The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-09-14
ORDER OF PUBLICATION,
NO. is EQUITY.

NJ Is Equity.
IN the Orphans Court of Carroll County.
Charles Is. Nelson ct ais vs. Rygnald Rich.
ards, James Martin, ct ais.
TNHE object of this suit is to procure a de.
i cree for the sale of certain Real Estate
situate in Carroll County, Maryland. which
was devised by Burgess Nelson, deceased. by
last will and testament, to Charles b., Zachari
W. 5. A., and George w. II. Nelson.
The Bill states that the said Burgess Nelson,
deceased, by his will devised certain Of his
real estate, rs follows :-''Item, give and
devise to my three sons, George w. Harrison
Nelson, Charles BaseOm Nelson, and Zaeha.
n w. Santa Anna Nelson, as tenants in com.
mon, together and TO their heirs, all OF INV
real estate, including lands, houses and lots.
situate IN Carroll county, except the fifty
acres above devised to my wife; the said de.
wise to my said several sons not to take effect
until my youngest son shall have attained the
age OF tweuty-one years; the said fifty acres,
so as aforesaid devised, to my said wife. |
also devise to the said three several sons.
subject to the life estate of my said wife, and
to the arrival at twenty-one years of age of
my said youngest son, until this last eondi-
ton happens, the proceeds of all of my said
real estate except my wife's portion, to be
invested and re-invested as in the case of the
interest on notes, mortgages, rents, &e.m as
appears by a copy of said testator's will, fled
with said Bill, marked Exhibit ssA:" that
said real estate consists of 23l acres and 5
square perches of land, more or less; is stu.
ate in Carroll county, Maryland is of the
value of about $3.50, and is described in Com
plainants Exhibit s'B;H that the said Zachari
w. 5. \. Nelson, the youngest child referred
TO- IS long since above the age of 81 years:
that the said George w. II. Nelson died in
testate, IN the city of New Orleans, in the
State Of Louisiana, in the year 1866, unmar-
ried, and without issue; that he left the fol-
lowing brothers and sisters, his only heirs-at.
law, to wit ;-Charies B., John, William b..
Henry C., James p, and Zacharia W. s. A.
Nelson; Emma, wife of Eli Buckingham: Ma
tilda, wife of Jesse r. Ebaugh; Sarah Martin.
wife Of George Martin; Eliza Wiles, wife of
Henry g. Wiles; and Malissa Richards. wife
Of David Richards, all Of whom we're at the
death of the said interstate adults, above the
age Of p years, and resided in Carroll coun-
ty, Maryland, except Zachari w. S. A. and
James P. Nelson, who resided in Shenan-
doah county, in the State of Virginia, and
Henry Q. Nelson, who lives in the State of
California the said Matilda Ebaugh and hus-
band and George Martin resides in Montgom-
cry county, in the State of Missouri. and
Henry ). Wiles, who lives in Washington
county, in the State Of Maryland; that Nails
sa Richards died intestate in the year 1878;
that her husband is also dead; that she left
Henry s. Wiles, her husband, surviving her
and the following children, her heirs at.law:
Rygnald Richards, who lives in the city of
Philadelphia, in the State of PENNSYLVANIA;
FaRy Devilbiss, wife of Charles Devilbiss.
who lives in Carroll county aforesaid; Eliza
Richards, Franklin, Charles and Bertha Wiles.
the two first named, only, being above the age
of q years, and reside in Washington county,
Maryland; that Sarah Martin died intestate,
IN Montgomery county, Missouri, in or about
the year 1868, leaving George Martin, her
husband, James, Theodore, George H., Peter,
John, Sarah ", Carrie NJ, and Alice A. Mar.
tin, her only children and heirs-at-law, whose
ages are unknown, but the said James and
Theodore are supposed to be adults; that
William B. Nelson died intestate, in Carroll
county aforesaid, in the year 1878, as to his
interest in said real estate; that he left Albrilla
Nelson, his widow, and the following chill
dren, his only heirs-at-law, to wit:-Robert
Lee, John E., and Alice A. Nelson, all in
tants, under u years of age, and reside in
Carroll county aforesaid. That one undivid.
ed one-third part of said real estate descended
to and vested on all the parties aforesaid as
tenants in common, with the compliments,
Charles B. and Zachari w. S. A. Nelson;
that the adult heirs, the compliments, re-
nounee their right of election to take said real
estate at any valuation that might be placed
upon it; that It is not susceptible of division
among the parties in interest without loss or
injury; and that it will be to the interest and
advantage of all parties that the said real es-
tate be sold under decree of this Court, and
the proceeds divided among the parties emit.
tied thereto; and that the said Rygnald Rich
ards, James, Theodore, George H., Peter,
John, Sarah ", Carrie NJ, and Alice A.
Martin reside out of the State of Maryland;
the Bill then prays for the passage of decree
for the sale of said real estate and for general
relief
1t is thereupon adjudged and ordered that
the compliments, by causing copy of this
order to be inserted in some newspaper pub
lished in Carroll county, Maryland, once ia
each of four successive weeks, before the first
day of October next, give notice to the said
absent defendants of the object and substance
of this Bill, and warn them 10 appear in this
Court in person, or by solicitor, on or before
the second day of January, 1879, to answer
the premises and show cause, If any they have,
why decree ought not to pass as prayed.
HENRY Z. BELTZ,
Register of Wills for Carroll County.
True eopy,-Test:
HENRY Z. BELTZ,
Register Of Wills for Carroll County.