The midland journal. (Rising Sun, Md.) 1885-1947, 1894-09-14

samuel NJ McCardel and In the Circuit Court
Martina H.: McCardell, his for Cecil County
wife, Plaintiffs VS. In Euuitv
Moses Taylor Nesbitt 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 farm or tract of land situate in said
County containing about one hundred and four-
teen (llD 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 so seized the said Joseph Nesbtt
departed this life interstate in the month of De-
cember in the year 1898
| That the said Joseph Nesbitt left surviving him
no widow or children descendants nor any
brother or sister of the whole or half blood nor
descendants of any brother or sister of the whole
| or half blood; nor father or mother or descend
ants of father or mother: nor grandfather on the
part OF the father; his grandfather, who was
| Joseph Nesbitt 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 great grandchildren
othis said grandfather, Joseph Nesbtt lst some OF
Wh9m are re-, known and some unknown to the
orators. Those known are as follows to wit;
The complainant, Martha e. McCardel who is
intermarTied with the complainant, Samuel NJ
| McCardell; Moses Taylor Nesbitt who has n wifa
named Deborah Nesbitt; Samuel b. Nesbitt VII
| 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 a husband named Alexander Stewart Milton
Nesbtt, who has wife named Mary Neshitt.
| David L. Nesbitt, Jane n. Porter widow; Henry
| Gay Nesbltt, who has wife named Hannah Mes
| bitt Henrietta \. lamar, widow: Marshall, IT
Nesbtt and Cordelia Nesbitt, his wife, said Cor.
della being also one of said next of kin and bnirS
| at law Eleanor n. Woodrow, who has a husband
| named stephen J. Woodrow; Rebecca n Swisher
IA widow; Rachel \. Brown. who has a husband
| named William Brown; Miriam N Brown who
| has husband named Tobias Brown; Judith r
! Brown, who has a husband named Wilson Brown:
| John b. Nesbtt, who has a wife named Sarah f.
| NesDltG Elizabeth n. Carnahan, who has hrls-
| band named James Carnahan; Sarah E. Kirk. who
| hasa husband named Charles Kirk
That said Joseph Nesbitt LIST had child named
Jonathan Nesbitt 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 Nesbtt, left children sur
viying them is to the Orators unknown.
That the said Joseph Nesbitt LIST also had n child
| named John Nespltt, VINO also removed from the
that the said John Nesbtt died before the death
of said Joseph Nesbitt but left children surviving
| him. whose names are to the Orators unknown
but all of said children of said John Nesbit also
died before the death of the said Joseph Nesbitt
but whether said children of said John Nesbtt left
children surviving them is to the Orators unknown
| That the said Joseph Nesbitt LIST also had n child
named Mary Nesbitt who also removed from said
state of Maryland to the West many wears ago and
died before the death of the said Joseph Nesbitt
| and left children surviving her, but all of said
| children of said Mary Nesbtt, 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 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 Nesbtt, of Cecil County, but whether he
| a il TO
| known.
That the said Joseph Nesbtt LIST also had a
grand-chid named John Nesbitt, who also re-
moved from said state of Maryland to the West
many years ago and died before the death ofsaid
Joseph Nesbtt, 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 Nesbit but whether the said Elizabeth
left children surviving her is to the Orators UNI
| known.
That certain Henry NJ. Lodge surviving part
ner of the firm of q. w Lodge 4 Son, and James
\, Davis and Anthony ;. Davis, partners trading
as j. \. Davis Il son and Charles c. Crothers claim
some interest in or lien upon sad real estate.
| That said tract or parcel of land or farm cannot
be divided without loss and injury TO the parties
That it will be for the benefit and advantage of
all parties interested in said tract 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 5. Gillespie and Frances
Gillespie, his wife. Marshall III. Nesbtt and Cor
della Nesbitt, his wife, Rachel y. 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, 1891,
adjudged and ordered that the compliments by
causing copy of this order to be inserted in some
newspaper published in Cecil County aforesaid
once Il 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 or before the 2lth 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 T. GRAMAM Clerk
Test: JAMES T. GRAHAM,
| s1-lt Clerk.