The Republican. [volume] (Oakland, Md.) 1877-current, 1885-10-17

John Rice and Rose Keefe, VS.. Michael Rice
I---- ct. al.
No. 40 Equity. In the Circuit Court for Gar
rett county.
The object OF this suit is to obtain a decree
for the sale of Military Lot No. ll32. and the
distribution of the proceeds of such sale
amongst the parties entitled thereto.
The amended bill states that Michael Byrne
on March 9th, 1873, departed this life interstate
seized and possessed of two undivided fifth
parts Of Military Lot No. 1872, that henry A
Rasche, Granville b. Harvey and Harriet A.
Male, each own one undivided fifth part of
said Lot; that said Michael Byrne lett surviv-
ing him no persons or heirs at law entitled to
said Real Estate, except certain descendants
of the grandfather on the part of the mother.
to-wit: The complainant Rose Keeie, a wild
ow, and who is daughter of such grand
father, and Dennis Rice who a son OF
such grandfather but who departed this life
subsequently to the death of the said Michael
Byrne, leaving Theresa Rice, widow, and
Michael, Hannah, Rebecca, Henry, John,
Laurence, Theresa, Dennis and Rose Rice as
his only children and heirs at law, all Of
whom except Michael are infants under age
of twenty-one years. That Michael Byrne
also left surviving him Patrick, Matthew and
Michael Cullen, who together with Ellen who
intermarried with Henry A. Rasche, were the
only children of Catharine Cullen, deceased,
who was daughter OF such grandfather, that
said Ellen RaSche died previous to the death
of said Michael Byrne, leaving Mary who has
intermarried with Dennis Ryan, and Han
nah, Ellen, Annie, Patrick, Willie, Theodore,
and Theresa Rasche, her only children and
heirs at law. all of whom except Hannah and
Ellen are infants under age of twenty one
years. That said Michael Byrne also left sur
viving him the complainant John Rice, the
| only surviving child and heir at law OF
Michael Rice, deceased, who was son of such
grandfather.
That Rose Keefe and John Rice are each
entitled to one fourth part of the Real Estate
of the said Michael Byrne, the children of
said Dennis Rice deceased are entitled to one
fourth part thereof subject to the widows
dover, and the said Patrick, Matthew and
Michael Cullen are entitled to three fourths
and the said children of Ellen Rasche, de.
ceased, are entitled to one-fourth of the re-
manning fourth part of said Real Estate of
said Michael Byrne.
That Patrick, Matthew, and Michael and
Mary and Dennis Ryan and Granville b.
Harvey are non-residents of the State OF
Maryland That said Real Estate is not sus-
ceptible ofpartItion, and that it would be to
the benefit and advantage of all interested to
have IL sold under decree of court.
The bill then contains prayer for relief and
process:
October, 1885. by the Circuit Court for Garrett
county, in Equity, that the plaintiffs by caus-
ing copy of this order to be inserted in some
newspaper published in Garrett county, Ma
| ryand, once in each of four successive weeks
before the tenth day of November next, give
notice to the said absent defendants, and to
Hannah Rice, Rebecca Rice, John Rice, Law
renee Rice, Theresa Rice. Dennis Rice and
Rose Rice of the object and purpose of this
bill, and warm them to appear in this court
In person or by solicitor on or before the
twelfth day of February next, to answer the
premises and show cause, If any they have,
w. II. TOWER,
Clerk Circuit Court.
True copy-Test:
1914 w. II. TOWER, Clerk.