The midland journal. (Rising Sun, Md.) 1885-1947, 1894-09-28
In the Circuit Court
for Cecil County
In Equity
No.

wife, Plaintiffs vs. In Equity
Moses Taylor Nesbtt and No.
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
seized of a farm 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 acquired by
purchase as stated in said bill
That being seized the said Joseph Nesbitt
departed this life interstate in the month of De-
cember in the year 1898
That the said Joseph Nesbitt left surviving him
no widow children or descendants; nor any
brother or sister of the whole or half blood; nor
descendants of any brother sister of the whole
or hall blood nor father or mother or descend
ants of father or mother; nor grand-fa father the
part of the father; his grandfather, who was
Joseph Nesbitt 1st, having died long before the
death of the said Joseph Nesbtt, but the said
Joseph Nesbitt left surviving as his next of kin
and only heirs at law certain great-grandchildren
OF his said grandfather Joseph Nesbtt LIST, some OF
Whom are known and some unknown to the
Orators. Those known are as follows, to wit:
The complainant, Martha L, McCardell, who is
intermarried with the complainant, Samuel NJ.
McCardell Moses Taylor Nesbtt, who has wife
named Deborah Neshitt; Samuel b. Nesbitt Will
liam b. Gillespie, who has wife named Mary
Jane Gillespie; John S Gillespie, who has a wife
| named Frances Gillespie; Mary s. Stewart, who
has husband named Alexander Stewart, Milton
David f. Nesbitt, Jane n. Porter, a widow; Henry
Clay Nesbitt, who has wife named Hannah Mes
pitt; Henrietta n lamar, widow: Marshall H.
della being also one of said next of kin and heirs
at law; Eleanor n. Woodrow, who has husband
named Stephen j. Woodrow; Rebecca n Swisher
a widow; Rachel n. Brown, who has husband
named William Brown Miriam n Brown who
has a husband named Tobias Brown Judith B.
John b. Nesbitt who has wife named Sarah E.
Nesbitt Elizabeth N Carnahan who has hus-
band named James Carnahan Sarah L. Kirk, who
hast husband named Charles Kirk.
That said Joseph Nesbtt LIST had a child named
Jonathan Neshitt, 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 Nesbitt, but whether said chill
dren of said Jonathan Nesbitt, left children sur
yiying 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 years ago;
that the said John Nesbitt died before the death
of said Joseph Nesbitt but left children surviving
him, whose names are to the Orators unknown
bat 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
named Mary Nesbitt, whoalso 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 Nesbtt, but whether said chill
dren of said Mary Nesbitt 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 un-
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 Nesbt, but whether the said Elizabeth
left children surviving her is to the Orators I'M
known.
That certain Henry NJ Lodge, surviving part
ner of the firm of g. W. Lodge 4 Son, and James
A. Davis and Anthony s. Davis, partners trading
as j. \. Davis Il son and Charles c. Crothers claim
some 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 ofand
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 H. Nesbitt and Cor
lellu NesDllti ms Nllef hdcuel ~ DIONH ana
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 1st 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 four'successive 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 before the 9th day of
october next to answer the premises and show
cause, II they have any, whya decree ought not
to pass as prayed
True copy JAMES I, GRAHAM, Clerk.
Test; JAMES I. GRAHAM,
G-it Clerk.