The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-05-08
ORDER OF PUBLICATION


NJ. 1909 EQUITY.
Ia the Circuit Court for Carroll Coun,v
FEREuARr TERs, 1850
Calharine Luekabaugh, widow, Of al.
Polly Brodbeek ct ais
TIME object Of this suit is to procn,o
Il cree for the sale Of certain Real F',.,es
in Carroll county, Mary land, Of which IL,
Luckabaugh died seized and possessed.
The Bill states on the 18th day Of JAns,..
A. ID. 1880, Henry luekabaugh depare5,r
life interstate, in Carroll county, Maryl.s1s
leaving at the time Of his death Caihss;u,
LuckabAugh, his widow, aud the follov;sss
children, bis only heiFs-at-law, 10 Vii
Elizabeth A. List, wife of John last; Pin
Fair, wife Of Heary l.. Fair; Mary K,arln
wife Of Daniel krebs; John p. LuekAbsnai
Theodore LuckAbaugh and Edward Instu-'
bAugh, all Of whom are above the sgs :,
twenty one years, except the said 1heodosa'
and Edward Luekabangh, who are imam.
under the age Of u years, and oil reside T.
Carroll county, Maryland.
That in the month Of May, A, d. 1876
certain Peter Lnekabaugh died in Car,ail
county, Maryland, leaving last will and H.
lament, by which the said intesiate was ~
pointed Executor, and duly qualified IA surs
a copy Of which is filed with Complainant,
Bill marked Exhibit IA, and By which
among other things, the said teslator deyiss3
as llous.-"And whereas | am also sei,si
and possessed Of a certain farm or real eslai.
on which ! now reside, containing one bnni
dred and seventy acres Of land, more or H..
It is my will and iatention, and do hsrebs
will, order and direct, that it shall be the re-,
idence Of my said wife Elizabeth aud nv -,
Henry, as long as my said wife Elizabeth sill
live; that my said wife Elizabeth shall hay"
sufficient house.room in my dwelling ths,
my son Henry farm and give TO my said MI
Elizabeth the fourth bushel Of all the rrpin
that he will raise on said farm, or lis eqgiya.
lent in ready money that my son HEAR
shall board my wife, and shall always proyiS.
her With sufficient fire ws0d, ready ior tks
stove; my said son Henry shall pay the taxe,
on the farm and keep the farm in repair rom
his share Of the proceeds Of the farm. ShooB
my son Henry refuse 10 farm my said farm on
the foregoing terms, or on the terms that he
and my said wiiO may agree, thea he shan
move away from said farm, aHd my said M,
Elizabeth may rent il to any one else, and Oh
any condition, provided the farm will DO kept
10 good repair aud the taxes paid ou, Of Ike
proceeds Of the farm. Aiter the death Of nv
said beloved wife Elizabeth, il il my will and
intention, aud do hereby will, order and di
rect, that my son Henry shall have my farm or
real estate al thirty dollars per acre, payable
a. follows, that IL TO say, one thousand DOL
lars, oft shall be paid in six months after The
death Of my wife, and two hundred dollar,
shall be paid annually thereafter, without 10.
terest, until the whole amount OF the farm Z
paid. But should my son Henry refuse to
accept the farm on the foregoing condition,
or terms, then il is my will and | do hereby
4 L
named, 10 sell said iarm aud real estate, iha,
is 70 sell, all my real estate that | may Die
possessed Of, either ri pahlie or private SALE
in which way It may prove most advantageous
10 my estate; 10 convey aud give title for the
same As well as | could, uere | alive; to sell
!, as soon after the death Of my wife Eliza.
beth as convenisney will admit Of; aud il
thea provides further, that the proceed, Of an
sales shall be applied to the payment OF Ger.
tain special legscies 10 his children, and he
balance to be equally divided among all bis
children, via Polly, wife Of Nimrod Btod.
beck; Elizabeth. wife Of Jesse Vert; HourY
LuckAbApgh, John LuekAbaugh. legal hem
and representatives of his deceased son Jacob,
Peter Luekabaugh, aud Susan, wife Of Wn
Meckley.
That Elizabeth LuekAbaugh died before The
teatAtor, aAd that the said Henry LuekabAugh
accepted the purehAse Of said farm mentioned
in EKhibi, "a, aud at the time OF bis death
was seized aud possessed Of the same; tia.
said real estate descended to and vested 10
the children and heirs at law Of the interstate
sabjest TO the dover interest therein Of the
widow Of the intestate, and the payment Of
the unpaid purchase money; that the interstate
in his life time paid the said sum Of one ihOl.
sand dollars aud two annual payments Of two
hundred dollars each, and settled bis account
for the same in the Orphans Cour, Of Carroll
county; that they ara Informed and believe
that the iniestste paid a third annual payment;
that the personal estate Of said intes,a,e Is not
sufficient TO pay his debts; that il would be to
the interest Of Ell the parties interested there
in TO have said real estate sold, TO pay the
amount due on said purchase money, and d.
vide the balance OF the proceeds OF sale among
the parties entitled thereto; tina. the widov Of
the intestAte and adult heirs Of said interstate
consent TO the passage Of decree for the sale
OF said real estate; that Polly Brodbeck and
Nimrod Brodbeck, her husband, Elizabeth
| LuckAbaugh, widow Of Jacob l.uckahaugh,
deceased, and his children and only heirs.ai-
law, TO wit Alice Grade, wife OF Adam
Grade, and her husband, Caroline LuckA.
baagh, Edgar and Oliver Luckabangh, adults
above the age OF n years, all reside 10 York
county, Pennsylvania, except Edgar and OIL.
yer Luckabaugh, who reside 10 Morrow coan-
~, Ohio, beyond the limits Of the State Of
Maryland; and Susanna aud William Meckley.
her husband, Peter W. LackabAugh Eliza.
beth and Jesse Weriz, her husband, aud John
lnekabaugh, adults, reside in Carroll county,
Maryland.
The prayer Of the Bill Is for the passage Of
q decree for the sale of said real estate, for