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I
PAGE SIX
THE HEPPNER HERALD, HEPPNER, OREGON
Tuesday, April 13, 1920
SIMMONS
In the Circuit CouCrt of the State
( f Oregon, for Morrow County.
')'. J. Mahoney, Surviving Trustee
f the Trust Kstate of J. P. Rhea, an
Insolvent Debtor, Plaintiff.
vs.
J. P. Rhea, Paul Keitman, D. H.
Wilsay, Ed Cluff, John Hughes, Mrs.
E. Howard, Oscar Borg and Anna
ilnr;j, Executor and Eaxecutrix of the
Last Will of P. O. Borg, deceased;
Mary R. Halvorsen, E. L. Padberg,
Lydia E. Ray, Louis J. Padberg, W.
H. Padberg, and J. H. Padberg, heirs
at I.mw of' Henry Padberg, deceased;
Chris LeTellier, E. L. Padberg, M.
Bella Thompson and 'Ralph Thomp
son, heirs at law of J. A. Thompson,
deceased; George V. Smith, W. V.
Smith, The First National Bank of
Heppner, Oregon, a corporation,
Pauline Quaid, Ralph Swinburne,
hair at law of E. R. Swinburne, de
cerned; W. T. McN'abb, James N. Lu-ji.-t
, It. C. Morris, Mary D. Mcllaley,
Trustee for the Beneficiaries under
the Last Will of J. H. McHaley, de
ceased; Fanny Rood, heir at law of
Ed Hood, deceased; Nicholas Jonas,
A. M. Markham, K. F. Hughes, M. S.
Corngall, J. li. Natter, Jeff Evans,
Belli! I,e Lande, Eva Magrunn and C.
A. Rhea, Defendants.
To I). H. Wilsay, Lydia E. Ray,
CIiriH LeTellier, George W. Smith,
W. VV. Smith, Ralph Swinburne, R.
C. Morris. Nicholas Jonas, Jeff
F, van, :nd Belle Le Lande, of the
defendants above named.
IN THE NAME OF THE STATE
OF Oil EGON: You, and each of you
are hereby required to appear and
an:;wer the complaint filed againHt
you in the above entitled suit on or
beime six weeks from the 23rd day
or March, 1 ! j 2 0 , to-wit: On or be
fore the Oth day of May, 1920, and
if you fail to so appear and answer
the plaintiff will apply to the Court
for I he relief demanded In his com
pl iiiU herein, namely:
The object of this Buit is to obtain
a decree authorizing the Trusee of
the Trust set forth in the complaint
h t"iii to sell, mortgage, lease, ex
change, improve or otherwise deal
with tiie property embraced in said
trust , In accordance with the prayer
of said complaint, and more particu
larly as follows:
The ratification and confirmation
of the ai ts of William Hughes, E. D.
Rood and the plaintiff herein, ns co
tnr iees of the trust estato of the
d -I -udtint, J. P. Rhea, and of the
pliiiililf herein as surviving trustee
of mid Mint estate, and for authority
Gilliam
Can cut down your high cost of liv
ing by selling you
A Sliarpless or a Primrose Cream Separator .
that will save al! the Cream
A Surehatch Incubator that will Hatch the
Chickens while the Hen Lays the Eggs
An Electric or a Hand Power. Washing Ma
chine that keeps the Laundry bills at home
A Perfection Oil Cook Stove that lessens the
fuel expense
A Torrington Electric Sweeper that makes
Mouse Cleaning a Pleasure
Come in and sec these machines. All sold on
a positive guarantee. Your money refunded
if not satisfied
Gilliam & Bisbee
to carry out the terms of a certain and for such other and further or
contract heretofore, entered into be-' ders as may be necessary and proper
tween the said co-trustees and one
Nettie Mason for the sale of the fol- j
lowing described lands, belonging to
the said trust estate, to-wit:
The West half of the Northwest
quarter, the Southeast quarter of the
Northwest quarter, and ' the South
half of Section Two, (2) ; the South
west quarter of Section One (1); the
Southeast quarter of the Northeast
quarter and the Northeast quarter of
the Southeast quarter of Section Nine
(9); The Northeast quarter, the
Southwest quarter and the South
half of the Northwest quarter of Sec
tion Ten (10) ; the North half of Sec
tion Eleven (11); the Northwest
quarter of Section Twelve (12); the
North half and the Southeast quarter
of Section Sixteen (16); in Township
Two (2), South Range Twenty-four
(2-1), East Willamette Meridian, con
taining 2040 acres, all in Morrow
County, Oregon.
