Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1936-10-01
Court House News
COMMON PLEAS COURT
Suits Against Malta Board OF
pvvhD1c Affaivc
Public Affairs

0ulCS AXdluSV NldItd I1OdrU VI
Public Affairs
| Frank Northrup has filed suit fol
injunction and equitable relief
against the board of public affairs
Malta village-A. j. Frash, "Scoop'
j Dempster and Smith Riley. Plain.
tiff states he is one of the custo.
mers of the waterworks system in
Malta; that about Nov 1, 1885, said
board installed water meter on
the water main serving his premi-
ses, and established a rate Of Csc
per 1000 gallons of water. Plain
tiff states that prior to that date he
paid $40 per year for water SER
vice, which rate was based upon the
duly adopted schedule of rates es-
| tablished by the village for the sale
| of water to all residents of said vii
lage. Plaintiff alleges that in the
installation of the meter and estab-
lishment of rate for water rem
tails in said premises, the defendant
acted without property authority in
law and that the rate SO establish
ed is discriminatory rate, whereby
plaintiff is compelled to pay more
for his water rent than do other
residents of said village. Plaintiff
! AYERS that he has refused to pay the
bills as rendered to him by defend
ant, because they are discriminatory
against him, and because they are
not property adopted by law Plain
tiff says he has rendered to said
board the annual rental which is fix
ed by law in the village Of Malta,
\ n n hot 0rI I,
tender. Plaintiff states that he has
received notice that his water SER
vice would be shut off Sept. 30,
1886, and defendant will, unless en-
Joined by this court, shut off the
water. Plaintiff asks that defend
ant be enjoined from the collection
of said rate for water, and from
shutting off water. The court al
lows temporary injunction.
NJ. D. Martin, proprietor of the
Malta hotel, has filed like suit
against said defendants, in which
temporary injunction is allowed
him. He has been paying an annual
rate of $31.
PROBATE COURT
Order for guardian to mortgage
real estate of ward, in the matter of
Alvertus G.. Bingham, guardian of
Mary Frances Bingham, a minor, for
certain purposes set out in petition.
Said guardian is ordered to execute
"a note for $1,000 in favor of The
Federal Land Bank, Louisville, KY,
and to- secure same by executing a
mortgage on lands in Homer town
ship, in which ward has a con-
tingent undivided one-fourth inter
est, subject to the life estate of AL
vertus G. Bingham, father of said
ward.
Authority is granted to transfer
real estate, 118.47 acres, of the late
Sarah Jane Richardson, Meigsville
township, to James Hervey Hender-
son, nephew, whQ inherited it.
G. w. Mummey. as executor of
the estate of Nina B. Mummey, de-
ceased, files first and final account,
which is approved.
Minnie Sharp, guardian of Rus
sell Tavenner and Eula Tavenner,
files first and final accounts which
are approved Said fiduciary is al
lowed compensation in the sum of
$25, in each transaction.
J. A. Taylor, as administrator of
the estate of Charles Elwood Fouts,
deceased, files second and final ac-
count, which IS approved. Said ad-
ministrator is allowed compensation
in the sum of $14.29.
John Brock, guardian of w. D.
Brock, files account, which is ap-
proved. The court finds account has
balance, of $139.55.
Effie Benjamin, guardian of Ivan
e. and Robert V. Benjamin, files
first partial account, which is ap-
proved The court finds q balance
of $3,573.73, due said wards in
hands of said guardian.
Estate of Francis M. White, de-
ceased, is not subject to inheritance
tax. Gross value of estate is $3,-
653.40; debts and costs of admin
istration are $1,743.85; actual mar
ket value is $1,909.55. Estate pass
es by will to Bessie White, widow,
$636.51; and balance to Delbert,
Walter, Fred and Glenn White, sons,
and Carrie Chappelear, Ruby Nor
row and Thelma Carpenter, daugh-
ters, in equal shares.
Carlos M. Riecker, administrator
of estate of Hannah Lynn, files first
and final account.
The will of Tessie Chapman, late
of Windsor township, is admitted to
probate. BY terms of will she gives
"all possessions monies, bonds,
lands and personal property to her
husband, F. C. Chapman, the same
to be his at her death, except she
states she bequeaths to Bertha T.
Cooper all silver knives, forks and
spoons, and quoting from will "pro-
vided that my husband, Frank
Chapman, destroy by burning OF
otherwise, all my personal belong
ings such as clothes and keepsakes,
and everything in the house that
belongs to me-" The will bears
date of Feb. II, 1886, and is wit
messed by Claud V. Davis and j. M.
Davis.
Estate of Hannah Lynn, deceased,
is not subject to inheritance tax.
Net market value of estate is $685.
8S. Estate passes by law to Rebec-
ca Mccain, Mary Angel and Thos.
Hale, sisters and brother, each $52.-
%; Warren and Russell Lynn, neph-
ews, and Martha Lynn McGrath.
niece, each $17.41.
Authority is granted to transfer
real estate in the matter of the es-
tate OF Joseph D. Maxwell, to Ken
meth Nesselroad, grandson, to whom
the estate passes.
Marriage Licenses
Kenneth v. Marsteller, labOrer,
son of Robert and Beatrice Medows
Marsteller, Willard, o., and Ruth
North, GlOuster route three, daugh-
ter of James and Fora Parker North.