Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1876-06-16
ORDER OF PUBLICATION
GEORGE W. II. SMITH
JAMES r. SMITH AND OTHERS.

M the Circuit Court for Montgomery county, as
U Court Of Sqmty.
vpnE OBJECT Of his suit is to procure a
A Decree cancellng the provisions of deed
from II certain George w. Dawson TO a cer-
tain Mary Il. Smith, late of Montgomery
county, deceased bearing date the twenty
fourth day of July, in the year eighteen hum
dred and seventy-lhree, excluding the conf
plainant from any right of curiesy in the lands
mentioned and described IN said deed and Ie-
forming said deed so as TO vest in the com
plninant bis proper legal estate in said lalds
| The pill states that the complainant was the
| lawful husband Of n certain Mary + Smith,
late Of Montgomery county, who departed
| this life some time in the wear eighteen hun
dred aud seventy-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 hy certain George W.
Dawson, by deed bearing date the twenty
fourth day of July, in the year eighteen hum
dred aud seyenty-three and recorded among
the Land Records of said Montgomery coul t.
in Liber II. D p No. H. iolos | 81 BE-, aud
which is fully described in said deed
The bill further states that said deed con-
tains clause excluding the complainant from
any right of curlesy, aud of amy and every
other right whatsoeve: in and 10 said pro-
! periy.
The bill further states that in the yeareigh-
teen hundred and nfty-four he compnnants
said wife, the said Mury Il. Smith, was seized
and possessed Of an undivided interest in GER
| t lin lands lying and being in Loudodn coun-
t.. IN the Siatco Virginia. which she had in
her ted from her father and mother, Jesse and
| fhirza Rice, and in which said undivided in
tcrest so belonging to The said Mary +, Smith
the complainant, MS her lawful husband and
the father by her of lawlul issue born alive
| had under the laws Of The State Of Virginia
then existing, an interest as tenant by the
curlesy infinite; that bill was filed in the
Circuit Court Of Loudoun county, Virginia,
for n sale Of said lands for the purpose OF par
! tition among The parties entitled thereto /; that
IL decree was passed in snd Cause for the sale
of said lands that said lands were sold pur-
saan TO said decree, and The share of the pro-
ceeds OF the sale OF said lands To which the
said Mary e. Smith WAS entitled was by an
order Of said Cont directed to be invested in
lands in Montgomery county, Maryland, Sc
curing the title to the said Mary Il. Smith
and her heirs, subject to the same rights which
her husband, the complainant, had in the land
| in Virginia sold under the decree OF said
Court; all Of which will appear by reference
to properly certified transcript OF the record
of said chancery proceedings III the Circnit
| Court for Loudoun county, filed with the bill
as Exhibit No 3.
The hill further states That the lands mem
toned and described in the aforesaid deed
from the said George w. Dawson TO the said
| Mary &. Smith are the same lands purchased
for The said Mary T.. Smith under the order of
the Circuit Court OF boudoun county, Vir-
gfnia, hereinbefose referred to- and in which
the money TO which the complainant and his
wife, The said Mary H. Smith, were entitled
from the proceeds Of the sale Of the lands in
| Virginia was directed to be invested secur-
ing TO the complainant the same rights that
| he had in the said lands in Virginia.
The bill further states that some lime in the
year eighteen hundred and ffty-fve the com
plainant and bis said wife took possession Of
| the said laEds 50 purchased and lived togeth-
er on the same, the complainant cutiyating
said farm and raising his family thereon, un-
I'll some time in the year eighteen hundred
and scventy-four when the said Mary II. Smith
departed this life, nlesaie, leaving The com
| Plainant, her husband. surviving her and tho
following children, viz: James + Smith,
Jesse Il Smith intermarricd with u certain
| Virginia A. Smith, Helen ID. Elgin, intcrmar-
red win II certain Charles r ElRin, Mary
| NJ, ntermarred with certrin Jesse NJ Rice,
Robert Il Smith and Esellc + Smith and
thnt sometime in the month Of February, in
The year eighteen hundred. and setenty-siS.
the said Jesse r. Smith departed this life, in
estate, leaving surviving him his widow, the
said Virginia A. Smith, and the following
children, viz Hattie Lee Smith, Alice W.
Smith and Earl X. Smith.
/ The bill further states that the said Robert
r. Smith. Estelle Il Smith, Hattie Lee Smith
and Earl r. Smith are infants under the age
of twenty -oue years.
The bill charges that after the death Of the
said Mary g. Smith The complainani's son,
the said james f Smith, took possession OF
said farm and compelled the complainant 10
leave The same and has ever since prevented
the complainant from exercising any rights
over said property, claiming that under the
| provisions Of said deed tho complainant had
no interest or estate whatever in said londs.
The bill further charges that The complain-
ant was not present when the said deed from
| The said George w. Dawson WIS executed and
delivered TO the said Mary T. Smith; that be
knew nothing Of its provisions, in fact was
| ignorant of its very existence until after the
death Of his said wife that the clause 10 said
deed excluding the complainants right .of
eurlesy in said lands was inserted without
| his knowledge, privty or consent, is in fraud
! OF the cOmplaiuants rights, in violation of
the orders Of the Circuit Court Of L0udoun
county, Virginia, directing the investment Of
the funds Of The complainant and his said
wife in lands in Maryland, and Of the express
terms of the contract for the purchase of said
! lands made by the complainant and his said
wife, and is therefore nun and void, and that
the complainant has life estate in the lands
| Of which the said Mary y. Smith died seized
and possessed by virtue Of his rights rs a ten
ant by he curtesy
| The prayers Of The hill are form decree can
ceiling The clause in snid deed excluding The
complainant from his right Of cnrlcsY in said
lends and reforming said deed so as TO vest in
the complainant his proper legal estate in said
Ian Is and decreeing the complainant 10 have
u life estate IN said lands as tenant by the cur
tcsy and for general relief.
The bill further states that the said James
r. Smith, Jesse " Rice and Mary NJ Rice,
his wife, Virginia A. Smith, Hattie Lee Smith,
Alice W Smith and Eail 4 Smith do not re-
side ia the State Of Maryland.
II is thereupon this 10Th day Of May, in the
year eighteen hundred and scventy-six. adj
Judged aud ordered that the conn ainant, by
causing copy Of this order to be inserted in
some newspaper published ut Rockville, in
said Montgomery county, once in each Of four
successive weeks before the 9ih day Of June
next, give notice 10 the said absent defendants
Of the object and Substance of this bill anil
warn them 70 appear IN this Court in person
or by solicitor, on or before the twentieth day
Of September next, 10 show cause, If any they
have, why decree ought not to pass as
prayed.
Il Il PRETTYMkN, Crk
Circuit Court for Montgomery county.