For the confirmation of the sale
o fthe following described lands to
one Lee Slocuni, to-vlt:
Beginning at the Northwest corner
of Southwest quarter of Southwest
quarter of Section Twenty-six (26),
in Township Two, (2), South Range
Twenty-six (26), East Willamette
Meridian, running thence South six
teen (16) rods, thence East ten (10)
rods, thence North sixteen (16) rods,
thence West ten (10) rods to the
place of beginning ,in Johnson's Ad
dition to the Town of Heppncr, con
taining one acre, and North half of
Southwest quarter, South half of
Northwest quarter, North half of
Northwest quarter of Section Twenty-
six (20), Township Two (2), South
Range Twenty-six (26), East Wil
lamette Meridian, containing 240
acres, all in Morrow County, Oregon
For authority to sell the tsecurities
to be taken on said sale to said Net
tie Mason.
For decree of the court fixing and
determining the amounts due the res
pective claimants and the said judg
ment creditors, and the amount to
bo paid each thereof pro rata, and
fixing and allowing reasonable at
torney's fees for the handling of said
trust estato and for the bringing of
this Hiiit, and for the payment of the
costs of this suit, and further de
creeing the distribution of the mon
eys then remaining in plaintiff's
hands as such trustee to the respect
ive creditors according to the respect
ive amounts found due them, and fur
ther decreeing that said trust estate
be closed and Bottled and the plain-
tiff discharged as trustee thereof,
herein.
This summons is served upon you
by publication hereof once a week for
a period of six weeks, in the Heppner
Herald, a weekly newspaper of gen
eral circulation in Morrow County,
Oregon, published at Heppner, under
and by virtue of an order duly made
and entered in this cause, by the
Honorable Gilbert W. Phelps, Circuit
Judge of the State of Oregon, for
Morrow County, and the date of the
first publication of this summons is
March 23rd, 1920, and the date of
the last publication hereof will be
May 4th, 1920.
SAM E. VAN VACTOR,
Attorney for Plaintiff,
Post Office, Heppner, Oregon.
SUMMONS
In the Circuit Court of the State
of Oregon, for Morrow County.
T. J. Mahoney, Surviving Trustee
of the Trust Estate of C. A.' Rhea, an
Insolvent Debtor, Plaintiff.
vs.
C. A. Rhea, T. J. Matlock, Emma
Welch, Chris LeTellier, Hanry Black
man, James Fitz, Oscar Borg and
Anna Borg, Executor and Executrix
of the Last Will and Testament of
P. O. Borg, deceased; The First Na
tional Bank of Heppner, Oregon, a
corporation, Sarah F. Wall, heir at
law of W. F. Wall, deceased; Mable
Hughes, M. S. Corrigall, John Mar
nion, Sybil McSwords, Nicholas Jonas,
Ralph Thompson and M. Belle
Thompson, heirs at law of J. A.
Thompson, deceased; E. F. Day, Fan
ny Rood, heir at law of Ed Rood,
deceased; H. D. Wood, Mary D.
McHaley, Trustee for the Beneficiar
ies under the Last Will of J. H.
McHaley, deceased; E. W. Rhea, J.
B. Natter, John Hughes, Jeff Evans,
A. M. Markham, K. F. Hughes, Paul
ine Quaid, Ralph Swinburne, sole
heir at law of E. R. Swinburne, de
ceased; Belle Le Lande, George W.
Smith, Eva Magrunn, Jack Marnott
and J. P. Rhea, Defendants.
To Emma Welch, Chris Le Tellier,
Henry Blackman, John Marmon,
Sybil McSwords, Nicholas Jonas, H.
D. Wood, Jeff Evans, Ralph Swin-
bourne, Belle Le Lande, George W.
Smith and Jack Marnett, of the De
fendants above named.
IN THE NAME OF THE STATE
OF OREGON: You, and each of you
are hereby required to appear and
answer the complaint filed against
you in the above entitled suit on or
before six weeks from the 23rd day
sbee
of March, 1920, to-wit: on or before
the 5th day of May, 1920, and if you
fail to so appear and answer the
plaintiff will apply to the Court for
the relief demanded in his complaint
herein, namely:
Tha object of this suit is to obtain
a decree authorizing the Trustee of
the Trust set forth in the complaint
herein to sell, mortgage, lease, ex
change, Improve or otherwise deal
with the property embraced in said
trust, in accordance with the prayer
of said complaint, and more particu
larly as follows:
The ratification and confirmation
of the acts of William Hughes, E. D.
