Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1876-06-09
ORDER OF PUBLICATION.
GEORGE W. II. SMITH
w.
JAMES f. SMITH AND OTHERS.

JAMES +. SMl III AND pTHEKS.
In tie Circuit Court for Aontqomery coaqty. as
Court Of Equtfg.
'ENHE OBJECT of this suit is TO procure
A Decree cancelling the provisions of deed
from u certain George w. Dawson to n GER
lnin Mary L. Smith late of Montgomery
county, deceased, bearing date the twenty
fourth day OF July, In the year eighteen hun
dred and seventy-lhree, excluding the CONF
plainani from any RIG hit of curresy in the lands
mentioned and described in said deed md Ie-
forming said deed rs 10 vest in The com
pannnt his proper legal estate in said lands.
The bill states that the complainant was the
lawful husband of certain Mary Il, Smith,
late OF Montgomery county, who departed
this life some time in the wear eighteen hun
ared aud seventy-four, being at the time of
her death seized aud possessed Of certain real
estate, lying and being In said county, which
was conveyed TO her by II certain George w.
Dawson, by deed bearing date the twenty
fourth day OF July, in the year eighteen hun
dred and seventy-three, aud recorded among
the Land Records OF said Montgomery county
in Liher 4. B p No. H. folios 81 &c, and
which is fully described in said deed
The bill further states that said deed con-
tans clause excluding the complainant from
| any right OF curicsy, and Of any and every
perty.
The bill further stnics that in the year egh-
teen hundred aud ity-four the complainant
said wife, the said Mary Il Smith, was seized
and possessed Of an undivided interest in GER
tain lands lying and being in Loudoun coun-
ty, in The State Of Virginia, which she had in
herled from her father and mother Jesse and
Thirza Rice, and in which said undivided in
terest so belonging TO the said Mary q. Smith
the complainant, as her lawful husband and
the father by her of lawfl issue born alive
had under the laws Of the State Of Virginia
then. existing, an interest as tenant by the
curlesy initiate; that II bill was filed in the
Circuit Court of Loudoun county, Virginia,
for II sale Of said lands for the purpose ofpar-
tition among the parties entitled thereto that
n decree was passed in snid cause for the sale
Of said lands that said lands were sold pur-
| suant TO said decree, and the share Of the pro-
ceeds Of the sale Of said lands To which the
| said Mary h. Smith WIS entitled WIS by an
order of said Court directed to be invested in
lands in Montgomery county, Maryland, se-
curing the title to the said Mary Il. Smith
and her heirs, subject 10 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 in the Circuit
Court for Loud0nn county, filed with the bill
as Exhibit No, g.
The bill further states that the lands mem
TONED ana described IN the aforesaid deed
from the said George W Dawson to the said
Mary ". Smllh are The same lands purchased
| FOR he said Mary e. Smith under the order OF
| the Circuit Court OF Loudoun county, Vir-
| GINA, hereinbetofe referred TO, and in which
the money 10 which The complainant and his
wife The said Mary d. Smith, were entitled
| from the proceeds OF the sale OF the lands in
| virginia was directed to he invested, secur-
| ing to the complainant The snme rights that
he had in the said lands in Virginia.
The bill further states That some time in the
year eighteen hundred and fltty-iive the com
plnnant and his said wife took possession Of
the said lands so purchased and lived togeih-
or on the same, The complainant cnltiyating
said farm and raising his family thereon. nm
Ill some time In the year eighteen hundred
and seventy-ionr when the said Mary Il. Smith
departed this life, interstate, leaving the com
plninant, her husband. surviving her and the
following children, viz james + Smith,
Jesse X Smith, intermarricd with II certain
Virginin A. Smith, Helen ID. Elgin, intermar-
ried with n certain Charles + Elgin, Mary
NJ, intermarred with ceririn Jesse NJ Rice,
Robert Il. Smith and Estelle +. Smith and
{ hat sometime in the month Of Febrnncy, in
the year eighteen hundred and seyeniy-six.
the said jesse Il. 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.