Anne Thomas suit against Tibbatts heirs for portion of estate - Susan Cook (Hemingray), Conway & Robin listed as defendants [ad]

LEGAL NOTICE.

Publication for Non-Resident

Defendants.

State of Ohio. Hamilton County Court

of Common Pleas.

Martina Lanza D'Ajeta, Guiseppe Lanza D'Ajeta and Blasco D'Ajeta, a minor aged 19, all of Florence, Italy; John T. Hodge and Grace W. Hodge of Park avenue and Nelson place, Newport, Ky.; Georgie Hodge Bailey of 231 Monmouth street. Newport. Ky.; Samuel M. Bailey and Grace Bailey, care of The Jackson Cottage, Hendersonville, N.C.; Virginia L. Hodge, residence unknown; Henry C. Timberlake, Route 2, P. O. Box 373, Sulphur Springs, Fla.; Thornton (T. S.) Timberlake, residence unknown; Viola Timberlake, Josephine A. Ireland and Lloyd K. Ireland, Lloyd K. Ireland. Jr., and Josephine A. Ireland. Jr., both minors under 14, all of 3001 Chapin avenue, Tampa. Fla.; Henry Thornton Timberlake, Mary Timberlake and Jack Timberlake, a minor under 14, all of 242 East First South street. P. O. Box 14 Salt Lak City, Utah; Conway Hemingray, if living, and ____________ Hemingray, his wife, whose real first name is unknown, and both of whose residences are unknown; the unknown heirs, and devisees of said Conway Hemingray, if he be dead, whose names and residences are unknown; Susan A. Cook and Clifford James Cook of 404 Allen streer, Kelso, Wash.; Robert (Robin) C. Hemingray, if living, and Kate Hemingray, residences unknown; the unknown heirs and devisees of Robert (Robin) Hemingray, if he be dead, whose names and residences are unknown; Donald A. Scott, a minor, aged 18, and Robert A. Scott, care of Scott Hardware Co., Mun­cie. Ind.; Frank H. Tibbatts, an insane person, confined in Lakeland Asylum, Lakeland, Ky.; John W. Tibbatts, Jr., Lucy T. Tibbatts, Susan T. Tibbatts, Committee and Custodian of said Frank H. Tibbatts, an insane person; Susan T. Tibbatts, individually, all of 572 East Fourth street, Newport, Ky.; Isabella Tibbatts of 1122 Pine street, San Francisco Cal.; Margaret B. Tibbatts, care of Isabella Tibbatts, 1122 Pine street, San Francisco, Cal.; Elizabeth Tibbatts, Sr. and Elizabeth Tibbatts, Jr both of 13 Central Arcade Bldg., Cocoa, Fla., will take notice that on the 29th day of July, 1926, Anne T. Thomas filed her petition, case No. 201,575, Court of Com­mon Pleas, Hamilton County, Ohio, against the above-named and other defendants, alleging that by the will of Zachary T. Tibbatts, Vol. 22, Page 241. Hamilton County (Ohio) Will Records, she is the owner of an estate for her own life in the property hereinafter described and by virtue of certain deeds and the will of her deceased husband, Ben F. Thomas, she now is the owner of seven undivided 1-15th parts thereof in fee simple, subject to her life estate therein and subject to becoming divested in case she dies leaving issue, that plaintiff, together with the above-named and other defendants, are all the now in being who are interested in said premises, or by the terms of said will of Zachary T. Tibbatts and the deeds and will above set forth, and certain other deeds to one Sally Clippinger, may here­after become interested therein; that a sale of said premises, or lease thereof, with or without privilege of renewal or purchase or otherwise, would be greatly for her benefit as tenant for life, and do no substantial injury to herself or the other defendants to said action or others as owners of interests therein in expectancy, succession, reversion, remainder or otherwise, that the real estate sought to be sold or leased is described as follows:

"All that lot of land in the City of Cincinnati, Hamilton County, Ohio, beginning a part of Inlot 292 on the original plan of said city. Beginning on the south side of Fifth street, at the northeast corner of a lot six (6) inches in width conveyed by John H. Puthoff to Edward Woodruff by deed recorded in Deed Book 91, Page 413, Hamilton County (Ohio) Records, said point being one hundred and six (106) feet one-half (1/2) inch east, of Elm street, and being in the middle of a twelve (12) inch brick partition wall, thence south along the east line of said six-inch lot and in the center of said partition wall, ninety-nine (99) feet six and three-fourth (6 3/4) inches to a point in the south line of said Inlot, one hundred and five (105) feet one and one fourth (1 1/4) inches east of Elm street, thence west along the south line of said Inlot thirty-three (33) feet five (5) inches to a point in line with the west side of the west wall of the brick build­ing on the lot hereby conveyed, thence north along the west side of said wall ninety-nine (99) feet six and three-fourth (6 3/4) inches to the south side of Fifth street, thence east along the south side of Fifth street thirty-three (33) feet five and one-fourth (5 1/4) inches to the place of beginning and being the same premises conveyed by Edward Woodruff to Henry Geise by two deeds recorded in Deed Book 96, Page52 and Deed Book 130, Page 245, Hamilton County (Ohio) Records, and the same premises conveyed by Henry A. Geise and wife to Keturah L. Harris et al. Book 276, Page 437, Hamilton County (Ohio) Records, and by the heirs of Ann W. Tibbatts to said Zachary T. Tibbatts by deed recorded in Deed Book 372, page 494, Hamilton County (Ohio) Records, and also the same property de­vised by the will of Zachary T. Tibbatts to said Ann (Anne) T. Jones (now Thomas) by will recorded in Vol. 22, Page 241, of the Will Records of the Probate Court of said county.”

That the said petition prays for a sale of said real estate, free and clear of all claims or interests of all defendants in such manner and upon such terms as may seem best to the Court, or for a lease of said premises, with or without privilege of renewal or purchase, and for the appointment of a Trustee as provided by law and for all other proper relief.

The defendants above named will take notice that unless they answer or de­mur to said petition by the 9th day of October, 1926, the same will be taken as true, and judgment taken against them as prayed for.

                                    ANNE T. THOMAS, Plaintiff. F. O. SUIRE and L. H. KYTE Attorneys, 914 Mercantile Library Bldg. Cincinnati. O.