Rood and the plaintiff herein, as co
trustees of the trust estate of the de
fendant, C. A. Rhea, and for the judg
ment creditors of the said defendant,
C. A. Rhea, and of the plaintiff here
in as surviving trustee of said trust
estate, and for authority to carry out
the terms of a certain contract here
tofore entered into between the said
co-trustees and one W. H. Padberg
for the sale of the following describ
ed lauds, belonging to the said trust
estate, to-wit:
The East half of the Southeast
quarter, the Southeast quarter of the
Northeast quarter of Section Four
teen (14); The Southeast quarter of
Section Twenty-two (22), the South
half of the Northeast quarter, the
East half of the Southwest quarter,
the Northwest quarter of the South
went quarter,, the Southwest quarter
of the Northwest quarter, the North
west quarter of the Northwest quar
ter, Southeast quarter of the North
west quarter nd the Northwest quar
ter of the Southeast quarter of Sec
tion Twenty-four (24) ; the West half
and the West half of the Southeast
quarter and the Northeast quarter of
the Northeast quarter of Section
Twenty-five (25); all in Township
Two (2), South of Range Twenty
four (2 1), the North half of the
Northwest quarter, the Northeast j
quarter, the Northeast quarter of the
SoMtheast quarter, the South half of
the Southeast quarter, the North half
of the Southwest quarter, the South
eats (luarior of the Southwest quar
ter, Lot Two (2) ; the Southeast quar
ter of the Northwest quarter, the
Northwest quarter of the Southeast
quarter of Section Thirty (30); the
East half of the Northwest quarter,
the Northeast quarter, the North halt
of the Southeast quarter of Section
Thirty-one (31), In Township Two
(2). South Range Twenty-five (25),
East Willamette Meridian, in Morrow
County, Oregon.
For authority to sell and convey
for the best sum or sums obtainable
3'i tne following described lands belong-
ing to said trust estate, to-wit:
; The East half of the East half
of Section Twenty-eight (28), the
Southeast quarter of the Southwest
quarter of Section Twenty-eight (28),
the West half of the Northwest quar
ter, the Northeast quarter of the
Northwest quarter of Section Thirty
three (33), in Township Four (4),
! South of Range Twenty-eight (28),
all East or the Willamette Meridian,
(In Morrow County, Oregon: also the
South 3ix feet or the North half of
Lot Ten (10) and the South half of
Lot Ten (10) In Block Seven (7),
all of Lots Eleven (11) and Twelve
(12) In BloeTc Seven (7), the South
si xfeet of the North half and the
South half of Lot Thirteen (13) In
raid Block Seven (7), and Lot One
(I) in Block Fourteen (14) of the
original Town of Heppner, Morrow
County, Oregon; also Lots Eleven
(II) , Twelve (12), Thirteen (13).
Fourteen (14), Fifteen (15). and
(sixteen (16), In Block Two (2), In
j the Town of lone. Morrow County,
Oregon.
For authority to aell the securities
to be taken on said sale.
I For derree of the Court fixing and
j determining the amount due the rea
pertlve claimant and the said judg
ment ctedltots. and the amount to
be paid earn thereof pro ruta, and fix
ing and allow In." reanonnuble attorn
ey's fee for the handling or nald
tru.it estate and for the brlmtlng of
till null, and (or the payment of the
enst of thin milt, and further decree
ing the dlHtrlbutlun of the money
then remaining In plaintiff hand a
such trustee to the respective credit
or according to the respective
umnunl found due them, and fur-
ther decreeing thnt said truM ratal
he el. sel ami .. tiled and the tiluln
.iff A .rr... tr,.i. ih.,r..f !,,!
. . . , , .
,,,r " "
nny be ti.H-e.-ary and proper net -In.
T!,l MiMimon Is wrve.1 upon "U
by publication hereof onre a - for
period of ll week. In the II. pncr
1 It. -laid, a weekly new. paper of gener
la Irlrrulatton In Morrow County. I're
i gun, published at lieppner. under and
j by virtue of an order duly made and
(.-titrd In thl. cause, by the .n.4
I able I'.'.It.rtt V. I'hrlpa. Oltcuit Judge
the St.te of Oregon lor Morrow
I County, and the .'ate nl the first pub.
luatl m of thl summon. I Mrrh
. !Jtd. anl the date of th l.it
(..li. Mention heteof will be My 4th
JAM E. VAN VACTOR.
