The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1895-01-12

The object of this suit is to procure a deere,
for tn" sale of IL certain farm in Cecil County
in this State, of which Elizabeth H. Gallaher
wife Of the plaintiff, died seized and possessed
The bill states that about the ninth day OF
December, 1894, the said Elizabeth II. Gallahcl
died in Cecil county, having first executed her
last will and testament; that said will has been
duly admitted to probate 10y the Orphans
Court of said county; that, by said will, the
tcstatriX bcqucathed and devised her estate
as follows First, ! bCqucath to my husband,
Enoch Gallahcr, 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 as soon It's my estate
shall he settled up 10y my executors herein
after named. Second, give and devise to my
friend and secretary, Edmund p BriCkley, ul
Port Deposit, Nd, my house and ground.
situated on Main street, Port Deposit, Md,
now in tenancy of Timothy Kelly, Jr., ana
further agree, in case my husband, Enocn
GallahCr, refuses to accept the above twu
thousand dollars and furniture in my mousse in
lieu of dover, then | bCquruth to the 81 id
Edmund p. Bricklcy also the sum of foII
hundred dollars in money, to be paid from my
estate. Third. h"qucuth all the residue ul
my estate tu the Trustees OF Mount Pleasant
Church, i'm trust, the interest thereon to l.,
applied 10 paying the salary of the minister IL
charge or who may hereafter he in charge Ol
II" said Mount Pleasant Church, situated al
Mount Pleasant, Cecil County. MurNlund.'
The blll further alleges that the persona.
estate of which the said Elizabeth II. Gallahu,
dlcu POSSESSED is insufficient to pay tn" Slla
lcgacy of 5000 TO the puintiti, and that the onS
other property of which the said tCstatriX die,
seized, in addition to tn" house and grouno.
devised, rs aforesaid. to Edmund Z. lSricklC,
consists of Il farm or tract ct land lying in tiu
sixth Elcitton district of said county, COL
tanning cighty-ninC acres, more or less, viii.
buildings, being the same farm which wa.
conveyed to the said Elizabeth II. Gallahcr sl
james \. and Anthony ;. Davis, Trustees, an.
the plaintiff by deeds duly executed and r.
corded among the Land Records of sau
county: that tine church meant 10y said tesla
triN and to which she refers in the rCsdIall
clause of her said will is the Methodist Episco-
pal Church, situated ut Mount Pleasant III Salu
county: that said church is not body corpor-
ate of til" state of Maryland, but its ailah-
are managed 10y trustees whose names an,
Charles j. Davis, Eli T.. Ewing John Watson.
Howard B. Pierce, Iachariah Grant, William
A. Hindman John b. Nesbitt, George Cannan
and William II. Weldon, all OF whom reside III
said Cecil County.
The Bill further alleges that the maiden
name of the said Elizabeth II. Gallaher was
Elizabeth H.Whecngton: that about the year
ls35 she married II certain j. q. Burlin of CcciI
County aforesaid; that prior to her marriage
to the said Burlin, she resided in Dorchester
said j. q. BiIrlin died about 1885 and that
afterwards the said Elizabeth II. Gallah,l
married the ,'laintih; that no child was born
leaving no child nor d, ascendant of child and
that, If She left any heirs-at-law, other than
the pnintiif, they are to the plaintiff unknown
tliat tnt DclutSt or devise To the SAID Mount
Pleasant Church is void in law; that, as to tn,
said residue of said estate the said Elizabeth
II. Gallahcr died intcstate and that her heirs.
at-law are entitled to said residue; that the
plaintiff, rs surviving husband is entitled to Il
life estate in said rtsidue and, in the event OF
there being no hcirs-at-law, other than youI
orator, of the said Elizabeth II. Gallahcr, that
the plaintiff is entitled to said residue abso.
mtcly: that the said farm of the said Elizabeth
II. Galluhcr is subject to the payment of SAID
legacy of 5000 and that the plaintiff is entitled
to have the said farm sold for the payment
thereof.
The Bill further alleges that, if the proceeds
of sale of said farm amount to more thar
enough enough to pay said legacy, the paintiii i
law, other than the plaintiff, Of the said Eliza
beth II. Gallaher, to have the surplus thereof
invested and the interest thorcfrom paid tt
him during his life and that in the event VI
there being no heirs-at-law, other than tn,
plaintiti, of the said Elizabeth II. Gallaher the
plaintiff is entitled to receive said surplus
absolutely
/ The Bill prays that II decree may be passeC
for the sale of said farm for the paymen: OF
said legacy; that the surplus, if any, of tn,
proceeds of sale may, in the event of ther,
| the said Elizabeth ii. Gallahcr, be invested
under the direction of this court and tn,
interest paid to plaintiff during his life; thai
said surplus, If any, in the event of thcr,
being no heirs-at-law, other than the plaintiff
of said Elizabeth II. Gallaher, may be paid t,
the plaintiff absolutely and that the plaintiff
/ may have such other relief AS his case ma,
require.
II is thereupon, this 9th day of December
1894, ordered by the Circuit Court for Ceci
County, in equity, that the plaintiff, by caus
ing copy of this order to be inserted in som,
newspaper, published in said Cecil Count,
once in each of four successive weeks befor,
| the Both day of January next, give notice t.
the said unknown heifs-at-law of the sale
Elizabeth II. Gallaher of the object and sub
stance of this bill and warning them to appear
! in this Court in person or by solicitor on 81
& h1fnrn La al Enhpnul'N a. N ii
cause, if any they have, why decree ough
not to be passed as prayed.
JAMES II. GRAHAM,
/ True Copy-Test: Clerk.
do IL LANES L GRAHAM Clerk