The midland journal. (Rising Sun, Md.) 1885-1947, 1894-09-07
In the Circuit Court
for Cecil County
/ In Equity
No.

MaTlnd Il. McCaFUell, MS | IOF cecil county
wife, Plaintiffs vs.: In Equity
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 Q14) acres called Ga rden of Eden and more
particularly described in the conveyance refer
red to in said bill, and which he acquired by
purchase stated in said bill.
That being so 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 or children or descendants; nor any
brother or sister of the whole or half blood nor
descendants of any brother sister of the whole
or half blood; nor father or mother descend
ants OF father OF mother; nor grandather on the
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 at-grandchildren
ofhis 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 E. McCardell who is
intermarried with the complainant, Samuel M
McCardell; Moses Taylor Nesbitt, who has a wife
named Deborah Nesbtt; Samuel B. Nesbitt, viii
liam b. Gillespie, who has a wife named Mary
Jane Gillespie John s. Gillespie, who has wife
named Frances Gillespie Mary S. Stewart who
has a husband named Alexander Stewart, Milton
Nesbitt, who has wife named Mary Nesbitt;
David F. Nesbitt, Jane N. Porter, a widow; Henry
Clay Nesbtt, who has wife named Hannah Nes-
bitt: Henrietta n lamar, widow: Marshall II.
Nesbitt and Cordelia Nesbitt, his wife, said Cor
della being also one of said next of kin and heirs
at law: Eleanor y. Woodrow, who has husband
named Stephen J. Woodrow; Rebecca n. Swisher,
widow; Rachel N. Brown, who has husband
named William Brown; Miriam n Brown, who
hos bnS han ne mo- Tahias Tuhi
Brown, who has a husband named Wilson Brown;
John b. Nesbitt who has wife named Sarah E.
Nesbitt; Elizabeth N. Carnahan, who has q hus
band named James Carnahan; Sarah E. Kirk, who
hasa husband named Charles Kirk.
That said Joseph Nesbitt LIST had a 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 Nesbtt, but whether said chill
dren of said Jonathan Nesbitt left children sur
viving them is to the Orators unknown
That the said Joseph Nesbitt LIST also had 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 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 Nesbittle left
children surviving them is to the Orators unknown.
That the said Joseph Nesbitt LIST also had child
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 Nesbitt left children surviving
them is to the Orators unknown.
That the said Joseph Nesbitt LIST had 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
grand-child named John Nesbtt, who also re-
many years ago, and died before the death of said
Joseph Nesbit, but whether said John Nesbitt left
children surviving him is to the Orators unknown.
That the said Joseph Nesbitt LIST also had q
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
left children surviving her is to the Orators I'M
known.
ner of the firm of G. w. Lodge 4 Son, and James
A. Davis and Anthony s. Davis, partners trading
J. A. Davis & 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 parcel ofland
to have the same sold and the proceeds thereof
divided among them according to their respective
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 1884,
adiudged and ordered that the complainants by
causing copy of this order to be inserted in some
newspaper published in Cecil County aforesaid
once a week for fourIsuccessive 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 by solicitor on or before the oath 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 I. GRAMAM Clerk.
Test: JAMES 7. GRAHAM,
sat Clerk,