Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1879-07-25

tells OF Lcmuel Ofiutt, Diseased, VS..
John Ofutt, Mary A. Offutt and
others.
In the Circuit Court for Montgomery
County, as a Court Of Equity.
THE object of this petition is to make adj
i ditional parties defendant 10 bill filed
in this Court by the petitioners seeking 20 re-
vive decree of the Circuit Court for Mont
gomery county, as Court Of Equity, passed
on the llih day of November, 10 the year
1856, in q cause in said Court wherein
the Farmers aud Mechanics Bank of
Georgetown, D.. c., was complainant and
John Offutt, James Olrutt and Mary A. 0nutt,
his wife, were defendants, and 10 procure a
decree reviving said decree Of tho llth of No
vember, 1856, and directing the lands and
premises in said proceedings mentioned and
described to be sold for the payment Of the
petitioners claim.
The petition states that on the 23d day of
June, in the year l3G5, the petitioners, James
W. Offutt and William NJ. lsaacs, Admins
traitors of the good and chatcls of Lcmuel
Ofutt, deceased, filed their bill Of complaint
in this Court, alleging that by decree of this
Court, dated on the lth day of November,
In tho year 1856, and passed in cause where
in the Farmers aud Mechanics Bank
OF Georgetown, d. G., was complainant and
John Otfutt, James 0fiutt and Mary A. Offutt,
bis wife, were defendants, it was among other
things ordered and decreed that Richard j..
bowie, OF said county, was constituted aud
appointed Trustee in the place and stead OF
Johu kur'z and Clement Cox, and that no
nave iuli power ana authoriiyto execute tho
original trust and to sell The lands aud promi-
Sos IN the proceedings mentioned ana described
according 70 the provisions Of the decd OF trust
tnerein referred to Ior the payment OF the
claims thereby intended to be secured, rs by
reference 70 tho said decree then remaining OF
record in''his Court would more fuliy ana at
large appear, and further alleging that The
said Lemuei onutt, IN his Lifeline, on or about
the 2Oth dey OF July, IN the year 1907, paid
to the said Richard j. Bowie, as solicitor Tor
the complainant, tho full pnount Of the COM
plainants claim, with interest thereon anu
the, COSTS OF said suit whereupon the said
hicnaro y. Bowie, as solicitor as aforesaid, Or
dered the SAID decree 10 DC entered Tor the uso
81 the said Lemuci ouutt without recourse TO
me complainant, when was accordingly done
as would appear BY reference to the papers and
docket entries IN sara cause. That said hill
further alleged that before the payment oil said
claim and the execution oil said decree the said
and the petitioners had been duly appointed
by the Orphans Court OF Baltimore county
Admlnistrators OF MS estate ana had duly
qualihed ns such, ana tbat the SAID james Of-
futt, one OF the defendants 10 said original
cause, had departed this life interstate leaving
q widow, Mary A. Ouutt, and the following
children his heirs-at-law and legal represent
atives, VIZ; John u. Ouutt, Bette y. Quit,
who intermarrled with certain Nathaniel
Ciagelt, James n; Onntl, hosahna Il: ohutt,
Lemuei Oiiutt, Elia Vnntt Oiara Onuu ana
Milford ohutt that ieiters OF administration
on the personal estate OF the snid James Oi-
futt had been duly granted BY the Orphans
Court OF montgomery county TO the safe Jno.
Uhutt, ana thal inc snld hosainh ". OHult,
Lemuel OHutt, Ella omit, Clara U. Ohuttan
Milford ohutt were INFANTS under the age OF
twenty-one years,
Ihat sara Dill charged tnat sa'd decree re-
manned unexecuted and mat the complainanis'
claim had never been paid ana that they were
ADVISED mat they were entitled 10 nave the
said DECREE revived against the said Jonn VI
nut individually and rs administrator OF The
said James Onutt, deceased, ana against the
said Mary A. ohuit, John D: Omit, Nathan-
lei Clagcu ana betle y. Ulageit MS wiie,
James II: Ofutt, kosanna X. O1ntt, Lemucl
oitntt, Ella Ohuft, Clara Y. ohuttand Milford
Onutt, and the prayer OF said bill was for
subpoena scirc iacias against the aoovc-named
defendants, commanding them to appear IN
this Court and show cause, II any they had,
why said decree should not DO revived as
prayed.
The petition further s'a'es tnat SAID subpG-
ma scire lacias was duiy issued IN sa'd cause
ana all of SAID defendants We're duly sum-
moned 10 appear 10 ana answer sara Dill OF re-
vivor but failed to appear and lille their an-
swers thereto, since whlch Time no further
proceedings have been taken In said cause.
The petition further states that since the pro-
ceedines hereinbeioro referred to, the said
mary A .onutt, WIDOW OF the SAID james of-
nut, has departed TINS life intestatc. that the
said John ID. Oilutt has removed 10 the State
Of Tennessee that the said Rosanna r. Of
nut has departed THIS lie intestateandw without
issue that the said Lemnel Ohntt has at
tanned the age OF twenty-one years, inicrmar-
ried with a certain Sarah u. Dukes and re-
moved 10 Westmoreland county, in the State
Of Pennsylvania that the said Clara q. Ofutt
has attained the age OF twenty-ono years and
intermarrcd with a certain Theodore Stauher,
OF Frederick county, In The State OF Maryland,
and that the said Ella Ohutt and Milford Of
fntt have respectively attained the age OF TWEEN
ty-one years. that the said John OfIntt has de-
parted this lie Interstate leaving widow, viz:
Charlotte A. Onutt two sons, viz John Il.
ORntt, intermarried with certain - Offntt,
aud residing Ia the State OF Tennessee, Nicho-
las A. Offntt, intcrmarricd with certnin =
Ofutt and also residing 10 the State Of Ten
ncssco two daughters, VIZ: Eliza ", inter
married with certain William N. Bull, OF
said Montgomery county, and Mary A., In
termarried with q certain William y. Perry,
OF Montgomery county, and three children OF
a deceased daughter, Marin r., who had in
termarried with certain Robert O. Council,
and departed this life before the said John Of