Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1919-09-03
ORIGINAL NOTICE.
In the District Court of Iowa In and
For Winneshiek County.

Last Will and Testament of Anna
Maria Phelps, deceased, Plaintiff
VS..
Mrs. Bertha Phelps Martin, Viola
Phelps Carpenter, Lillian Phelps
Merrill, Thomas F. Phelps, Fred.
rick S. Phelps, Vera Phelps,
James Nolan, and the unknown
heirs of James Nolan, James Nolen
and the unknown heirs of James
Nolen, and William A. Sanford,
William S. Carpenter, Thomas F.
Phelps, Executors of the last will
and testament of George Phelps,
deceased, Unknown heirs of John
NJ. Green and Mrs. John NJ. Green,
Mrs. Leonard Standring, John H.
Clark, Mary Clark, John Clark,
And the unknown heirs of John
H. Clark, Mary Clark and John
Clark, Mrs. John Blake, And the
unknown heirs of Mrs. John
Blake, John Clark and James
Clark, Defendants.
To each and all of the above NAM
ed Defendants:
You and each of you are hereby
notified, tnat there is now on file, in
the office of the Clerk of the District
Court Of Iowa, in and for Winneshiek
County, the petition in equity for
partition of the above named plain
tiff, claiming that ANNA MARIA
PHELPS died in Cheltenham, Eng
land, August 21, 1918, the owner in
fee of an undivided one-third, 1-3 in
terest in and to described real es-
tate to wit:
10 IN ncf nrfA
Il section 16, township 100, North
of range 10, West of the fifth P. NJ
The Northeast quarter of the
Northeast quarter Is. w. a and the
East " one-half of the Southeast
quarter S. E. n of the Northeast
One-quarter IN. E. u section II,
township 100, North range 10 West
of the fifth P. M. in Fremont town
ship, Winneshiek County, Iowa.
That she left last will and testa-
ment which was duly admitted to
Probate and Probated in District
Court of Iowa, in and for Winneshiek
County, on the goth day of June,
1919 and the plaintiffs herein are
the duly appointed, legally qualified
acting executors of said estate, that
there are not sufficient funds or per-
sonal property available for the pur
pose of paying legacies, that the
plaintiffs herein under the terms OF
said will, are entitled to sell one
third 1-3 of the above real estate, be-
cause of the lack of the sufficient
personal property or funds, that the
defendants William A. Sanford, VIII
liam 5. Carpenter, Thomas S. Phelps,
Executors of the last will and testa-
ment, of George Phelps, deceased, are
the duly appointed and qualified
executors of the last will and tesla
ment of said George Phelps. deceased
and that they have paid the legacies
provided for in said George Phelps
will, that the defendants Viola
Phelps Carpenter, Lillian Phelps
Merrill, and Thomas F. Phelps, and
Frederick S. Phelps are the residuary
legatees in the will of the said
George Phelps deceased, who for
mally owned all of said real estate
in his life time, are entitled to an
undivided two-thirds 2-3 of said
real estate above described, as fol-
lows: Viola Phelps Carpenter one
half ", of two-thirds 2-S,
Lillian Phelps Merrill one-fourth u
OF two-thirds 2-3, Thomas F. Phelps
one-eighth Is of 2-3, Frederick S.
Phelps one-eighth * of 2-3, The
said James Clark and John Clark are
entitled to occupy said premises to
the first day of March 1920.
The defendants Thomas F. Phelps,
Frederick s. Phelps, Mrs. Bertha
Phelps Martin, and Miss Vera Phelps
are the residuary legaties under the
last will and testament of ANNA
MARIA PHELPS, deceased.
The said ANNA MARIA PHELPS,
deceased was the widow of the said
GEORGE PHELPS, deceased and re-
fused to take under the will of the
said GEORGE PHELPS and elected
in Court to take and was awarded a
one-third 1-3 interest as her dover
right OF all of said GEORGE
PHELPS property.
That the several owners OF the
above described premises and parties
interested therein and entitled there
to are unable to agree mutually up
On division thereon, plaintiff asks
that the interest and shares of the
parties thereto, be established in and
to real estate and that partition
thereon be made and that the same
be sold at public auction or private
sale and that the interests of all
other defendants be decreed junior
and inferior. That the Plaintiff have
Judgment for costs including an
attorney fee and the same be made
alien upon said premises.
Now. therefore, unless you appear
thereto and defend on or before noon
of the second day of said next term
of Court, to be held at DEBORAH,
Iowa, commencing Monday the 22nd
day of September A. D., 1919, your
default will be entered and judy
ment will be decreed against you in
accordance with the prayer of said
petition, dated Aug. 20, 1919.
E. R. ACRES,
Attorney for Plaintiff.