The midland journal. (Rising Sun, Md.) 1885-1947, 1894-09-21
In the Circuit Court
for Cecil County
: In Equity
No.

samuel NJ McCardell and) In the Circuit Court
Martha wifa E po MieGaardel his for Cecil County
| Moses Taylor Nesbtt and M
wife and Others Defendants
The object of this suit is to procure decree for
the sale OF certain real estate situate in Cecil
County, in the state of Maryland, ofwhich joseph
Nesbitt, late of said County, died seized for the
purpose of dividing the proceeds thereof amongst
| the parties entitled
The bill states that the said Joseph Nesbitt died
selZea OF iarm or tract of land situate in said
county containing about one hundred and four
teen (ll4) acres called Garden of Eden and more
particularly described in the conveyance refer
red to in said bill, and which he aCouired nv
purchase as stated in said bill.
mat beng SO seized the said Joseph Nesbitt
departed this life interstate in the month of De-
cemDer In the year 1898
That the said Joseph Nesbitt left surviving him
no widow or children or descendants; nor any
brother or sister of the whole or half blood nor
descendants OF any brother or sister of the whole
or hall blood; nor father or mother or descend
ants OF father or mother; grand father on the
part OF the father; his grandfather, who was
Joseph Nesbltt LIST, having died long before the
death of the said Joseph Nesbitt but the said
Joseph Nesbitt left surviving as his next of kin
and only heirs at law certain greatgrandchildren
othls said grandfather, Joseph Nesbitt LIST some of
whom are known and some unknown to the
orators. Those known are as follows, to wit:
The complainant Martha f. McCardell who ia
intermarIled with the complainant, Samuel NJ
McCardell; Moses Taylor Nesbitt, who has a wife
mann named Deborah Nesbitt; Samuel B. Nesbtt, VIII
liam 3; Gillespie, who has a wife named Mary
Jane Gillespie; John S. Gillespie who has a wife
named Frances Gillespie; Mary S. Stewart who
has a husband named Alexander Stewart, Milton
Nesbitt, who has a wife named Mary Nesbitt:
David F. Nesbitt, Jane N Porter, widow; Henry
Clay Nesbltt who has wife named Hannah Mes
Nesbitt and Cordelia Nesbtt, his wife, said Cor.
della being also one of said next of kin and heirs
at law; Eleanor n Woodrow, who has a husband
named Stephen J. Woodrow; Rebecca N Swisher.
widow; Rachel N. Brown, who has a husband
named William Brown; Miriam N Brown, who
has a husband named Tobias Brown: Judith r
Brown, who has husband named Wilson Brown.
John B. Nesbitt who has wife named Sarah E.
Nesbitt Elizabeth n Canadian who has a hus-
band named James Carnahan; Sarah E. Kirk who
has a husband named Charles Kirk
That said Joseph Nesbitt LIST had a child named
Jonathan Nesbtt, who removed from the state of
Maryland to the western part of the United States
many years ago; that the said Jonathan is dead
and that he left children whose names are to the
Orators unknown, who also died before the death
of the said Joseph Nesbtt, but whether said chill.
dren of said Jonathan Nesbitt left children sur
viying them is to the Orators unknown.
That the said Joseph Nesbitt LIST also had a child
named John Nesbitt, who also removed from the
state of Maryland to the West many wears ago:
that the said John Nesbitt died before the death
OF said Joseph Nesbtt but left children surviving
him, whose names are to the Orators unknown
but all of said children of said John Nesbitt also
died before the death of the said Joseph Nesbitt,
but whether said children of said John Nesbitt left
children surviving them is to the Orators unknown
That the said Joseph Nesbitt LIST also had a child
llhiheu MARY NesDllt, whoa removed from said
state of Maryland to the West many years ago and
died before the death of the said Joseph Nesbitt,
and left children surviving her but all of said
children of said Mary Nesbitt, whose names are to
the Orators unknown, also died before the death
of the said Joseph Nesbitt but whether said chill
dren of said Mary Nesbtt left children surviving
them is to the Orators unknown.
That the said Joseph Nesbitt LIST had a grand
child named Joseph Nesbitt, who also removed
from the state of Maryland to the West many
years ago and died before the death of the said
Joseph Nesbitt, of Cecil County, but whether he
left children surviving him is to the Orators I'M
known.
That the said Joseph Nesbitt LIST also had a
grand child named John Nesbitt, who also re-
moved from said state of Maryland to the West
many years ago, and died before the death of said
Joseph Nesbitt, but whether said John Nesbitt left
children surviving him is to the Orators unknown
That the said Joseph Nesbitt LIST also had a
grandchild named Elizabeth Nesbitt who also
removed from the state Maryland to the West
many years ago and died before the death of the
said Joseph Nesbitt but whether the said Elizabeth
lett children surviving her is to the Orators I'M
known.
That certain Henry NJ. Lodge surviving part
A. Davis and Anthony S. Davis, partners trading
as ]. A. Davis & Son and Charles C. Crothers claim
some !n interest in or lien upon said real estate.
That said tract or parcel of land or farm cannot
be divided without loss and injury to the parties
interested
That it will be for the benefit and advantage of
all parties interested in said tract or parcel ofland
to have the same sold and the proceeds thereof
divided among them according to their respective
interests therein.
And that the said John S. Gillespie and Frances
Gillespie, his wife Marshall II. Nesbitt and Cor
della Nesbitt, his wife, Rachel n. Brown and
William Brown her husband and Judith b.
Brown and Wilson Brown, her husband, and the
said Henry NJ. Lodge, and all the unknown heirs
and children above mentioned reside out of the
state of Maryland
1t is thereupon this list day of September, 1894,
adJudged and ordered that the cOmplainants by
causing copy of this order to be inserted in some
newspaper published in Cecil County aforesaid
once week for tour'successve weeks before the
Sth day of October next, give notice to the said
absent defendants and the said unknown children
and heirs at law of the object and substance of
this BILL and warn them to appear in this court in
person or by solicitor or before the 9th day of
October next to answer the premises and show
cause, If they have any, why decree ought not
to pass as prayed.
True copy JAMES L. GRAHAM, Clerk.
Test: JAMES I. GRAHAM,
SILT Clerk.