The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1883-10-20

Nicholas G. Clary, executor, VS.. Samuel Bra
shears and others.
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, lcgateea under
said will
The bill states that the said BcncdIck Clary
died in July, 1882. leaving Il last will and tca-
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
first account of said estate settled IN the Or
| phans' Court by said executor on the 2lst of
August 1888, whereby it appears that, after
| the payment of expenses and certain specific
| legacies given by said will, there was left in
the hands of said executor the sum of ST.,
S03. 90, 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, not
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
Clary, Margaret Robinson and Eliza Leisure.
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; her
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,
at-grandchildren of said Ellen Brashears,
deceased, viz: Upton j. Brashears, William
| g. Brashears, Fannie v Hood, wife of VIM.
| FL. Hood; Owen D. Brashears Henry A.
Brashears, Eden A. Brashears, Clary W.
Brashears, Ella A. Brashears, Irena r. Bra
| shears, and Ruth Z. 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, UNI
der the age of twenty-on years, and all reside
in the State of Maryland, except the said
| Samuel Brashears, who resides in Kansas;
William H. Brashears, who resides in Michi-
| gan, Joseph f. Brashears, who resides in
! Virginia; Walter j. Brashears and Eden A.
! Brashears, who reside in Pennsylvania.
That the said Joshua Clary, mentioned in
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 in
said clause of said will, is surviving sister of
the testator, having the following children
and grand children now living, viz: Her chill
dren-Henrietta Ciary, Rebecca Clary and
Samuel Clary, who all reside in Ohio; her
grand children, children of her deceased
daughter, Permelia Smith, to wit: j. Smith,
Margaret A. Smith, Oscar Smith, and Ida c..
Smith, who all reside in Indiana; her grand
children, children of her deceased daughter,
Nancy Murphy, viz: John Murphy and Alden
Murphy, who reside in Ohio; and Mary A.
Smith, wife of Charles A. Smith, who resides
in Carroll county, Maryland; all of whom are
defendants herein, are all non-residents OF
this State, except said Mary A. Smith and
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 tes-
tator, and died several years before him, leav-
ing the following two children as her only
heirs, viz: Rachel Runkles and Samuel Run
kles, both of whom reside in Illinois, and are
adult nonresident defendants.
That some of the parties interested in the
distribution of testator's estate differ among
themselves as to whether it must be done PEI
capita or per stripes, and the plaintiff, as ex-
ecutor aforesaid, being unable to decide with
safety how or amongst whom said estate is to
be distributed, has prayed said court IN his
said bill to construe said will and direct the
manner of the distribution to be made of the
testator's estate under said will, and for the
issue of the usual process for the resident de-
PENDANTS, and an order of publication against
the said absent defendants.
1t is thereupon adjudged and ordered this
Sd day of October, 1888, that the plaintiff, by
causing 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, 1883, 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 fer Carroll County.
True copy,-Test:
oct6-4t FRANK 7. SHAW, Clerk.