In the matter of the Estate OF
| William Summers, Absentee.
To John Mcdaniel, John Weldon,
Frank Amy, Larkin McD };n l,a An
J Juiia Ann NID Summers, William Sum,
mers, John Summers and All 9th
er Unknown Heirs-at-law, DeYi-
sees and Legatees of Eliza Sum
| mers, Julia Ann Summers, Will
lam Summers and John Summers,
and of the Above Named Absentee:
this 14th day of March, 1873, it be
ing a regular day of the February,
1918 Term of the District Court
aforesaid this cause came on for
hearing upon the petition of A. T..
Weldon for an order of this court to
prescribe the notice and order. the
same published in the matter of the
Of William Summers, absentee, and
the court on reading said petition
and being duly advised in the prem
Uses, orders that the following notice
be and hereby is prescribed and an
order be and hereby is made as to the
publication thereof to-wit:
! That there is now on file in the
| office of the Clerk of the District
Court aforesaid the petition of 4: r.
Weldon alleging that the said Will
| lam Summers, absentee, was son
| of John and Eliza Summers, and
that his mother Eliza Summers was
the sister of Larkin Mcdaniel, late
now deceased; that the said Will
lam Summers, absentee, left De-
catur County, Iowa, about the year
1868: that the said Eliza Summers
died in Labette County, Kansas, in
the year 1876 and left as her sole
and only heirs-at-law, Julia Ann
Summers, William Summers, absen-
childen, as petitioner is informed,
whose names are unknown to him;
| that the said Larkin Mcdaniel, single,
died intestate in Decatur County,
Iowa, on or about the goth day Of
September, 1915, leaving as his sole
and only heirs-at-law, John McDan-
iel, Of Harlem, Montana; A. 7. VEL Wei
Gainesville, Missouri; Frank Amy,
Medford, Oregon; Larkin MCDANIEL,
Bay City, Texas; Andrew Mcdaniel,
Tar River, Oklahoma; Permelia
Caps, Byron, Oklahoma; Julia Ann
Summers, address unknown, (prob-
ably deaD; William Summers, ab.
sentee, address unknown, (probably
dead John Summers, address
unknown (probably dead and two
other children of the said Eliza Sum-
mers whose names are unknown;
that the part Of the, estate of the
said Larkin>> Mcdaniel that would go
to and belong to Julia Ann Summers,
Summers, and the. two children,
whose names and addresses are un-
known would be about S3,O00.00 or
100000 each; that the said William
Summers, absentee, has concealed
his whereabouts for a period or
more than 40 years; that the
estate and ii property ayId LETT t by o hav-
is in Decatur County, Iowa, and
is in the possession of the peti-,
toner, the duly appointed, qualified
and acting administrator OF the eS-
tate of Larkin Mcdaniel; that the
petitioner has made diligent search
and spent considerable money under
the order of court in trying to, locate
and find the heirs of the said Eliza
Summers, deceased; that SO far as is
known the following are the sole and
only heirs at-law of the said William
Summers, absentee, John MCDANIEL,
Frank Amy, John Weldon, Larkln
Mcdaniel, Andrew McDaniel, Per
mella CappS anu "A. l. "eiuoh' fe''
toner.
It is further ordered, that the with.
in and foregoing is the notice pre-
sscribad by this court in said cause;
that the same be addressed to said
absentee and his heirs named herein
and published in the Leon Report
err a newspaper OF general clTcuia-
for a period of eight consecutive
weeks, and that said notice be served
personally on all of the heirs residing
within the State of Iowa in the man
ner and for the length of time as IS
REQUIRED for the service OF orlglnal
notice; that the proof Of publication
and service of said notice shall be
made in manner and for the time or
dered, and at the expiration of said
time, be filed with said petition and
thereupon, if said absentee fails to
appear the court shall hear the proof
presented and if satisfied with the
truth of the facts set forth in the pc,
tition concerning said absentee, shall
order Letters of Administration up
on the estate of said absentee to is
sue as though he were known to be
dead and that the court may declare
said party legally dead, and may
hear proof and determine who the
legal heirs of said absentee are ana
their respective interests in said es-
tate, and for such other and furtner
order as the court may find necessary
and proper.
To ali of which you will take due
notice and govern yourselves accord
ingly.
of March, 1919.
II. X. Evans.
Judge Third Judicial District of
Iowa.
To all of which all persons named
and interested will take due notice
and govern themselves accordingly.
C., w. HOFFMAN,.
, and V. R. McGINN1S,
32-St Attorneys for Petitioner.
Original Notice.
IL