Adams County, Ohio Articles
Ohio, Adams Common Pleas
Robert B. Stout, et al. vs. Elajah Kimble, jr., et al } In chancery.
Be it remembered that on the 16th day of June, A.D. 1852, Robert B. Stout and Susan, his wife, late Susan Kimble, Alexander Little, and Naomi, his wife, late Naomi Kimble, of Adams County, Ohio, filed in the office of the clerk of the court of common pleas of Adams county aforesaid, their certain petition in writing, setting forth and stating in substance:
That one Elijah Kimble, senr., late of said county and state, the father of said Susan Stout and Naomi Little on or about the 13th day of April A.D. 1852, at the county aforesaid, attempted to make and execute an instrument of writing purporting to be his last will and testament, and afterwards, on the day of April A.D. 1852, departed this life, leaving the following persons, besides said petitioners, his heirs and legal representatives, to wit:
Jane Kimble, his widow, Elijah Kimble, jun., Samuel Kimble, Drusilla Little, intermarried with Samuel Little, Salley Kimble, all of Adams county, Ohio, Ellen Hale, late Ellen Kimble, intermarried with Thomas Hale, of the state of Missouri, and the heirs of Polly Reece, late Polly Kimble, now deceased, and the heirs of Rebecca Gilman, late Rebecca Kimble, now deceased, of the state of Indiana, whose names are unknown, all of whom are prayed to be made defendants to said bill.
Said petitioners further represent that on the 21st day of April A.D. 1852, said pretended will was admitted to record in the probate court of Adams county aforesaid; by which said writing purporting to be the last will and testament of said Elijah Kimble, senr., he professes to bequeath nearly the whole of his real estate to Elijah Kimble, junr., leaving only his personal property, of small value, to be equally divided among all his children or their heirs, all of which will more fully appear by reference to said pretended will, which it is prayed may be taken as a part of said bill. Petitioners further represent and charge, that said paper writing, purporting to be the last will and testament of the said Elijah Kimble, dec'd., is not the valid and true last will and testament of the said deceased, but is invalid, null and void, because the said Elijah Kimble, at the time of executing the said writing purporting to be his last will and testament, was not of sound mind and memory, but, on the contrary, was very aged and in his dotage, and so weak and feeble in mind and memory, and on account of his insanity and imbecility wholly incapable of making any proper distribution of his estate.
Petitioners further represent that said Elijah Kimble, jr., the principal legatee, in said pretended will, used and exercised many undue arts and practices to induce said Elijah Kimble, senr., to execute said instrument of writing, and the said Elijah Kimble, senr., in executing the same, was under undue and improper influences from the said Elijah Kimble, junr. Petitioners further represent that said Elijah Kimble, junr., in and by said paper writing purporting to be the last will and testament of the said Elijah Kimble, senr., claims title to nearly the whole of the real estate of the said Elijah Kimble, senr., of great value, and acts as sole executor of said pretended will, and that Henry Kimble and Mary Brownfield, of Adams county, Ohio, are legatees in said supposed will, and are therefore prayed to be made defendants.
Complainants therefore pray process of subpoena against all the resident defendants aforesaid, and notice by publication against all the non-resident defendants aforesaid according to the statute in such case made and provided, and that said defendants answer make to all and singular the matters and things aforesaid, and that an issue at law be made up on said pretended will, and if said issue be found against said pretended will, that then by a decree of the court said pretended will be declared null and void, and the estate of the said Kimble may be divided among children and their representatives, according to law, and for other and for other and general relief.
Cockerill & McCauslin,
Sol'rs for complainants.
June 23, 1852.
35-7w.
SOURCE: The Adams County Democrat - West Union OH; July 7, 1852