The Republican. [volume] (Oakland, Md.) 1877-current, 1884-04-12
No. 500 Equity In the Circuit Court for Car
rett County.

No. 500 Equity. In the Circuit Court for Car
rett County.
The object ofthis 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 "lNhibit A.. leaving surNivin. him MS 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 i. 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 priorto the death of the said
stephen, Alice Hesen, Mary Il. Lessen, inter-
married with y certain Lloyd II. Bell, Ida
HeSen, George HeSen and Robert HeSen, chill
dren of Sidney Merrill a daughter OF said
stephen Merrill, deceased, who ntcTmarried
with a certain Bernhard II. HeSen, and who
departed this life prior to the death of her
said father, and Henry jenkins, stephen Jef-
kinS, William jenkins and Joseph jenkins,
children Ct Rebecca Merrill a daughter Of
said stephen Merrill, deceased who inter-
married with a certain Frederick jenkins,
ana who also departed this life prior to the
death Other father. That the following nam
ed are infants under age OF tWenty-One years,
to-Wlt: Georgia +. Merrill, Mary Merrill,
Stewart Merrill, Newton Merrill, Ida Hescn,
George HeSen and Robert Hesen That the
said Philip, Nicholas, Mary f., George W.
and stephen Merrill are each entitled to an
one undivided eighth interest, and the said
Ida Porter, George +. Merrill, Mary Merrill,
Stewart Merrill and Newton Merrill are each
entitled to an Onc-fiilth Of an one undivided
eight interest, and the said Alice HcSen, Mary
T.. 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 Jerk ms are each entitled
to an One-fourth of an one undivided eighth
interest in Saidrcal, after the payments OF the
debts, liens and encumbrancpS herein after
mentioned. That said stephen Merrill, now
deceased, was in his lifetime indebted unto
the plaintiff, GilmorS. Hamill, in large sum
OF money TO secure the payment of which he
executed and delivered to said Hamil n
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 Il judgment in
the Circuit Court for Garrett county, which
was for value assigned to certain George j.
Splkcr, and Which said judgment remains
due and unpaid, as shOwn by "EXhiUit c" and
that said stephen Merrill was also in his lite
time, and ut his death, indebted unto the
plaintiff Nicholas Merrill, in a very large
sum of money as shown by "ENhihit d" tor
services rendered to said decedent by said
Nicholas Merrill and family for the period Of
about twelve years, during which time said
deccdent resided with said Nicholas Merrill,
upon said real estate, and requiring the con-
slant attention of said Nicholas Merrill and
II
and providing for the wants and necessities
OF the said stephen Merrill. That at Q eat
expense to himself the said Nicholas Merrill,
made many valuable, material and Derma-
nent Improvements upon said real estate lar
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
tneN are entitled TO nave said real estate sold
under decree of this Court, the claims Of the
various creditors paid ont of the proceeds of
sal d sale, and the balance If any, distributed
amongst the persons entitled thereto. accord
| ing to their respective interests therein. The
bill then pTayS 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 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, y. ID. 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 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 Hescn, Henry Jenkins stephen
Jenkins, William Jenkins and Joseph Jerk ms,
and warning them to appear in person or by
solicitor i'm this Court on or before the tenth
day of August next, to show couse. ifany they
have, why decree should not pass as prayed.
W. II. TOWER,
Clerk Circuit Court for Garrett county.
True copy-Test:
5l24t w. H. TOWER, Clerk.