The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1883-10-13

The object of this suit is to procure de-
cree for the construction of the will OF Bene-
dick Clary, late of Carroll county, Maryland,
deceased, of whom plaintiff is executor, and
for the distribution of the estate of said de-
ceased among the defendants, legatees under
said will
The bill states that the said Benedick Clary
died in July, 1882, leaving a last will and ties.
lament, whereof he appointed the plaintiff
the executor, who has proved the same, and
obtained letters testamentary thereon; that
the testator left considerable personal and
real estate, which has been sold by the execu-
tor under the provisions of said will, and 6
first account of said estate settled in the Or
phans' Court by said executor on the 2lst Of
August 1888, whereby it appears that, aftel
the payment of expenses and certain specific
legacies given by said will, there was left IL
the hands of said executor the sum of 81,
800. SO, and will be left in his hands on future
settlement the sum of three or four thousand
dollars more, to be distributed among defen.
dants under the following clause of said will
viz: "And all the balance of my estate, moi
bequeathed in the above, be divided share
and share alike, namely, to the heirs of Ellen
Brashears, deased wife of Richard Brashears,
except Rachel Brown; heirs of Joshua Clary,
namely, William J. Clary, of Ohio; Samuel
of West Virginia; Nancy Clary's heirs Of
Ohio; Permelia Runkles' heirs of Springfield
Illinois,
That said Ellen Brashears, sister of testator,
who died before him, left the following heirs
or descendants besides the said Rachel Brown,
viz: Her son, Samuel Brashears, her daugh-
ter, Henrietta Hood, wife of Basil Hood; heI
daughter, Sarah E. Clary, wife of r. Thomas
Clary; her daughter, Catharine A. Brashears;
her grandchildren, children of her deceased
daughter, Margaret A. Brashears, who died
in 1872, viz: Henrietta E. Brashears, William
II. Brashears, Joseph f. Brashears, Susanna
R. Brashears, Ella NJ. Brashears, and Walter
J. Brashears, and her grandson, Richard G.
Brashears, son of said Margaret A. Brashears,
who survived the testator, and died in Sep
TENDER, 1882, leaving the following children,
great grandchildren of said Ellen Brashears,
deceased, viz: Upton j. Brashears, William
G.. Brashears, Fannie V. Hood, wife of YIN.
Brashears, Eden A. Brashears, Clary W.
Brashears, Ella A. Brashears, Irena r. Bra
shears, and Ruth E. Brashears. All ofwhom,
who yet survive, are defendants herein; are
all adults, except the said Henry A. Bra
shears, Eden A. Brashears, Clary w. Bra
shears, Ella A. Brashears, Irena R. Brashears,
and Ruth E. Brashears, who are infants un.
der the age of twenty-o ne years, and all reside
in the State of Maryland, except the said
Samuel Brashears, who resides in Kansas
William II. Brashears, who resides in Michi
gan, Joseph f. Brashears, who resides il
Virginia; Walter J. Brashears and Eden A
Brashears, who reside in Pennsylvania.
That the said Joshua Clary, mentioned il
the aforesaid clause of said will, was brother
of the testator, and died several years before
him, leaving the following children, mentioned
in said will, viz: William ]. Clary, who re
sides in Ohio; Samuel Clary, Margaret Rob
binson, wife of -- Robinson; and Eliza
| Leasure, wife of -- Leasure, all of the
State of West Virginia, who are all defen
dants herein, all adults, and all non-residents
of this State.
That the said Nancy Clary, mentioned il
said clause of said will, is surviving sister o
the testator, having the following children
and grand children now living viz: Her chill
dren-Henrietta Clary, Rebecca Clary anC
Samuel Clary, who all reside in Ohio; hel
grand children, children of her deceased
daughter, Permelia Smith, to wit j. Smith
Margaret A. Smith, Oscar Smith, and Ida G.
Smith, who all reside in Indiana; her CRANE
children, children of her deceased daughter
Nancy Murphy, viz: John Murphy and Alder
Murphy, who reside in Ohio; and Mary A
Smith, wife of Charles A. Smith, who reside!
in Carroll county, Maryland; all of whom are
defendants herein, are all non-residents o
this State, except said Mary A. Smith anC
husband, and are all of age, except said Mar
garet, Oscar and Ida Smith, and Alden Muir
! ply, who are infants under the age of twenty
one years.
That the said Permelia Runkles, mentioned
in said clause of said will, was a sister of ties
\ tot and diad Ca1,arol hafnra him laau
| ing the following two children as her onlI
heirs, viz: Rachel Runkles and Samuel Run
kles, both of whom reside in Illinois, and are
| adult non resident defendants.
That some of the parties interested in thu
distribution of testator's estate differ among
themselves as to whether it must be done pc
capita or per stripes, and the plaintiff as ex
ecutor aforesaid, being unable to decide witt
| safety how or amongst whom said estate is t.
be distributed, has prayed said court in hi
| said bill to construe said will and direct thu
manner of the distribution to be made of thu
testator's estate under said will, and for thu
issue of the usual process for the resident de
PENDANTS, and an order of publication agains
the said absent defendants.
1t is thereupon adjudged and ordered thi
| Sd day of October, 1888, that the plaintiff, b.
causing a copy of this order to be inserted IL
some newspaper published at Westminster
in Carroll county, Maryland, once in each o
four successive weeks before the 9th day o
November, 1888, give notice to the said alb
sent defendants of the object and substance
of this bill, and warn them to appear in thi
court in person or by solicitor on or before
the 9Th day of February, 1884, to answer thu
premises and show cause, if any they have
| why decree ought not to pass as prayed.
FRANK T. SHAW,
Clerk Circuit Court for Carroll County.
True copy,-Test
oct6-4t FRANK T. SHAW, Clerk.