Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1866-11-24
w est Virginia
In the Circuit Court, Jefferson
County, October Term, 1866.
James w. Glenn, ei al,
Henry Black for6, ct al.

I1eHfy OldChiOlu, eI as.
This cause came on this day to be fur.
Their heard as al former term of this
courI, and the decree and proceedings
,herea,, and The plat and report Of the
Commissioners at the former term sp-
pointed to make partition Of The really in
The bill and The proceedings mentioned;
TO who! repor. there are no exceptions
filed and was argued by counsel, and il
appearing by said repor! that said COM
missioners have made partition ASST gning
to complainsnl's heirs in The maternal
line, OF the decedent William Grove, one
noie,y Of said land. 10 be held by them in
common as JOINT tenanls-lhey having
elected 10 SO take and hold and i, appear
ing ,ba, they are the only heirs OF the ma
'ernal line, and as such are entitled 10 one
poie,y OF said lands which they insis,
on having assigned 10 them in kind, and
!: appearing that other moiey descending
TO The heirs Of said decedenl Of the paer
nal line. by reason OF the grea. nun ber OF
said h irs cannot be parlilioned amongs,
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 atjudged. ordered and Decreed that
said repor, and partition be and the same
is hereby confirmed and that complain
ants James W. Glenn. Frances Stewart
and May Z. Boyd. do have and hold in
fee.simple and as tenants in common free
from all claims or interest Of any and all
The heirs of The said William Grove, by
The paiernal line, The lands marked Lot
No. l in The plat and report OF said Com.
missioners, bounded and described as fol
lows: Beginning al stake in The Shep-
herdslown road corper 10 Ronemors and
in Daniels line. thence with said line.
along said road S. 5 | % 1873 $40
poles TO stake in said road, thence n.
6s 3 10 W III 6l0 poles to stake on
The cas-, side OF The Warm Spring road in
Rsnson's line, ,bence with bis line n. g
81 l.. 93 5 0 poles to stone corner TO
Neil!, thence with his lines n. 81 % T..
81 piles to pile Of stones corner To Rom
ewous, thence with his line S. II l20 +.
81 poles TO The beginning, containing one
HUNDRED and thirty acres, one rood and
eighteen poles.
|, is further ordered that complainans
pay one half OF The costs incurred in TINS
cause prior TO issuing the order for PAT
,i,on, aud all 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
all The costs that may hereafter occur in
such proportions az may hereafter be
deeme equitable, and question having
arisen amOngs, The parties as 10 whether
all who claim 10 be heirs of The decedeDi
OF the paiernal line, are such in fact. in or
der to ascertain and determine This qnes.
lion and any other pertnen, matter. 1t Is
adj dyed. ordered and decreed that this
cause be referred 10 G.. E. Slubbs. Mas
Ter Commissioner OF this Court, who, al.
Ter due notice 10 The parties. shall pro-
coed to ascertain and report 10 future
term Of this Court, with the evidence and
testimony elected or produced.
Isl, The names and residence Of all
The heirs of VIM. Grove by the paternal
line.
End. The relationship OF degree Of con.
sanguini,y Of each 10 the said William
! Grove.
3rd. Who among., said heirs, are in
fan,s and feme coveris.
4b, VIVA, proportion OF the premises
assigned by the report OF said Commits
sioners TO Defendants. and marked Eo,
No. 3 on their Plat, each Of said heirs Is
entitled 10.
5h, He may also take testimony
and repor, upon the praclicabilIIy OF
making PARTITION of said Lo, No. 2. to
The heirs OF the said WIN. Grove by the
pa!ernal line or whether the interest Of
said parties would be promoted by sale
Of said premises.
9Th, No ice of The lime and place Of
executing this reference published once o
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 tie further or.
der of the CoUr, TO show cause for re-
vision or change in said partition.
A True Copy-Tes,e
". A. CH.PLlNE, Clerk.