The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-05-29
ORDER OF PUBLICATION,
NO. 1853 EQUITY.

In the Circuit Court for Carroll County. !
FEBRUARY TERM, 1880. !
Catharine l4uekabaugh, widow. et als. Va
Polly Brodbeck ct ais.
V,HE object Of this suit is to procure de
u cree for the sale Of certain Real Estate
IN Carroll county, Maryland, Of which Henr,
Luekabaugh died seized and possessed
The Bill states on the 18th day of January.
A. ID. 1850, Henry Luekabaugh departed thi,
lile in,estate, in Carroll county, MARYLAND
leaving at the time Of his death Catbarins
Luekabaugh, his widow, and the followino
children, his only heirs-at-law, to Wit
Elizabeth A. List, wife Of John List; Ellen
Fair, wife OF Henry l., Fair; Mary Krebs,
wife OF Daniel krebs; John =. Luekabauqh,
Theodore Luckabaugh and Edward Lueka.
baugh, all OF whom are above the age OF
twentyone years, except the said Theodore
and Edward Luckabaugh, who are infants,
ender the age OF q years, and all reside 10
Carroll county, Maryla
That in the month Of Nav, A. D. 1876 n
certain Peter Luckabaugh died in Carroll
county, Maryland, leaving last will and los.
lament, by which the said inteslate was nm.
pointed Executor, and duly qualified as such,
a copy Of which is filed with Complainant !
Bill marked Exhibit "Ai, and by which.
among other things the said tes,a,or devised
as follows ;-"And whereas am also seized
aud possessed Of certain farm or real estate.
on which | now reside. containing one hun.
dred and seventy acres Of land, more or less,
1t IS my will aud Intention, and | do hereby
VIII, order and direct, that it shall be the res.
idence Of my said wife Elizabeth and MY son
Henry, as long as my said wife Elizabeth will
live that my said wife Elizabeth shall have
suihcient house-ro in my dwelling; that
la HArrv npA -. -
Elizabeth the fourth bushel Of ali the grain
that he will raise on said farm, or It's eqniya
lent in ready money; that my son Henry
shall board my wife, and shall always provide
her with sufficient fire wood, ready for the
siovsi my said son Henry shall pay the taxes
on the farm and keep the farm in repair from
his share OF the proceeds Of the farm. Should
my son Henry refuse TO farm my said farm on
the foregoing terms, or on the terms that he
and my said wife may agree, then he shall
move away from said larm, and my said wife
Elizabeth may rent il TO any one else, and on
any condition, provided the farm will be kent
IN good repair and the taxes paid out Of the
proceeds Of the farm. After the death Of my
said beloved wife Elizabeth, it Is my will and
intention, and do hereby will, order aud di.
rect that my son Henry shall have my farm or
real estate at thirty dollars per acre, payable
as follows, that is TO say, one thousand dol,
lars, oft shall be paid in six months after the
death Of my wife, and two hundred dollars
shall be paid annually thereafter, without In.
terest, until the whole amount of the farm il
paid. But should my son Henry refuse TO
accept the farm on the foregoing conditions
or terms, then 1t is my will and | do hereby
order and direct my executor, hereinafter
named, to sell said farm and real estate, that
Is 10 sell, all my real estate that | may die
possessed OF, either at public or private sale,
IN which way it may prove most advantageous
TO my estate; TO convey and give title for the
same as well as could, were | alive; 10 sell
It as soon after the death Of my wife Eliza.
beth as eonyenieucy will admit Off" and il
thea provides further, that the proceeds Of all
sales shall be applied to the payment Of Ger.
tain special legacies to his children, and the
balance to be equally divided among all his
children, iz;-Polly, wife Of Nimrod Brod.
beck; Elizabeth, wife Of Jesse Wertz; Henry
Lnekabaugh, John Luckabaugh, legal heirs
aud representatives ofhis deceased son Jacob,
Peter luekabaugh, and Susan, wife Of Wm.
Neckley.
That Elizabeth I.uckabaugh died before the
iestaior, and that the said Henry Luckabaugh
accepted the purchase Of said farm mentioned
m Exhibit "A, and at the time of his death
was seized and possessed Of the same; that
SAID real estate descended to aud vested in
the children aud heirs.at.law Of the intestate
subject 10 the dover interest therein of the
widow OF the intestatc, and the payment Of
shc unpaid purchase money; that the intestate
IN his life time paid the said SUN Of one thou.
sand dollars and two annual payments Of two
hundred dollars each, and settled his account
for the same in the Orphans Court Of Carroll
county that they are informed and believe
that the intosiate paid a third annual payment;
that the personal estate Of said ntestate is not
sufficient to pay his debts; that it would be TO
lhe interest Of all the parties interested there.
IN to have said real estate sold, to pay the
amount due on said purchase money, aud di.
vide the balance Of the proceeds Of sale among
the parties entitled thereto; that the widow ef
the intesiate aud adult heirs Of said in,estate
consent to the passage of decree for the sale
OF said real estate that Polly Brodbcck and
Nimrod Brodbeck, her husband, Elizabeth
l.uckabaugh, widow Of Jacob l.uekabaurh,
deceased, and his children and only heirs'at
law to wit;-Alice Grabe, wife OF Adam
Grabei and her husband, Caroline Lucka.
oaughi Edgar and Oliver Luckabaugh, adults
above The age Of q years, all reside in York
county, fennsylvania, except Edgar and Oil,
yer Luckabaugh, who reside 10 Morrow coun. /
y, Ohio, beyond the limits Of the State of I
Maryland; and Susanna and William Meekley, |
her husband, Peter W. Luckabaueh. Eliza. |
beth and Jesse Wertz, her husband, aud John
! ihekabaugh, adults, reside in Carroll county, I
Maryland.
The prayer of the Bill is FOR the passage of
I, decree for the sale Of said real estate, for /
ihe purpose hereinbefore mentioned, for gen. |
rral relief, for an Order Of Publication against /
'he non. residents aforesaid, and su6pnna |
against the defendants, who reside in Carroll /
county, Maryland.
II is, thereupon adjudged aud ordered, that
ne complainants, by causing copy OF this
order TO be inserted in some Newspaper pub.
'shed 10 Carroll county, Maryland, once in
,,aeh OF four successive weeks, before the first
lay Of June noKt, give notice to the said alb.
Ieni defendants Of the object and substance of
ms thI Bill and warn them to appear in this
,ourt IN person or by solicitor, on or before
ne End day Of September next, to answer the
'remses and show cause, IL any they or either
\ them hagfi why decree ought pot 10 pass
s prayed.
FRANK T. SHAW, Clerk.
True copy, ,--Tes,;
may l.5t Frank 4. SHAW, Clerk