Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1876-05-26
ORDER OF PUBLICATION.
GEORGE W. H. SMITH
VS..
JAMES f. SMITH AND OTHERS.



THE OBJECT OF this suit is to procure
4 Decree cancelling the provisions Of deed
from a certain George W. Dawson to a GER
tain Mary Il. Smith, late of Montgomery
county, deceased, bearing date the twenty
fourth day Of July, in The year eighteen hun
dred and seventy-hree, excluding the COM
panant from any right of curtesy in the lands
mentioned and described in said deed, and
forming said deed so as to vest in the COM
panant his proper legal estate in said lands.
The pill states that the complainant was the
lawful husband of Il certain Mary Smith,
ate OF Montgomery county, who departed
this life some lime in the wear eighteen hun
dred aud seveDty-four, being at the time of
her death seized and possessed Of certain real
estate, lying and being in said county, which
was conveyed to her by certain George w.
Dawson, by deed bearing date the twenty
fourth day of July, in the year eighteen hum
dred and seventy-three, -and recorded nmong
the Land Records of said Montgomery county
in Lber f. b. p No. II, ioios 81 &C., and
which is fully described in said deed.
The bill further states that said deco con-
tains clause excluding the complainant from
any right of curtesy, and of any and every
other right whatsoever in and TO said pro-
perty.
The bill further states that in the year eigh-
leen hundred and fifty-four the complainant
said wife, The said Mary Il. Smith, was seized
and possessed of an undivided interest in GER
lain lands lying and being in Loudoun conn
~ intbe Slate of Virginia. bjrh she had in
herited from her father and mother. Jesse and
Thirza Rice. and in which said undivided in
terest. so belonging TO the said Mary L. Smith
the complainant, as her lawful husband and
the father by her of lawfal Issue born alive
had, under the laws OF the State of Virginia
then existing an interest AS tenant by The
cnrtesy initiate. that n hin was filed in the
Circuit Cont of Loudonp county. Virginia.
for a sale of said lands for the purpose of par
tition among the parties entitled thereto that
a decree WAS passed in said caUse for The sale
of said lands: that said lands were sold mr.
seaul TO said decree and The share of The pro-
ceeds Of the sale of said lands 10 which the
said Mary F. Smith was entitled was hv an
order of said Court directed to he invested in
lands in Montgomery county. MARYLAND Sc
curing the title to the said Mary +. Smith
and her heirs. subject 10 the rights which
her husband the complainant. had in the land
in virginia sold under the decree OF said
Conr,. all Of which will nDnenr by reference
Ia a nrouerIs certified fra psrriot Of the record
of said chancery nrocecdinns in The Circuit
Court for Loudoun county. filed with the bill
as Exhibil No 2
The bill further states that the lands mem
TONED and described in The aforesaid deed
from the said Georoe w Dnwsnn 10 The said
Mary T. Smith nre The 81 me lands purchased
for The said Mary f. Smith under The order OF
the Circuit Court of Loudoun county. Vir-
oinia hereinb efnre referred to and in which
The money T., which the comnioinant and his
wife fbe said Mary r Smith were entitled
from the proceeds of The sale of the lands in
VIRGINIA was directed ia be invested secui-
inc TO the complainant the same rights that
he had in the said lands in VIRGINIA
The bin further states that some lime in the
rear eighteen hundred and fifty-6ve the com
i,lainaut and his said wife look nossession Of
ihe said lands so purchased and lived toeeih-
er on The same th,. romnluinant culiiyniiur
said farm and raisino his family tbereon M
iii some time in The ypar .iphtecn hundred
and seventy four when the said Mary =. Smith
dennrtpd his life interstate Ieavino tho COM
nI,inant her husband snryiving b.r and he
following children. viz. James p. Smith.
Iassa r smith intermar,ird with a certain
Viroiniu a smith Helen u Eloip ;n,ermar-
r;ed Win a certain ChayIes u Elein Mary
;nterm,rr;o3 ,yiff a eartrip Ieese NJ pirc
Rober, p S,nitb and FsteIIe f Smith and
tbat enme,i,,,,. in the month If Fehrn,-v in
,ho va,r einbtean bundrnd ana sevn,,y-siy
the said Jrsse r smith departed mis- life in
estate leaving snrviving him hiswidow tbs
said Virginia 4 Stniib and the following
cbildro, VIZ . Uattia Loo Sm;th Alira w
smith aud Earl r Smith
the hi1l fnrther etafee ,bot HE said pol,ert
smith FstslIe II S,ai,b U.ttie Ioa S,,itb
and E,rI p sinh aro inf,,,ts ,,,aer tho ,oe
of twentv-one veors
Tho nh ,h,re,os ,bat or,or tho deoth of tho
said unrv n Smi,b tho cor,r,l,inan,,s SON
ne said lanes 4 smith took POSSESSION az
sa;l firm and con,nelIs5 the co,nnloinent IN
love The same and has ever since nreycn,ed
,bc com,,l,in.,n, from oxor,isinT apv rinb,e
ovor said ,,rn,,eri, ,.I,;a,;n,r tlo, ;raor ,l,e
unconscious If IA doad M cnn,,l,inan, baa
! ir,eres, -, ,as,b,,a,,, I, IA lands
The III fnr,Ler .lar,,as ~, no cornri,j,
ant ,,os Nc, ,,ros..,,t ~, tho Ia aood fo,,
no s,id Caoira w bansca ayonn,ad a,d
It'd =, MA NJ, = Cs;.t H., a..
Itnn,, r,Il,;n(r t,r ;fs ,,rayia;nn ~ e,c, ,,as
iarorant If i7s very dvistance mil ar,or ne
dea,b of his said VIC tb,t ,Le cis,,se in ssid
do,d evci,,dfno NO ,.on,,.la; nant,s riabt ~.
,.vr'os,. ia said ID ~ ;,,sar,oS ri,i,,.rt
~ kno,rIoa,ra ,,riv;,r ~, o,,,sa,t i IN rran,S
81 No csr,f, J.; ;si',;n af
ITO ordeys ~ H. C;yc,,;t C,,,rt of rnnd",n
oont, v;r;;o din'I,;,,- ia oe
,lo G,nao - ,L oon,,,l,;an, ad liz sais
wife in lands in Maryland ana Of he nx,rass
,orn,s If tba cn,t,,.; a. ia ,,,,rbaso ~ eaid
i,,as ~. ~ ,,, A.; ~, ia
,r;fa and "a ,ierafore nj, ga la and tl,.,t
rho ,orn,,la;r..nt las ,ira ast.,,o ~ ,ha lids
~ ,rti,., 10 80; ~ S;,h d;ad e';,o3