The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-05-22
ORDER OF PUBLICATION,
No. 1853 EQulrY.
In the Circuit Court for Carroll County.

No. 1869 EQIirY.
In the Circuit Court for Carroll County.
FAsHG kEnkuABx TEens 1880.
Catharne LuokabauKh widow, el ais ".
Polly Brodbeck ct ais.
TINE object Of this suit Is 10 procure de.
Il cree for tho sale Of certain Real Estate,
~ Carroll county, Maryland, Of which Henry
luckabangh died seized and possessed.
The Bill states on The Nth dry Of January,
A. d. 1850, Henry lsnckabangh departed this
life intestaie, in Carroll County, Maryland,
leaving at the time Of his death Caihnrine
Luckabaugh, his widow, and the following
children, his only heirs.at,law, 70 Wit
Elizabeth A. list, wife Of John List Ellen
wife Of Daniel Krebs John p. Luckabaugh,
Theodore Lnckabangh and Edward Lucka.
baugh, all Of whom are above the age Of
twenty.one years, except the said Theodore
aud Edward Luckabaugh, who are Infants,
under the age Of p years, and all reside in
Carroll county, Maryland.
That in the month Of May, A. D. 1876, q
certain Peter Luckahaugh died IN Carroll
county, Maryland, leaving a last will and tes-
lament, BY which the said interstate was APP
! pointed Executor, and duty qualified a. snch,
copy OF which Is filed with complainants
Bill marked Exhibi "Ar, aud BY which,
among other things, the said testasor devised
as follows :-"And whereas am also seized
and possessed Of certain farm OF real estate,
on which ! now reside. containing one hun.
dred and seventy acres Of land, more or less,
il is my will and Intention, and do hereby
viii, order and direct, that il shall be the res.
idenee Of my said wife Elizabeth and my son
Henry as long as my said wife Elizabeth will
Five that my said wife Elizabeth shall have
sufficient house-room in my dwelling that
my son Henry farm and give 10 my said wife
Elizabeth tho fourth bushel Of al 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 IRE wood, ready Tor the
stove my said son Henry shall pay the taxes
on the farm and keep the farm in repair from
his share Of the proeeeds Of the farm. Should
my 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, aad my said wife
Elizabeth may rent i to 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
intention, and do hereby will, order and di.
rcc, that my son Henry shall have my farm or
real estate At thirty dollars per acre, payable
: as follows, that is 70 say, one thousand dol.
lars, eft shall be paid IN six months after the
e death of my wife, aud two hundred dollars
shall be paid annually thereafter, without in
terest, until the whole amount Of the farm Is
paid. But should my son Henry refuse 10
accept the farm on the foregoing conditions
or terms, then il is my will and | do hereby
/, order and direct my executor, hereinafter
named, TO sell said farm and real estate, that
y is TO sell, all my real estate that | may die
+ possessed Of either at public or private sale
e IN which way it may prove most advantageoui
p 10 my estate; to convey and give title for th,
r same as well as could, were alive; to sci
il as soon after the death Of my wife Eliza
beth as conyeniency will admit off, and /
theR provides further, that the proceeds Of al
sales shall be applied TO the payment Of Ger
Z tain special legacies TO his children, and th
: balance TO be equally divided among ali hi
children, viz Polly, wife Of Nimrod Brod
beck; Elizabeth, wife of Jesse Wertz; Henri
l.hekabaugh, John Luckabaugh, legal heir
aud representatives Of his deceased son jacob
/. Peter Laekabaugh, and Susan, wife Of WIN
Meekley.
"a That Elizabeth Luckabaneh died before IN
or testator, aAd that the said Henry Lnekabaue
accepted the purchase of said farm mentione
in Exhibit "A, and at the time Of his deaf
was seized and possessed Of the same; tbs
said real estate descended to aud vested
the children and heirs-at law Of the intestai
subject to the dover interest therein Of IN
widow Of the iutestate, and the payment
the unpaid purchase money; that the intestai
"A IA his life TIME paid the said sum Of one thor
/ sand dollars and two annual payments Of tw
hundred dollars each, and settled his accouI
for the same in the Orphans Court Of Caro-
county; that they are informed and belle,
that the intestate paid third annual paymen
that the personal estate OF said interstate i n
sufficient TO pay bis debts that it would be
the interest OF all the parties interested Their
N in to have said real estate sold, to pay Il
amount due on said purchase money, and {
vide the balance OF the proceeds of sale amol
the parties entitled thereto; that the widow
the interstate and adult heirs OF said intesta
consent TO the passage Of decree for the 50
on Of said real estate; that Polly Brodbeck al
~ Nimrod Brodbeek, her husband, Elxabe
oI luekabaugh, widow Of Jacob Lnekabang
ie, deceased, and his children and only heirs-s
law, To wit;--Alice Grade, wife Of Ada
50, Grade, and her husband, Caroline Luck
ie. baugh, Edgar aud Oliver Luckabnueh, ada
above the age Of n years, all reside in 70
IN county, Pennsylvania, except Edgar and o
yer Lnckabaugh. who reside in Morrow ecu
II W OHIO, beyond the limits Of the State
{" Maryland; and Susanna aud William Mecklt
hd her husband, Peter W. Lnckabaueh. Eli
yo' beth and Jesse Wertz, her husband, and j o
eh' Luckabangh, adults, reside IN Carroll count
Maryland.
: The prayer Of she Bill is for The passage
~ decree for the sale Of said real estate, /
= the purpose hereinbefore mentioned, for he
or eral relief, for Order Of Publication agar
Or the non.resideuts aforesaid, and subpn
AZ against The defendants, who reside in Carr,
az county, Maryland.
W Il is, thereupon adjudged and ordered, II
va the complaiuantS, by causing a copy Of Il
lre order to be inserted IN some newspaper pu
700 lished in Carroll county, Maryland, once
'H' each Of four successive weeks, before the ii
day Of June next, give notice TO The said q
-, seat defendants Of the object and substance
'lo this Bill, and whrn them TO appear IN II
- Court, in person or by solicitor, ON or belo
.i 70 the End day Of September next, to answer
~ premises and show cause, II any they OF eth
me Of them have, why decree ought not to b.
ne, as prayed
FRANK 7. SHAW, CLERK
iay True eopy,--Tes:.