The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-05-15
ORDER OF PUBLICATION.
No. la6p EQuITY.

OhUhh VI EuDAhUAA4ONs
NO. 1850 EQUITY.
In the Circuit Court for Carroll County.
FEBhvsRF TEars 1880.
Catharine Luokabaugh, widow, el als. vs.,
Polly Brodbeck ct ais.
F71HE object Of this salt Is to procure de-
Il cree for the sale of certain Real Estate,
in Carroll county, Maryland, Of which Henry
Lucknbaugh died asized and possessed.
The Bill slatea on the l4th day Of January,
A, D. 1850, Henry Luckabaugh departed this
life intesiaie, in Carroll county. Maryland,
leaving at the time Of his death Caihafine
Luckahangh, his widow, and the following
children, his only heirs-at.law, 70 witt
Elizabeth A. List, wife Of John Last; Ellen
Fair, wife Of Henry l.. Fair Mary krebs,
wife Of Daniel Krebs; John p. Luckabangh,
Theodore Luckabaugh and Edward Lncka-
baugh, all Of whom are above the age OF
twenty one years, except the said Theodore
and Edward Luckabaugh, who are Infants,
under the age Of 81 years, and all reside in
Carroll county, Maryland.
That 10 the month Of May, A. ID. 1876, q
certain Peter Luekabaugh died in Carroll
county, Maryland, leaving last viii end les-
lament, by which the said intestate was ap-
pointed Executor, and duly qualified as such,
Bill marked Exhibit "A", and BY which,
among other things, the said lestator devised
as follows :---"And whereas ! am also seized
and possessed Of certain farm or real estate,
on which ] now reside, containing one hun
dred and seventy acres Of land, more or less,
it is my will and intention, and | do hereby
will, order and direct, that il shall be the res
idence Of my said wife Elizabeth end my son
Henry, as long as my said wife Elizabeth will
live; that my said wife Elizabeth shall have
sufficient houseroom in my dwelling; that
my son Henry farm and give to my said wife
Elizabeth the fourth bushel Of all the grain
that he will raise on said farm, or lis equiva-
lent in ready money; that my son Henry
shall board my wife, and shall always provide
her with sufficient FIRE wood, ready fog the
stove; 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 farm, and my said wife
Elizabeth may rent II 10 any one else, and on
any condition, provided the farm will be kept
IN good repair and the taxes paid out Of the
| proceeds OF the farm. After the death Of my
said beloved wife Elizabeth, il is my will and
4 intention, and do hereby will, order and d.
!
real estate at thirty dollars per acre, payable
"a follows, that is to say, one thousand dol
lars, gift 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 "a
accept the farm on the foregoing conditions
or terms, then il is my will and I do hereb,
order and direct my executor, hereinaftsl
named, 10 sell said farm and real estate, thai
is to sell, all my real estate that | may di'
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 thu
same as well as could, were / alive; to sci
i as soon after the death Of my wife Eliza
beth as conveniency will admit OFF, and 4
then provides further, that the proceeds Of al
sales shall be applied to the payment OF Ger
tain special legacies to his children, and IN,
balance to be equally divided among all BIZ
children, viz Polly, wife Of Nimrod Brod
beck; Elizabeth. wife Of Jesse Wertz; Henri
Luekabaugh, John Lucksbaugh, legal heir
and representatives of his deceased son Jacob
Peter Luckabangh, and Susan, wife of WIN
Meckley.
That Elizabeth Luekabaugh died before III
testator, and that the said Henry Lackabaue
accepted the purchase Of said farm mentione
ia Exhibit "a and at the time OF his deaf
was seized and possessed of the same; tbs
said real estate descended to and vested /
! the children aud heirs-at. law Of the intestat
subject to the dover interest therein Of III
widow Of the intestate, and the payment
The unpaid purchase money; that the inissial
! in his lite time paid the said sum OF one fhos
sand dollars and two annual payments of tw
! hundred dollars each, and settled his accom-
for the same in the Orphans Court of Caro-
county; that they are informed and belle,
that the inieslate paid third annual paymen
that the personal estate Of said interstate is n,
sufficient TO pay his debts; that il would be
the interest OF all the parties Interested Their,
IN 10 have said real estate sold, to pay II
! amount due on said purchase money, and q
vide the balance Of the proceeds Of sale amo,
The parties entitled thereto; that the widow
the intestate and adult heirs of said in,esta
= consent TO the passage of a decree for the 50
OF said real estate; that Polly Brodbeck AZ
Nimrod Brodbeck, her husband, Elizabel
l.uckabaugh, widow Of Jacob LuckabaugI
deceased, and his children and only heirs-n
D law, TO wit;-Alice Grade, wife Of Ada
/ Grade, and her husband, Caroline Luck
baugh, Edgar and Oliver Luckabaugh, adul
\ above the age Of Il years, all reside IN Yor
! county, Pennsylvania, except Edgar and Oh
z 80 t-NfNaDookuf WIN fttlut IN m0frDH GOuI
y, Ohio, beyond the limits Of the State
Marylandi and Susanna aud William Meckle
her husband, Peter w. Luckabaueh, Elix
\ beth and Jesse Vert, her husband, and Jol
! Luckabaugh, adults, reside in Carroll count
! Maryland. re
+ The prayer ofths Bill is for the passaee
decree for the sale of said real estate. &
the purpose hereinbefore mentioned, Tor gel
ersl relief, for an Order Of Publication again
the non.residents aforesaid, and a subpeu
against the defendants, who reside in Caro-
county, Maryland.
Il is, thereupon adjudged and ordered, IN
! the complaiuanss, by causing q copy OF Ia
| order. to be inserted in aome newspaper pul
ished in Carroll county, Maryland, once
each Of four successive weeks, before the Cir
day Of Jone next, give notice 10 the said a
seat defendants Of the object and substance
J this Bill, aud warn them to appear in III
Court, IN person or by solicitor, on or befo.
the md day Of September next, 10 answer Ii
premises and show cause, II any they or eth,
Of them have, why decree ought not 70 pal
as prayed.
FRANK I. SHAW, Clerk.
True copy,--Test.
may list FRANK 7. SHAW, Clerk.