The Leon reporter. (Leon, Iowa) 1887-1930, 1919-04-03
Page EIGHT
Original. Notice.

In the District Court of Iowa in
Original Notice and Order for the
Publication Thereof.
In the matter of the Estate Of
William Summers, Absentee.
To John Mcdaniel, John Weldon,
drew Mcdaniel, Permelia Capps,
,5llia Ann Summers, William Sum
ners, John Summers and All 9th
Ter Unknown Heirs-at-law, Devil
Z sees and Legatees of Eliza Sum-
mers, Julia Ann Summers, Will
lam Summers and John Summers,
and Of the Ab1ye M 2 e Absentee lbs
ing a regular day of the February,
1919 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
petition of A. r. Weldon in the estate
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 A. T.
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 mn fwo a of6nr
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 \ McD Ran
don, DAVIS City, Iowa; John Weldon,
Gainesville, Missouri; Frank Amy,
Medford, Oregon; Larkin MCDANIEL,
Bay City, Texas; Andrew Mcdaniel,
Tar River, Oklahoma; Permelia
Capps, Byron, Oklahoma; Julia Ann
dUly uGdu) "ll1ld1u ouu1AAOiS, az
sentee, address unknown, (probably
dead); John Summers, address
unknown (probahly 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 $3,000.0O or
$500. 90 each; that the said William
Summers, absentee, has concealed
his whereabouts for a period of
more than 40 years; that the
estate and property LETT by Lar La1,
is in Decatur County, Iowa, and
is in the possession Of the petit,
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
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. Larkin
Mcdaniel, Andrew Mcdaniel, Per-
ueIla CappS anu "A. Ivy eiuoh' poei-
TONER.
It is further ordered that the with
in and foregoing is the notice pre-
scribed by this court in said cause;
that the sa me be addressed to said
absentee and his heirs named herein |
md published in the Leon Report
En-" a newspaper Of general circula-
Tor a period of eight. consecutive
weeks, and that said notice be served
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 original
notice; that the proof OF publication
and service of said notice shall be
iered, 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 |
and if satisfied with the |
truth of the facts set forth in the pc.
tition concerning said absentee, shall
order Letters of Administration up
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 and
heir 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
ngly.
Signed in open court this l4th day
IF March. 1919. -
Judge Third Judicial District OF
TO all of which all persons named !
and interested will take due notice
and govern themselves accordingly.
G. w. HOFFMAN.
and v. r. McG1NNIS,
,2s8t Attorneys for Petitioner,
Original Notice.
r. ~. n;ctr;ct Court of Iowa IN I