Attorney for Plaintiff.
rot Offlre, Heppner. tires, a
NOTICE OF FINAL ACCOUNT !
Notice ts hereby given that H. A.
Noyes, executor cf the Last Will and
Testament of Millie Whitten Berwick,
deceased, has filed his final account
with the Clerk of the County Court
of the State of Oregon, for Morrow
County, and that said Court has set
as the time and place for the hearing
of objections to and the settlement of
said account, Monday, the third day
of May, 1920, at the hour of two
o'clock P. M., of said day, at the
Court room of the said Court in
Heppner, Oregon. ,
This notice is published by order
of the said Court made and entered
on the 30th day of March, 1920.
47-51 , H. A. NOYES, Executor.
FOR SALE) Fifteen head of good
registered Jacks. Will take mule
colts from these Jacks at $100 each
in part or full payment for these
Jacks. B. F. SWAGGART, Lexing
ton, Oregon. 41tf
F. H, ROBINSON
ATTORNEY AT LAW
.Main Street lone, Oregon
VAUGHAN & BUTLER
DENTIST
Permanentlj located in Oddfellow's
Bunlding
Heppner, Oregon
DR A. D. McMURDO
PHYSICIAN H SURGEON
Telephone 122
Office Patterson's Drug Store
Heppner Oregon
WOODSON & SWEEK
ATTORN KYS-AT-LAW
Heppner Oregon
MAKES FOR BEAUTIFUL CITY
That Citizens Take Interest In Hortl.
culture Is Always an Asset to
the Community.
When the publisher of a newspaper
In any town Is Interested in horticul
ture the people are encouraged to
make their homes attractive, and the
result is a beautiful city, remarks the
New York Times. A newspaper of
that kind Is n valuable asset to uuy
community.
In the Allentown (Pa.) Leader, a re
port Is given or the bulb plunting In
the city purks, where next spring there
will be eleven tulip beds, which have
just been planted with thousands of
bulbs.
Charles Ziegenfus, a leading busi
ness mini, bus planted more than C.OOU
tulip bulbs. Last spring his show of
tulips was worth going miles to see
and next year the beds will be more
gorgeous than ever. Mr. Ziegenfus has
planted this season the rarest olid
most hnnuttful varieties obtainable.
U. J. Hut?., president of the National
hunk, hns made extensive bulb plant
ings. So also has Col. Young and Mrs.
Koch.
Edward A. Kristmnn, who has won
many prizes with hi duhllns, will
plant more than 4.000 tubers early
next spring.
Flower lovers who motor through
Allentown will And the tulip beds a
sight worth seeing anil in the autumn
the dahlia bed of Mr. Krlstman will
make a wonderful show.
The efforts of Oeorge Roth, pub
lisher of the Leader, to make hi town
show plnce aro appreciated by the
citizen, n shown by their co-opera
tlon.
PECAN TREES ALONG ROADS
Georgia Landowners' Association
Agrees to Furnish Them, If Proptr
Cart It Guaranteed.
The attention of the department of
agrlrnlture officials Im been attracted
by the offer of the Oeoi-gin Landown
ers' association to furnlh pecan tree
for plnntlng on both side of one mile
of pcrtnuiiciit ban! surface road In the
first county In the Mate Hint agree
to take rare of the tree. Thl I
somewhat In Hue with the .-cforeMn
tlon ami good road movement In
! the southern state recently started.
"It l hoped," any F. II Abbott
i mnnnger of the Georgia association. In
: a coiniiiiiitlciitlon received here, "tlinl
j thl suggestion will result !n border-
lite rvory mile of ix-nwuicnt highway
In (leorgln with tree Ihnt will I' Use-
j fill a well a ornNtii.-iitiil. I believe
- "" sample of the first county
! 111 q'ib-kly be followed by other com
tie, mi.) see no renson why a (Inillur
I'hin h..uld li..t be adopted In other
.,, Tlle ?lir ,,,.,,,.,(, ,,.
: e;,.rgln road will be f.ut l bed the
.., Utl.m t.y J. Jl. Wright of Cairo,
.in., one of the Irtrge.t peeun grower
In the Xouth and a member of the
board of control of tlie .irs mlatlon
When Pruning Trte.
