The Republican. [volume] (Oakland, Md.) 1877-current, 1884-04-19
Order of Publication
Nicholas Merrill, ct. al. VS.. Philip Merrill,
ct. al.
No. 500 Equity. In the Circuit Court for Gar
rntt ltni1 Mt

Tell county.
The object of this suit is to procure decree
for the sale of the real estate Of stephen Mer
rill late OF Garrett county. deceased.
The bill OF complaint alleges that the said
stephen Merrill departed this life on 2Sth day
of September 1888, seized and possessed of
valuable Real Estate in said county, as shown
by "EXhibit A., leaving surviving him as his
only representatives and heirs at law the fol
lowing persons, tO-Wit: Philip Merrill. the
said Nicholas Merrill, stephen Merrill, Mary
+. Merrill and George w. Merrill, as his only
surviving children, and the following grand
children, to-wit: Ida Merrill, intermarried
with a certain Albert Porter, George +. Mer-
rilI Mary Merrill Stewart Merrill and New
ton Merrill, children of Isaac Merrill, q son
OF said stephen Merrill, deceased and who
departed this life prior to the death of the said
stephen, Alice Hesen, Mary +. Hesen, inter-
married with certain Lloyd II. Bell, Ida
HeSen, George Hesen and Robert Hesen, chill
ur,.,, -, ,','"eV Merrill = dauoh1e, = said
stephen Merrill, deceased, who3ntermarried
with certain Bernhard Il Hesen, e ana 1eS VINO Sn
said father. and Henry Jerlzins, stephen Jer-
kins William Jerkins and Joseph Jenkins,
children Cf Rebecca Merrill, a daughter OF
said SteDhen Merrill, deceased, who inter
married with a certain Frederick jenkins
ana who also departed this life prior to the
Ieath ofhel father. That the following nam
ed are infants under age of Oftwenty-one years,
to-wit: Georgia f.. Merrill, Mary Merrill,
Stewart Merrill, Newton Merrill Ida Hesen
George Hesen and Robert Hesen. That the
tndStephen Merrill are each entitled to an
one undivided eighth interest, and the said
Ida Porter, George d. Merrill Mary Merrill,
Stewart Merrill and Newton Merrill are each
entitled to an one-tiifth ofan one undivided
eight interest, and the said Alice Hesen, Mary
+. Bell, Ida, George and Robert Hesen are
entitled to an one fifth of an one undivided
eighth interest, and the said Henry, Stephen,
William and Joseph Jenkins are each entitled
to an One-tourth of an one undivided eighth
interest in said real, after the payments of the
lions M M 1lNrnt t,f.aC in, ftap
mentioned. That said stephen Merrill now
deceased, was in his life time indebted unto
the plaintiff, GilmorS. Hamill, in large sum
of money to secure the payment of which he
executed and delivered to said Hamill
Mortgage now over due and unpaid, upon
said land, as shown by Exhibit B." That said
stephen Merrill was also indebted unto Robi-
son Savage and Mary Kent Executors of
David Kent, deceased. upon a judgment in
the Circuit Court for Garrett county, which
was for value assigned to a certain George j.
Spiker, and which said judgment remains
due and unpaid, as shown by "EXhibit c." and
that said stephen Merrill was also in his life
time, and al his death, indebted unto the
plaintiff, Nicholas Merrill, in a very large
sum Of money as shown by "EXhihit D." for
services rendered to said decedent by said
Nicholas Merrill and family for the period of
about twelve years, during which time said
decedent resided with said Nicholas Merrill.
upon said real estate, and requiring the con-
stant attention of said Nicholas Merrill and
family in caring for, nursing maintaining
and providing for the wants and necessities
of the said stephen Merrill. That at e. eat
expense to himself the said Nicholas Merrill,
made many valuable, material and perma-
nent improvements upon said real estate. far
exceeding the rental value of said real estate
for said period of twelve years. during which
he resided thereon. That said Stephen Mer-
rill, deceased, left no personal property OF any
character upon which administration could
be had, or out of which said claims could be
paid, and that the plaintiffs are advised that
they are entitled to have said real estate sold
under u decree of this Court the claims of the
various creditors paid out of the proceeds of
sal id sale, and the balance if any, distributed
amongst the persons entitled thereto. accord
ing to their respective interests therein. The
bill then prays for decree for sale of said real
estate, and proceeds distributed as aforesaid,
and for writ of Subpoena against resident de-
lendants, and an Order of Publication against
non-residents, as follows: Philip Merrill
whose residence is unknown to the plaintiff,
stephen Merrill, who resides in the State OF
Illinois, Mary Merrill. Stewart Merrill and
Newton Merrill, who reside in the State of
PennSylvania, and Ida Hesen, George Hesen,
Robert Hesen, Henry Jenkins, stephen Jer-
kins, William Jenkins and Joseph Jenkins,
who reside in the State OF West Virginia.
1t is thereupon ordered this seventh day of
| April, 4. d. 1884, by the Circuit Court in
| Equity that the plaintiffs cause a copy of this
| order together with the object and substance
| of the bill to he inserted in some newspaper
| published in Garrett county, once q week for
| four successive weeks before the fifth day OF
| May next, giving notice to the said Philip
| Merrill, stephen Merrill, Mary Merrill, Stew
| art Merrill, Newton, Merrill, Ida Hesen, Geo
| Hesen, Robert Hesen. Henry Jenkins, Stephen
! Jenkins, William jenkins and Joseph jenkins
| and warning them to appear in person or by
| solicitor in this Court on or before the tenth
! day of August next to show cOuse, any they
have, why decree should not pass as pra we'd
w. II. TOWER,
| ~ Clerk Circuit Court for Garrett county.
| True copy-Test:
5l24t w. H. TOWER, Clerk.