Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1866-11-17
West Virginia :
In the Circuit Court, Jefferson
County, October Term, 1866.
James w. Glenn, ct al,
Henry Blackfof6, Ell al.

Henry Blacklofo, Ell al.
This cause came on This day TO be fur
Their heard as a, former Term Of this
court, and the decree and proceedings
,herea,. and The plat and report Of The
Commissioners al Inc former term sp-
pointed TO make partition Of the really IN
The bill and the proceedings mentioned;
10 which repor, there are no exceptions
filed and was argued by counsel, and It
appearing by SAID report that said com
mi.sioners have made partition assigning
to compliments heirs in the maternal
line, OF the decedent William Grove. one
moiety Of said land, to be held by them IN
common as iolnt lenants-they having
elected TO So take and hold and j. appear
ing that they are the only heirs OF the ma
efnal line, and as such are entitled 10 one
moiely.oi said lands which they lnslst
on having assigned 10 them in kind. and
|: appearing tina, other moiely descending
| 10 the heirs IF said decedenl Of the paier
nal line, by reason OF the grea! number oil
said h irs cannot be parli,ioned amongst
! lUeul III hluu, Oul VIII udfc W Do eoio nHo
proceeds distributed and that The partition
reported is regular and fair and equal. II
is adjudged, ordered and Decreed that
said report and partition be and the same
is hereby confirmed and that complain
ants James W. Glenn. Frances Stewsr,
and Mary E. Boyd, do have and hold in
iee.simple and as tenants in common free
! from all claims or interest Of any and all
the heirs of HE said William Grove. by
The paiernsl line, the lands marked Lot
No. in the pla, and report Of said Com
missioneIs, bounded and described as fol.
lows: Beginning at stake IN The SheP
herdsiown road corner TO Ronemors and
in Daniels line. thence with said line,
along said road S. 5 | 20 W 1873 $40
poles to a stake in said road. thence n.
Is 3 10 W III Clio poles TO stake on
The cas-. side of the Warm Spring road in
RansOn's line, ibence with his line n. g
81 e. % S 10 poles 10 a stone corner to
Neil thence with his lines n. 81 % f..
81 poles TO pile OF stones corner 10 Ron
emous, thence with his line S. II l20 f
t 81 poles TO the beginning. containing one
hundIed and thirty acres, one rood and
eighteen poles.
1t is further ordered that compainants
pay one half Of The costs incurred in this
cause prior TO issuing the order for pat
trion, and all ME costs now incurred IN
, he execution Of said order. and that de-
, iendan.s pay The other half of the costs
incurred prior 10 the order Of partition and
all HE costs hat may hereafter occur in
such proportions as may hereafter be
deeme equitable, aud question having
arisen amongst the parties as 10 whether
all who claim 10 be heirs Of The JecedeDr
OF the paerna line, are such in fact, in or
der 10 ascertain and determine this ques.
ton and any other pertinent matter. Ii is
adj udgsd, ordered and decreed that this
cause be referred TO G.. L. Stubs. Mas.
ter Commissioner of this Court, who, az.
Ter due notice 10 ,he parties. shall pro-
coed TO ascertain and report TO future
term of this Court. with the evidence and
testimony elected or produced.
Isl, The naNes and residence Of all
the heirs OF VIM. Grove by the palernal
line.
2nd. The relationship OF degree Of cor.
sanguiuily Of each 10 the said William
Grove.
3rd. Who amongst said heirs, are in
fans and feme coverls.
4ih, VIVA. proportion Of the premises
assigned by the repor, Of raid Commis-
sioners TO Defendants. and marked Lot
No. = on their Plat, each Of said heirs is
entitled to.
5,h. He may also take testimony
and report upon the prscIcabllly OF
making partition Of said Lot No. 2, TO
the heirs Of he said VIM. Grove by The
palernal line o, whether the interest Of
i said parties would be promoted by sale
Of said premises.
9Th, No ice of the time and place Of
executing ibis reference published once q
week for four successive weeks in some
convenient newspaper shall be equivalent
10 personal service on the parties, and on
motion of Defendants by their Counsel
they are allow ed time until the further or.
der of The Court TO show cause for re-
vision OF change in said partition.
A True Cepy-Tes,e:
w. A. CHhPLlNE, Clerk.