The journal. (Caldwell, Ohio) 1934-1961, 1955-04-28
Gerald LOuett Files Action

iod of more than twenty go
years last past he has trustee
and believed in his defendan
sisters; that from time to time
they promised further distribu
ton to him from sale of coal ane
oil; and that a relationship o.
trust and confidence in them has
existed during said period; thai
said defendants have failed tC
inform or advise plaintiff oI
their actions in relation to the
assets of said estates and have
Wrongfully concealed informa.
ton from plaintiff, even though
requested by plaintiff to reveal
same, all of which has been
with the intent to deprive and
defraud the plaintiff of his right
full share in said estates. That
said fraudulent intent and pur-
pose on the part of said defend
ants were not discovered by
plaintiff until first day Of jan
uary, 1855 That on the 18th day
of September, 1899, plaintiff and
wife was induced by the false
representations of defendant
sisters and because of plaintiffs
trust and faith in them did sign
q document which plaintiff later
learned was a deed to said farm
to his said sisters which deed
was filed for record in the Re-
corder's Office Of this County
in Volume 81, page 126, on the
10Th day of September, 1889;
plaintiffs signing of said deed
was without consideration what
soever; that on the End day of
February, 1945, defendants,
Pearl Ullman and Blaine Ullman
conveyed by deed said farm to
Charles Kirchner, husband of
defendant, Elsie Kirchner, their
undivided one-half (1a) interest
therein. The said Charles Kirch-
ner died intestate on or about
the 7th day of May, 1854, leaving
as his sole heirs at law his son,
John Kirchner, defendant, and
his wife, defendant Elsie Kirch-
ner.
Plaintiff does not know the
amounts paid as royalty for oil,
Plaintiff further says that in
all dealing and transactions re-
lative to said estate he trusted
and believed in his defendant
sisters and relief upon their
representations and was caused
to believe that he was receiving
an advancement on his share of
monies due home from said
estate.
WHEREFORE, plaintiff prays
that said defendants, Elsie Kir-
elmer and John Kirchner, may
be declared trustees for plaintiff
in and Of said property, real and
personal, described aforesaid and
for the use and benefit of this
plaintiff; that an accounting may
be had from defendant sisters as
to the rents, royalties and pro-
fits and said land for the oil
produced and coal removed from
said property; the sale of the
real estate to THE COUNTY OF
NOBLE and damages paid by
the State of Ohio, Department
of Highways of the lands refer
red to in the petition; and all
other profits arising from the
assets of the estates of Wesa
LoVett and j. T. Lovet, deceased;
that judgment may be had for
any amount found to be due
said plaintiff from said defend
ants or either of them or any
of them: that said defendants
may be restrained from dispos-
ing of said property; of the
rentals, royalties, income or
other property there from; that
defendants Elsie Kirchner and
John Kirchner may be ordered
and directed to transfer the
possession and title thereof tc
this undivided one-third ga
interest in the said farm; togeth-
er with his one-third (5)) inter
est in the royalties from the pro-
duction of oil and gas and the
removal of coal thereon and
insaid farm; also that the defen-
dant, Pearl Ullman, reconVey to
plaintiff the one-eighth (i8)
working interest above mention
ed hereon, together with the in
come heretofore received since
conveyance to her; that the
defendant, the Buckeye Pipe
Line Company, be restrained
from crediting anyone except
plaintiff with such one-third (1a)
interest of the plaintiff in the
royalties for oil produced on
said two hundred sixty (260)
acre tract above referred to;
together with all payments due
under said working interest or
agreement" and that the defen-
dant, Harris Industries, Inc, be
restrained from paying any
royalties to these defendants
for the removal of coal or other
minerals from their said farm
and for such other and further
relief as may be necessary and