The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1894-12-29

The object of this suit is to procure decree
for the sale of II certain farm in Cecil County
in this State, of which Elizabeth H. Galluhcr
wife Of the plaiutin, died seized and possessed
The bill states that about the ninth day of
December, 1891, the said Elizabeth II. Gallaner
died in Cycil county. having first CAocutud her
lust will and testament; that said will has been
duly admitted TO probate by the Orphans
Court of said county; that, by said will, the
tc>tatriN bcpucathcd and devised her estate
as follows First, bcqucath to my husband,
Enoch Gailahcr, the sum of two thousand
dollars in lieu of his dover, beside what fur
niturC he may desire of what remains in my
house where now reside, the two thousand
dollars to be paid to him ar soon as my estate
snail he settled up 10y my executors herein
after named. Second, give and devise TO my
friend and secretary, Edmund j. Bricki,y, OF
Port Deposit, Nd, my house and grounds
situated on Main street, Port Deposit, Md,
now in tenancy of Timothy Kelly. Jr, and
further agree, in ease my husband, Enuch
GallHhcr refuses To accept the above two
Thousand dollars ana furniture in my house in
lru OF dover, then ! hCquruth To- the said
Edmund p. Bficklcy also tho sum Of four
hundred dollars IN money, t" be Talo from my
estate. Third hoIucath al! IN" residue Of
my estate to the Trustees Of Mount Pleasant
Church. in trust, the interest thereon to be
applied to paying the salary of the minister. in
Charge or who may hereafter be- in charge OF
the said Mount Pleasant Church. SiNutpd at
Mount Pleasant, Cecil County, Mar! Iuud."
The bill further alleges that The personal
estate OF which the said Elizahcth II. Guljlher
died posscsss,d is insufficient to pay tho said
legacy Of 5000 to the plaintiff, aud iAat thpOuly
other property OF which the said I,~iHtIlN died
seized, in addition To tho house and grounds
devised n> uiurt said, to Edmund ?. Br. kl.y
consists of Il farm on tract Of Iand iyIu- in The
sixth Election District of said county. con-
tanning cightE-nnc acres, more or .,~-, with
buildings, being tn" same farm }nIcn was
conveyed to the said Elizabeth II. Gauan"r by
James \. and Anthony :. Davis Tt~ru,4 ana
the plaintlh 10y deeds duly rA,clod and re-
corded among the Land R,c,r of said
county: that the church meant tl said t"sta-
trlN and to which she refers in tn. TusGuury
CLAUSE of her said will is the Methodist Episco-
pal Church, situated at Mount PHEASANT in said
county; that said church is NOT a tuiy curpOr-
ate of the State of Maryland, hut lis Affairs
Charles j. Davis, Eli T.. Ewing John Watson,
Howard b. ri, rec, Eachariah Grant. William
y. Hindmun, John Is. Ncsbitt. George Cuuuan
anu William T. Weldon, all OF whom +, side in
said Cecil County.
The Bin further alleges that tine maiden
name OF the said Elizabeth II GaIIah,r was
Elizabeth II .WhccIington that about th, year
1873 she married II certain j. g. Burliu of Cocil
County aforesaid; that, prior to her marriage
10 the said BurlIn, she resided IN Dorchester
County, in said state of Mary Wand; that the
said j. g. Buriin died about l~si ana that
afterwards the said Elizabeth II. Gaiuhor
married til" trlainiil; thar no child was born
VI either Of said marriages: that she died
leaving no child nor dc sccudanl vi Il child and
that, ii she left amy hcirs-at-tjw, other than
the plalniin, they urUtutho pldinliu unknown;
ihdi the hCquyst or devise to Tia. SAID Mount
Pleasant Church Is void in law; THAI. it, to the
Hnld residue Of said estate The SAID Elizabeth
II. GaIlahor died intustutc and that her heirs
ut-law are entitled to said RESIDUE: that the
plaintih, as surviving husband. is entitled toa
Iltc estate in said +, sduc and, in thu event of
there being no h,iIs-at-uW Utu,T than your
orator. of III" SAID Elizabeth II. Guaucr. that
the plaintiff is entitled to said =, -i,juv ,thso-
lutcly; that the said farm of the said Elizabeth
II. GdlluhCr is subject to the payment OF said
3 gucy Of 5000 and that the plnIntii l. entitled
to pave the said farm sold for tn, pa! mcnt
lu,ruul
The Bill further alleges that, il TIA, proceeds
of sale Of said farm amount tu more than
n"ugh to pay said legacy, ihr iIalut.h il
entitled, IN III" event OF there ualug nrl.s-lt-
law, other than the plaintiff Do. tine said llILa-
beth II. Guliahcr, To have thc surpg., a,ryof
invested and Tho iHt,rts II thuIDirru Iula to
INN during his life and that IA th. tTrut of
there being no huirS-ut-iaW, other rimn the
paintin, of the said Elizabeth II. GalIah,r, the
lIaintif Is entitled to receive saI! surplus
absolutely.
The Bill prays that a d, ere, MAY 10, PASSED
for the sale OF said farm for the paNu,,nt OF
said legacy; that the surph ~, if any. of the
proceeds of sale may. in the event of here
being hclrs-at-litw; other than the plaintiff, of
the said Elizabeth II. Gal.uhu, l.. invested
und,r the dire elton of this court ana the
interest paid to pIHlutih during his li,; that
said surplus, il any, in tho Dv,ut of there
being no hcirs-ut-aw, other than the plaintiff,
of said Elizabeth II. Gullahtr. MAY .v Paid to
In" raIniiil absolutely and thar IA. plaintiff
may h"N" sucn other roh't Il, lis cas-, may
require.
Ii is rhcrcupon. this 2;th day of December.
1894, ordered by fhc Circuit turrT Tor Cecil
County, in equity. that the pumill, 10y C,iIIs-
ing II copy OF this order to hc iu> rtou In some
newspaper, published in said Ceeil County
once IN each OF tour successive wee k n,iort
the 3Oh day 81 January next, give notice to
the SAID unknown hoilS-ut-lHw oi tho said
Elizabeth II. Gaah,r of the object and sub
stance Of this bill and warming then TO appear
in this Court in person or by solicitor on or
before the 18th day of February next, To show
cause If any they have why decree ought
not to he passed as PIa},H,d. - cp,,,,,