Pt.ad tr.H nmy be priin"l anv time
be'uivn th full nf tl.n l.n.- nti.l
eerlv pr!iij l-fi.ri. growth begh.
!.!. I. -r ami luiiple It.-., are iipt In
"t.lt--r" If f rmie.l iif;-r the lnt of
I'ebrunry.
IM In. t teive l.ilig .nil.. yt rut rl.iw
a'H.te a .Me hnin.h wh.-n pruning
Urge llml . Try to avl. l.- ;i,g up.
T M tori. i r rri.i.-iir whi. h r apt
.pill apart and Inbire nr ru'n h
If inter, Li-fig. '.r..!,.f t,r'i-tw
.ii.mM be Hi.r'eiMil, If tt 'j ru a
DR. HAROLD C. BEAN
PHYSICIAN and SURGEON
Heppner, Oregon,
Permanently Located Odd Fellows
Building
Office Phone 762 Residence 523
WE HANDLE
1 NOUS
ICE
BEST IN THE WORLD
IT NOT TAKE
A BUCKET
HOME?
McAtee & Aiken
to encourage greater stiffness and re
sistance to wind and the weight of wet
snow. Of course, the natural charac
teristics of the tree should be taken
Into account In pruning and no attempt
be made to greatly alter the natural
form of the tree. Evergreens are sel
dom pruned but appear best when
permitted to retain their lower branch
es close to the ground. B. O. Long
year, Colorado Agricultural College,
Fort Collins, Colo.
Resolve to Set Out a Tree.
A tree. If properly tended and pro
tected, will live for many years. It
will even outlast some man-mnde mon
uments. What can be more Inspiring
than the thought that a century hence
that tree planted yesterday will he
noted by the American people visiting
this city, bearing Its appropriate tnb
let? If in every city In this country
such a tree were planted now, genera
tions to come, numbering million
upon millions, would note, observe and
appreciate the sentiment And mean
while the tree Itself will be a thing of
beauty and afford shnde and comfort.
Let there be more tree planting In the
name of America's heroes !
Beautify the Playgrounds,
Money spent In ornamental planting
of trees nml shrubs about the country
ehool I money well spent. The re
sults of the eurly training the hoys
and girls receive In practical and or
nnmental values of planting of shrub
and tree will be shown In the homes
of the children. Later on more of rhe
homes or those -who remain In the
community will be benefited In being
tnore beautiful places In which to -?e
nnJ the VHlue of the reul estate will.
he materially Increased.
Captain of Industry at Three
Little Kdwnrd I Jut 3 years old.
but "going on 4." lie Is very fond
Ills griindinothcr's home and oft
a young visitor. Ills Inst cull was last
Sunday afternoon. C.randinother, who
had been taking a nap, was a bit late
coming downtnlr to greet her fa
vorite giiet. She found lilin cuddled
Up 111 the hlg easy rliHlr In front of the
llrepln.e. Edward smiled a she
stooped to kl him, but. boyllke, thnt
nil about the only sign of affection
from him.
"lift up. ilenr," urged Edward's
mother, "thtif grandmother's chnlr.
"No. It Isn't." acrtcd the young
tiipn. "I bent her to It."
Potslblt Rett-alnt
"There Is a great deal of ilnnger In
all thl oclnlltic literature."
"I u..v .i." repHe, the mnn who
Is exnwmtlngly trontill. "And yet
if a inn n would Hike the trouble to
re.ui tn.i unoeritnnd nil Unit hu
been written about ..wlull.-i .fore 1
etulmrkliig In bulne . ! -,
be entirely too old to pnnMpnte Id I
any acthe ilwLioimratlon." I
Do Away With tna Billboard.
K..'iilK.nril. more Itiuu eer art be
coming a iiuiMiiee on .-., um of their
lncr-aHig .lie nnd number. iurr...
!iV nre lx.ar.le.1 up with grent sight
If. f!nliv color. Ju.t -y, u traveler
al'-i g r-edn). r.-n I.e. a -,:- -,(.
i flim U w I. exp.-et.-l a glaring sign
completely ..h.tnicts the Mew. It la
eiapeniting to have a merchant In
trude and fnrr-e attention to hi hul-
De on an ttniirMunl at time ami
plu-e where It It nt wanted. No good
i--rnan oii'iiiett nlmlf In this mao
nee . Kaihar.ga,
,r
0
i old. ,- -v.
nd ofr--vH
en lJ