Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1936-09-24
Court House News
COMMON PLEAS COURT

part VI Sdlu lduu, anu JndL IL mas
been used by adjoining property
owners for more than 25 years, but
there is no public highway on said
premises. Plaintiff states that on
Sept. II, 1886, defendant without
right or authority, entered upon his
premises and began excavating dirt
and cutting into the bank in close
proximity for the stated purpose of
widening said right of way, used
by defendant and others; that said
excavations have damaged plain
tiff's premises and if continued will
undermine his house. Plaintiff
AYERS defendant has threatened to,
and will, unless enjoined by the
court, continue to excavate on said
premises, without. the license, con-
sent Or permission of plaintiff, and
that such acts will result in loss and
damage to plaintiff, for which he
has no adequate remedy at law. The
court has allowed a temporary in
junction.
In the money action case of Tay-
lor F.. Fain VS.. Mary Simpson,
plaintiff is ordered to give bond for
500 for security for costs, or de-
posit $25 with the clerk of courts
within Is days.
Case Appealed
The case Of the Citizens National
bank, of GAINESVILLE. VS.. Board of Ed
ucation of York township, has been
taken to the court of appeals.
In the partition case of Floyd L..
Smith, as guardian of Jack Warren
Fouts, a minor, etc., (heirs of Chas.
e. Fouts, deceased), order for par
tition. NJ. E. Danford is appointed
guardian ad litem of said Jack War
rem Fouts.
CognOvit Judgment
Kenneth M. Coole (M. & NJ Mo-
tor Co.. is given judgment on a
cognovit note, against Henry V.
Pattin and Mrs. Henry Pattin, in
the sum of $146.66, and costs.
In the matter Of Glenna Harper
Dye VS.. c.. III. Harper, in which de-
fendant filed order to modify decree
as to custody of minor children,
hearing was had Wednesday by
Judge Lyme, who modified the origi-
nal decree, as of May 81, 1893, his
finding being that defendant is ex-
cused from making the $35 month
ly payments, provided for in the
original decree, until the plaintiff
returns said children to defendant.
At the time the court fixed for the
first hearing on the modification Of
the order, the plaintiff failed to put
in appearance, and it is stated, re-
turned to CaIifar5a, where she and
her husband are resTEresfding, taking
with her the two minor children.
PROBATE COURT
Mrs. Matte Weber, the person
named in the will, is appointed eX-
ecutor of the estate of Louis j. We
ber, deceased, without bond.
The will of Sarah D. Barnes, de-
ceased, late of Stockport, is admit
ted to probate. By it's terms all
property is bequeathed to her son,
Kenneth w. Barnes. The will di-
rects that there be no appraisement
OF her household goods and furni-
ture, and that no bond be required
of said Kenneth W. Barnes, who is
named in the will as executor. The
date Of will is March 6, 1885, and
it is witnessed by Francis S. Doudna
and Margaret Doudna.
The will of J. D. Dulaney is ad-
mitted to probate. By it's terms all
property is bequeathed to his wife,
Emily Jane Dulaney, for and during
her natural life, and if it becomes
necessary for her proper main
tenance and support, she may sell or
dispose of SO much of said residue
as may be necessary therefor. All
the rest is bequeathed to his chill
dren-Frank NJ, and Alice E. Du-
laney, Ernestine D. Ball, John H.,
Willard E. and Kenneth Dulaney,
share and share alike. F. M. and
Alice E. Dulaney are named in will
as executor, with request they serve
without bond. The will bears date
of July Is, 1880, and is witnessed
by Frank McDermott and Emma
Van Fleet.
M. P. Daniel as administrator OF
estate of Maggie E. Daniel, deceas-
ed, files first and final account,
which is approved. The court al
lows administrator $25 for compen-
sation. Estate is fully settled and
administrator is discharged.
First and final account is filed in
the estate of William Johnson, de-
ceased, which is approved. Estate
is settled according to law, and said
administrator is discharged.
In the matter of the estate OF Ag-
mes A. McVegh, deceased, account
is continued; also account is con-
tinued in the matter of the trustee
ship of a fund under the will Of J.
w. Ludman, deceased.
A petition is filed by Alvertus e
Bingham, guardian, to borrow mon.
ey, and mortgage real estate OF
Mary Frances Bingham, minor, tc
borrow money to pay mortgage and
Indebtedness on premises described
in petition. A. B. Mercer is ap.
pointed guardian, . ad litem of said
Mary Frances Bingham.
Schedule of claims, debts and liza
bilities is approved in the matter OF
the estate of Julia H. Murphey, de.
ceased. Charles e. Murphey and
Hettie L. Kennard as administra'
tors of said estate, file first and final
account.
Inventory is filed in the estate Of
John r. Molyneux, deceased.
Il. ]. Weber's Will Admitted
The will of L. J. Weber, late ol
McConnelsville, is admitted to pro
bate. BY it's terms his law library
fixtures and furniture are beQueath
ed to his son, William L. Weber
The will states "all debts due me OF
Iadvancements made by me to eact
and all OF my children, prior to thu
ACKNOWLEDGEMENTS
IS Deaths Toll
Cart ~ RI "a 1914