The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-05-01
ORDER OF PUBLICATION

NJ. loOJ Equity.
In the Circuit Court for Carroll Co,,,,,.
FEBRUARY TERN, lsSO
Calbnrine Luckabangh, widow. q nj.
Polly Brodbeck Ct ais
YINHE obiect Of this suit is 10 procu,,. 4.
cree for the sale Of certain Real 80.
in Carroll county, Maryland, Of which H.
luckabaugh died seized aud possessed
The Bill states ON the 18th day of Jan.o..
A. u. 1850, Henry Lnckabaagh departed M,
inc iuteslale, w Carroll county, MurylanJ
leaving at the time Of his death Catba,,ai
I.urkabaugh, his widow, and the foilou;n.
children, his only helrs'at-law, 10 Wis
Elizabeth A. List, wife Of John List; Flu,
Fair, wife Of Henry l.. Fair, MARY KrcI,
wills of Daniel krebs. John +. Lnckahan,T
Theodore l.uckabaugh aud Edward Incl
baugh, all Of whom are above the ace ~
twenty. one years, except the said 1heodo,s
mud Edward Luekabaugh, who are infant,
under the age Of 81 years, and all reside n
Carroll county, Maryland.
That in the month Of May, A. b. 1876. ,
certain Peter Luckabaugh died in Carro
county, MARYLAND, leaving last will and To-.
lament, BY which the said intestate was An.
pointed Executor, aud duly qualified as such
a COPY Of which IL filed with Complainant,
Bin marked Exhibit "An, aud BY which
among other things, the said ,es,ator devised
as foliows:-"ARd whereas | am also seized
and possessed Of certain farm or real estate
on which now reside, containing one hun.
bred and seventy acres Of land, more or less
il is my will aud iatention, aud | do hereby
will, order and direct, that ii shall be the fei
idence OF my said vito Elizabeth aud my son
Henry as long as my said wife Elizabeth will
live that my said wife Elizabeth shall have
sufficient hOuse.room IN my dwelling; tha,
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 ns equiyA.
lent in ready money; that ms son Henry
shall board my wife, and shall always provide
her with sufficient FIRE wood, ready Tor the
s,oys. my said son Henry shall pay the taxes
ON The farm and keep the farm in repair ron
nj, share of the proeeeds Of the farm. Should
nv son Henry refuse to farm my said farm On
the foregoing terms, or on the terms that he
aud my said wife may agree, then he shall
move away from said farm, aHd my said wife
Elizabeth may rent II to any one else, and on
any condition, provided the farm will bo KEEP,
in good repair and the taxes paid out OF the
proceeds OF the farm. Alter the death Of nv
said beloved wife Elizabeth, II Is my will and
intention. and do hereby will, order aud d.
reel, that my son Henry shall have my farm OF
real estate at thirty dollars per acre, payable
as follows, that Is to say, one thousand dol
lars, Of shall be paid IN six months after the
death Of my wife, and two hundred dollars
shall be paid annually thereafter, without IN,
,erest, until the whole amount Of the farm is
raid. But should my son Henry refuse 10
accent the farm on the foregoing conditions
or term., then Il is my will and do hereby
order and direct my executor, hereinafter
named. TO sell said iarm aud real estate, tha,
il 10 sell, all my real estate that ! NAV die
possessed Of, either at public or private sale,
in which way il may prove most advantageous
20 INV estate; 10 convey and give itle for The
same as well a. | could, were ! alive; 10 sci.
il as soon after the death OF my wife Eliza.
beth as conveniency will admit Of; aud 1t
thea provides further, that ths proceeds OF all
sales shall be applied to the payment OF Ger,
tain special lcgacics TO his children, and the
balance TO be equally divided among oil his
children, viz Polly, wife Of Nimrod Broi,
beck: Elizabeth, wife Of Jesse wer,z; Henry
Luckabaugh John Luckabaugh, legal heirs
aud representatives OF his deceased son Jacob,
Peter LuekAbaugh, and Susan, wife Of Wm,
Meckley
That Elizabeth Luckabaugh died before the
lestator, and that the said Henry LuckAbaugh
accepted the purchase Of said farm mentioned
ia Exhibit "A ~ aud nj the time OF his death
was seized and possessed OF the same; tina,
said real estate descended to and vested in
the children and heirs at Law Of the interstate
subject 10 the dover interest therein OF the
widow Of the inlesiaie, and the payment Of
the uupaid purchase money that the interstate
10 his life time paid the said sum 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 interstate paid third annual payment
that the personal estate Of said inteslate is not
sufficient to pay his debts; that it would be to
the interest Of all the parties interested there
ia 10 have said real estate sold, to pay the
amount due on said purchase money, aud d.
vide the balance Of the proceeds OF sale among
the parties entitled thereto; that the widow Of
the interstate and adult heirs Of said interstate
consent 10 the passage Of decree for the sale
Of said real estate; that Polly Brodbeck and
Nimrod Brodbeck, her husband, Elizabeth
Luckabaugh, widow Of Jacob Luekabaugh,
deceased, and his children and only heirs. at
law, to wit:--Aliee Grade, wife of Adam
Grade, and her husband, Caroline Lueka
baugh, Edgar and Oliver Luckabaugh, adults
above the age Of u years, all reside in York
county, Pennsylvania, except Edgar and OH
yer Luckabaugh, who reside in Morrow couu'
", Ohio, beyond the limits Of the State OF
Maryland; aud Susanna aud William Meckley,
her husband Peter w. LuckRbangh, Eliza
beth and Jesse VERT, her husband, and John
Luekabaugh, adults, reside in Carroll county,
Maryland.
The prayer OF the gill is for the passage Of
decree for the sale Of said real estate, for
the purpose hereinbefore mentioned, for gen
eral relief, for an Order OF Publication agains,
the non residents aforesaid, and subpoena
against the defendants, who reside in Carroll
county, Maryland.
IL is, thereupon adjudged aud ordered, thai,
the complainanis, by causing a copy OF this
order to be inserted in some newspaper pub
lished Ia Carroll county, Maryland, once in
each OF four successive weeks, before the first
day Of June neat. give notice 10 the said al
seat 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 Ind day Of September next, to answer the
premises and show cause, if any they or either
OF them have, why decree Gus ht not to pass
as prayed.
FRANK 7. SHAW, Clerk.
True oopy,-Tes.
may lot FRASE 7. SHAW, Clerk,