The Republican. [volume] (Oakland, Md.) 1877-current, 1884-05-03
Order of Publication
Nicholas Merrill ct. al VS.. Philip Merrill,
ct. al.
No. 500 Equity. In the Circuit Court for Gar
rett County.

No. 302 Equity. In the Circuit Court for Gar
rett 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
E. Merrill and George w. Merrill as his only
surviving children, and the following grand
children, tO-wit: Ida Merrill, intermarried
with certain Albert Porter. George f. Mer-
rill, Mary Merrill. Stewart Merrill and New
ton Merrill children of Isaac, Merrill, a 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 a certain Lloyd H. Bell, Ida
Hesen, George Hesen and Robert Hesen, chill
dren of Sidney Merrill, a daughter of said
with certain Bernhard II. HeSen, and who
departed this life prior to the death of her
said father, and Henry jenkins, Stephen Jer
kins, William Jenkins and Joseph Jenkins,
children Cf Rebecca Merrill, a daughter of
said stephen Merrill, deceased, who inter
married with certain Frederick jenkins
ana who also departed this life prior to the
death of hel father. That the following nam
ed are infants under age of twenty-one years,
to-wit: Georgia +. Merrill, Mary Merrill
Stewart Merrill, Newton Merrill Ida Hesen,
said Philip, Nicholas. Mary E., George w.
md stephen Merrill are each entitled to an
one undivided eighth interest, and the said
Ida Porter, George f.. 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
r. 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 fourth of an one undivided eighth
int a ba ,fc,, fl,f
debts, liens and encumbranceS herein after
mentioned. That said stephen Merrill, now
deceased, was in his lifetime indebted unto
the plantiH, GilmOrS. Hamill, in a large sum
of money to secure the payment of which he
executed and delivered to said Hamll a
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 liie-
time, and at his death, indebted unto the
p aintiff, Nicholas Merrill, in a very large
sum of money as shown by "EXhiht d. toT
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 g eat
expense to himself the said Nicholas Merrill,
made many valuable, material and nerma-
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 II decree of this Court, the claims of the
various creditors paid out of the proceeds oi
sal d 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-
| PENDANTS. 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 o
| Illinois, Mary Merrill, Stewart Merrill and
| Newton Merrill, who reside in the state O
| Pennsylvania, and Ida Hesen, George Hesen
| Robert Hesen, Henry Jerklns, stephen Jer.
| kinS, William jenkins and Joseph Jenkins
| who reside In the state OF West Virginia.
1t Is thereupon ordered this seventh day o
April, A. ID. 1884, by the Circuit Court In
| Equity, that the plaintiffs cause q copy of this
order together with the object and substance
of the bill to be inserted in some newspaper
published In Garrett county, once week fo
four successive weeks before the nth day o
| May next, giving notice to the said Philil
| Merrill, stephen Merrill, Mary Merrill Stew
| art Merrill, Newton, Merrill, Ida Hesen, Geo
Hesen, Robert Hesen, Henry Jenkins, Stephel
| jenkins, William Jenkins and Joseph Jenkins
and warning them to appear in person or b.
solicitor In this Court on or before the tent
day of August next, to show couse, ifany the,
have, why decree should not pass rs prayed
w. IL. TOWER,
Clerk Circuit Court for Garrett county.
4l24t w. H. TOWER, Clerk.