Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1866-12-01
w est Virginia A:
In the Circuit Court, Jefferson
County, October Term, 1866.
James w. Glenn, et al,
Henry BlaekforG, Ell al.

This cause came on this day 10 be fur
Their heard as al former term Of this
court, and the decree and proceedings
,hereal. and The plat and repor. Of the
Commissioners at the former term ap-
pointed TO make partition OF The really IN
the bill and The proceedings mentioned;
to which report there are no exceptions
fl and was argued by counsel, and II
appearing by sstd report hat said com
missioners have made partition assigning
TO compliments heirs in the maieroai
line, OF The decedent William Grove. one
noiely Of said land, 10 be held by them in
common as JOINT IeDants-ihey having
elected 10 so take and hold and it appear.
ing that they are The only heirs Of The ma
iernal line, and as such are entitled 10 one
moie,y OF said lands which they insist
on having assigned 10 them in kind. and
i appearing that other moeiy descending
TO the heirs of said decedeni Of the pater'
nal line, by reason OF the great number oil
said h IFS canno, be parlilioned amongst
Them in kind, but will have 10 be sold and
proceeds distributed and that the partition
reported is regular and fair and equal. II
is a'judged, ordered and Decreed that
said repor, and partition be and the came
is hereby confirmed and tina. complain
ants James W. Glenn. Frances Stewart
and May E. Boyd, do have and hold in
iee.sin pie and as tenants in common Tree
from all claims or interest of any and all
the heirs Of the said William Grove, by
the paleInal line, The lands marked Lot
No. | in the plat and report of sald Com
missioneIs, bounded and described as fol-
lows: Beginning at stake in The SheP,
herd own road corner 10 Ronemous and
in Daniels line, taence with said line,
along said road S. 5 20 W 1913 $40
poles 10 a stake in said road, thence n.
IS 3 40 W III Clio poles to stake on
The east side Of The Warm Spring road IN
Ranson's line, tbeAce with his line N. g
81 e. 93 $40 poles 10 stone corner to
Neill, thence with his lines n. 81 | &c +.
81 poles 10 pile OF stones corner to Ron
emous, thence with bis line S. II l20 f
81 poles to the beginning, containing one
HUNDRED and thirty acres, one rood and
eighteen poles.
Ii is fuElher ordered that complsinsn,s
pay one half OF The costs incurred in this
cause prior TO issuing the order for paI-
li.on, and al the COSTS now incurred IN
he execution Of said order, and that de-
Pendants pay The other half Of the costs
incurred prior to the order OF partition and
a. The costs that may hereafter occur in
such proportions as may hereafter be
deeme equitable, and question having
arisen amongst lhe parties as 70 whether
all who claim 10 be heirs Of The decedenlI
OF the palernal line, are such in fact, in or
der TO ascertain and determine this gues.
lion and any other pertinent matter. Ii ia
adudged,. ordered and decreed that his
cause be referred 10 G.. L, Stubbs., Mas
Ter Commissioner Of his Court, who. af
Ter due notice TO The parties. shall pro.
cesd to ascertain and report 70 a future
term OF ibis Count, With the evidence and
testimony elected or produced,
ls,, The names and residence Of all
The heits OF VIM. Grove by the psiernsl
line.
2nd, Tbs relationship or degree Of con.
sanguini,y Of each 10 the said William
Grove.
Bird, Who smong., said heirs, are in
fan,s and feme eoverts. .
4th, What proportion OF the premises
assigned by the report Of 'aid Commits
sioners to Defendants, and marked LotI
No. 9 on IeM Plat, each Of said heirs is
entitled TO.
5lh. He may also take testimony
and repor, upon The practicabil,y OF
making partition Of ssid Lot No. 2, to-
The hers OF ,he said Wm. Grove by the
pa!ernsl line or whether the interest nj
said parties would BIO promoted by sale
Of said premises.
e b, No ice Of The time and place Of
executing this reference published once a
week for four successive weeks in some
newspaper shall be equivalent
10 pereonal service on the parties, and on
motion Of Defendants by their Counsel
they are allowed time until the further or.
der of The Court TO show cause for re.
vision OF change in said partition.
A Frae Cepy-Tesle:
n