The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1895-01-19

The object of this suit is to procure a decree
for the sale of II certain farm in Cecil County,
in this State of which Elizabeth H. Gallahcr
wife of the plaintiff, died seized and possessed.
The bill states that about the ninth day of
December, 1894, the said Elizabeth H. Gallahcr
died in Cecil county, having first executed her
last will and testament that said will has been
duly admitted to probate by the Orphans
Court of said county; that, by said will, the
tcstatrix bcqueathCd and devised her estate
as follows: First, | bequeath to my husband,
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 as my estate
shall be settled up by my executors herein
after named. Second, give and devise to my
friend and secretary, Edmund P. Brickcy Of
situated on Main street Port Deposit, Nd,
now in tenancy of Timothy Kelly. Jr., and
further agree, in case my husband, Enoch
Gallahcr, refuses to accept the above two
thousand dollars and furniture in my house in
lieu of dover, then | bcqucath to the said
Edmund P; Bricklcy also the sum of four
hundred dollars in money, to be paid from my
estate. Third. hcqucnth all the residue of
my estate to the Trustees of Mount Pleasant
Church, in trust, the interest thereon to be
applied to paying the salary of the minister in
charge or who may hereafter be in charge of
the said Mount Pleasant Church, situated at
Mount ,rI Pleasant, Cecil County Maryland"
estate of which the said Elizabeth II. Gallaher
died possessed is insufficient to pay the said
legacy of S2lhW to the plaintiff, and that the only
other property of which the said tcsatriX died
seized, in addition to the house and grounds
devised, us aforesaid, to Edmund p. BrickIcy,
consists of farm or tract of land lying in the
Sixth Election District of said county, con-
tanning cighty-ninc acres, more or less, with
buildings, being the same farm which was
conveyed to the said Elizabeth II. Gallahcr by
james A. and Anthony ). Davis. Trustees. and
the plaintiff by deeds duly executed and re-
corded among the Land Records of said
county: that the church meant by said tcstu-
n which refers M lsSiIIInrtf
clause of her said will is the Methodist EpiscO-
pal Church, situated at Mount Pleasant in said
county: that said church is not II body cuTpor-
ate of the State of Maryland but its affairs
are managed by trustees whose names are
Charles J. Davis, Eli L. Ewing, John Watson,
Howard b. Pierce. Zachariah Grant, William
a. lindman, John B. Ncsbitt George Canaan
and William T. Weldon, all of whom reside in
said Cecil County.
The Bill further alleges that the maiden
name of the said Elizabeth II. Gallahcr was
Elizabeth II. Whcclington: that about the year
1850 she married IL certain J. G. Burlin of Cecil
County afOrcsaid; that, prior to her marriage
to the said Hurlin, she resided in Dorchester
County, in said State of Maryland; that the
said j. G. Burlin died about 1885 and that
afterwards the said Elizabeth II. Gallahrr
married the .,laintiii; that no child was born
of either of said marriages: that she died
leaving no child nor descendant of II child and
that, If she left any hcirs-ut-law, other than
the plaintiff. they are to the plaintiff unknown:
that the hcqucSt or devise to the said Mount
Pleasant Church is void in law; that, rs to the
SAID residue OF SAID estate the SAID Elizabeth
". Gallah"r died interstate and that her heirs
nt-aw are entitled to said residue: that the
plaintitt as surviving husband, is entitled to
life cstat" in said residue and, in the event of
thsrr being no hrirS-,tt-law, other than your
orator, OF the said Elizabeth II. Galluhrr, that
the plnintitf is entitled to said residue absy-
mtcly: that the said farm of the said Elizabeth
II. Gal!ahcr is ,uhi,c 10 the payment OF said
legacy of 5000 and that the plaintiff is entitled
To nave the said farm sold for thc payment
thereof.
The Bill further alleges that. If the proceeds
ui sale oi said farm amount to more than
enough 10 pay said legacy, the plaintil il |
entitled, in the event of there being hcirs-at~ !
law, other than the plaintiff, of the said Ella
beth II. GHliahcr. to have the surplus Thereof |
invested and the interest thrrcirom paid t.
him during his life and that in the event ct |
there being no hCirs-tt-Inw, other than til, |
plaintiff. Of the said Elizabeth II. Gallahcr, the
plaintiu is entitled to receive said surplus
absolutely.
The Bill prays that "a decree may be pass ed |
for the sale of said farm for the pay nont 1t |
said legacy: that the surplus, if any, of the
being hcirs-,t, law; other than the plaintiI, OF .
the said Elizabeth II. GuIah"r. be invested |
under the direction of this court and IT,, /
interest paid to plaintiff during his life; that |
said surplus, if any. in the event of there
being no hcirs-nt law, other than the plaintiff, |
of said Elizabeth IL. Gallahcr, may be paid to |
the plaintiff absolutely and that the plaintiff |
may have such other relief as his case may |
require.
Il is th,rcupon, this eth day of December
lN'E, Dfltftu 10y me circuit court Tor trrl |
County, in equity, that the plaintiff, by calls
ing copy of this order to bc inserted in SOM |
newspaper published in said Cecil Couut! |
once in each of four suCct sSivc We, ks brfOr" |
the both day of January next, give notice to
the said unknown hcirs-at-law of the said |
Elizabeth H. Gallahcr of the object and sub |
stance of this bill and wal ming them to appear
in this Court in person or by solicitor on or
before the 18th day of February next, to show
cause, if any they have, why "A decree ought
not to be passed us prayed.
JAMES +. GRAHAM,
True Copy-Test: Clerk.
do At JAMES r. GRAHAM, Clerk.