Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1866-11-10
West Virginia !:
In the Circuit Court, Jefferson
County, October Term, 1866
James w. Glenn, e! al,
Henry Blsekford, ei al.

EtHII plSShlO'Si G. H''
This cause came on This day 10 be fur
Their heard as 81 former Term OF ms
court, and the decree and proceedings
glhetea,, and The plat and rePor' OF HE
Commissioners al the iuTmeF Term SP'
pointed 10 make partition OF The realy ~
The bill and The proceedings mehu"heo'
10 which report there are no exceptions
fled and was argued by counsel anu il
appearing by said report that SAID com
m.ssoners have made partition assigning
10 omplainants heirs IN The ma'er"S'
! line, OF the decedent William Grove, one
moiely of said land, ~ be held BY them IN
common as JOINT tensnts-shey having
elected 10 so take and hold and II appear
ing that they are the only heirs OF the ma
lernal line. and as such are entitled TO one
moie,y Of said lands which they inslsi
on having assigned 10 them in Kind. snd
/; appearing that other nole'y descending
10 the heirs Of said deceden, Of the Paser'
nal line, by reason OF the great nu"0er OF
said h ire cannot be pariilloned amongst
them in kind, bui will have 10 be sold and
proceeds distributed and that ihe partition
} reroried is regular and fair and equal. il
is aJjudged. ordered and DecTeed thai
said report md partition be and the same
J is hereby confirmed and that complain
anita James w. Glenn. Frances Stewart
} and Mary E. Boyd. DO have and hold IN
fee.sinpe and as tenants in common Tree
4 from all claims or interest Of any and all
the heirs OF the said William Grove. By
. the pateTnsl line, The lands marked Lot
, No. in the pla, and report Of said Con-
: missioneIs, bounded and described as iol'
] lows Beginning at stake IN The Shep.
] herdslown road corner 10 Ronemous and
;. in Daniels line. thence with said hne'
: along said road S. 5 gov 1873 $40
poles TO a stake in said road. thence n.
So 40 w III Clio poles to stake on
D.. The east side of the Warm Spring road IN
Rsnson's line, thence with his line n. g
81 Z. 90 10 poles 10 stone corner L"
Neill thence with his lines \. 81 % K.
g 81 poles 10 pile Of stones corner to Ron
emous, thence with his line S. II l.2O l..
= 81 poles to the beginning, containing one
: hundred and thirty acres, one rood ard
= eighteen poles.
1t is further ordered that compliments
pay one half OF The costs incurred in this
cause prior 10 issuing the order for par
tnion, and all the costs now incurred IN
.he execution Of said order, and tina! de-
q Pendants pay the other half Of the costs
,, incurred prior to the order Of partition and
u all tie costs hat may hereafter occur in
such proportions as may hereafter be
deeme equitable, and a question having
. arisen amongst the parties as TO whether
all who claim TO be heirs Of The decedent
Of The paternal line, are such in fact, IN or.
: der TO ascertain and determine this cues
lion and any other pertinent matter. 1t Is
sdindeed, ordered and decreed thai this
:, cause be referred TO G. E. Stubbs, Mas
Ter Commissioner Of this Court, who, al
', Ter due notice 10 the parties, shall pro
cesd 10 ascertain and report TO future
term Of this Court. with the evidence and
testimony elected or produced.
lst, The names and residence OF sII
the heirs OF VIM. Grove by the Pa'ernai
line.
end. The relationship OF degree Of con,
sanguirity Of each TO tie SAID William
Grove.
3rd, Who amongst said heirs, are in.
fsnls and (eme covers.
4lh, What proportion Of the premises
assigned by the report Of ssid Commls-
sioners 10 Defendants, and marked Lot
No. 9 on their Plat, each Of said heirs Is
entitled 10.
5lh, He may also take testimony
and report upon The pracIlcsbillly OF
making partition of ssld I.0l No. 2, to
The heirs OF lhs SAID Wm. Grove by The
pa!ernsI line or whether The Interest OF
said parties would BIO promoted by sale
Of said premises.
9Th, No ice Of The lime and place Of
i executing ills reference published once
week for four successive weeks IN some
. convenient newspaper shall be equivalent
. to personal service on the parties, and on
motion of Defendants by their Counsel
. they are allowed time until the further or
der Of The Govt to show cause Tor re-
!, vision OF change in said partition.
A True Copy-Tesle:
W. A. CHhPLlNE, Clerk.