Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-09-20
AFIEh AN ESTATE.
Baltimore Claimants of tho Property OF
james Paul Heath Searching Cecil
County Records.

bhltimore SiAihanls OF the property OF
james Paul Heath Searching Cecil
County Records.
EtEToN, Mp, Sept. 13.-Harrv S.
Gardner Of Baltimore city, is engaged in
examining tho records in Cecil with
reference to the estate of Jamcs laaui
Heath, whose will was executed in
Cecil county, September 5th, l745.
James Paul ileath was the founder OF
tile town Of Warwick, in Cecil county.
He was the owner Of the trac. 0: land
upon which the town was built. He de-
yised 1900 acres Of land in Sassatras
Neck TO his wife, lSebecca Heath. lie
also owned Heath's Range and several
other well.known tracts near Warwick
and on the Western Shore of Maryland,
with Sundry lots i'll Warwick and
Charlestown, besides land near the last
named town, which was held by lease
from Lord Baltimore.
For some unaccountable reason the
estate seemed never to have been pro.
pnfly closed. The records of the orphans
court show that at the time the last
statement Of the account of the execu-
tors there then remained in the hands
of the executors the sum of E235 los.
and Id.
From time to time during the last
half century the heirs of james Paul
Heath have been trying to recover pos
session Of the property, and some of the
best lawyers in the state have been con
suited, but no legal steps have yet been
taken 10 bring the matter into the
courts. An attempt was made about
three years ago to bring suit, but owing
to the lack of funds at the time, the
case was abandoned Now that more
funds are forthcoming the Investigation
will be carried to an end, whether sue.
cessful or unsuccessful. The claimants
II in number, are members OF the
Boardley family, formerly of Wye
Island, Talbot county, but more re
Gently of Baltimore city. They CLAIM,
to be direct lineal descendants of James
Paul Heath.
ELKToN, NIB, Sept. 18.-In the circuit
court for Cecil county to-day tile con.
tested will case Of Moses Nesbitt was
taken up and is being tried before jury
Moses Ncsbitt was Il prosperous farmer
near Rising sun. lie died December
9th, 1888, ut the advanced age of 81
years. On june 9th, 1870, lie made d
! Will appointing William 5. Evans o.
Etkton, executor, and his estate, which
WAS valued at $4,000, was, after Few
small legacles, to be divided share ant
Share alike between John A. &esbitt
Oliver D. Nes0itt, Ella L. Ncsbltt ant
samuel B. NesGitt, near relatives. Ii
January, 1871 he made another will, il
which he named DIR. Ransom Il. Grother
o. COlOnl, executor, and after leavins
several small legaCies the estate was t.
be divided between his brother, Jane
Nesbitt, and Mary Mccullough, hi
housekeeper. At their death the entir,
estate was to go to the West nottingham
fresb yteran Church. James Nesbit
and Mary Mccullough died within fou
days after his demise.
Ihctwo wills were in duetimc oiferet
for probate. On December Eth obiec
ton was offered to the second Will. Ol
the same day R.R.Crothers, the execute
named IN the second will, filed u pGti
ton for letters peudentc lite. Decembv
18Th last petition and caycat were lilet
by Oliver ID. NesOitt and others agatns
the second will, and the court appointed
II. II. llaines Of Rising sun, admins
trator pGndente lite. Charles G. Cr0ther
and Il. =. Ihackery represent the cxecu
tots Of the will, and Albert Cpnstab!
and John 5. Writ represent Oliver /.
Nesbitt and others, The defendants OK
pect to show that undue influence WA
brought to bear upon NcsDitt, whic
caused him to make the second will AN
also that at the time the second will va
made he was not IN his right mind.
Democratic primaries Will be held i
Cecil county September 18th.