The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-06-12
In the Circuit Court for Cecil County in
Equity

'@i'i'S.
The object Of this suit is to procurcu decree
for the partition OF certain reil estate In Cecil
county. Mary hand. of which Il certain John
Gtlpin died sclHcn and possessed, among the
parties entitled thereto, according to their
respective rights and interests therein, and if
the same is found - he incupHbl" ot Partition
without loss and njury to the pa,i", in inter
est thea to proc,, ca rt"crcu tot tn, sale Of
sand read estate, t,;li the proceeds thereof
may b. divided alaUlG the parties entitled
according 10 their respective interests.
The TN states that John Gilpn late Of Cecil
county, ccuHscd. was in his lifetime and at
the time of his death seize and possessed in
lCc-slmplc absolutely of II large amount of
real estate lying in sud county; thar being so
seized the said John Gilpn departed this iir,
in III" year eighteen hundred aud sixty eight
without leaving Il widow surviving him, and
leaving II last viii and testament. duly exc
cutcd. to pass real estate in this state which
said VIII was admitted to probate 10y the Or
phans' Court OF said Cecil county. and is now
of record in the Office of Register OF Wills of
the same, IL certified copy of which said last
will and testament is filed A. part OF the bill
of cumplIift in this cause.
That by said will the said John Glpin de-
viscd his real estate a. follows: Il rive and
devise to my son John Gilpn one. half of all
the real estate whcrcspcvCr situated whether
in the State of Maryland, i'cnnsytvanin Della
ware. Iowa, or ClScw here, of which am seized
and possessed, scvcr;lly or jointly. at III" time
of my death, to have and to hold to him. the
said John ',ipin. and to the heirs of his body
and ii he dies without issue living III the time
Of his death, then to my son Thomas Gilpin
and his heirs forever" 81 give and devise to
my son Thomas GiIEin the remaining Onc-half
OF all my real estate whCrcsocvcr situated as
atorc said, Of which ! am seized and puss ssrd
either Jointly or s'N"rai>, at the time OF my
death, to nave AMI 10 hold to hiin, the said
Thomas Gilpin and "a the heirs Of his body
and If h"iS wtG'ut issue living at the timr of
his death, thrnt ny son John Giyin and his
heirs forever.
The bill furth,r alleges that in the wear
ct2hict II hundred and seventy three the said
Thomas Glpin, mentioned in said last will
and testament. departed this LIE ntrStutc
leaving widow and h" lnplainant c Mon
iirth tipin, as his nnly chlId and hu -,tt Il w:
tha' tn" complainant sinccth death OF his
father. Thomas Gil IN, has purchased from
his mother. the widow Of said Thomas Gilpin
ali her right OF COVER in all OF said read estate
and has received from her decd cuTvrying
the same Ia vim; that the said Iohu Gipin to
whom OnC-aa!t share was devised in said will
departed this life in the year eighteen hundred
and eighty four in the State of Pennsylvania
leaving Il last will and testament. II copy OF
" hich is file! in the abovc-cnlitled cause.
The bin further alleges that the said John
Gilpin lett IL widow. Olive Gilpin surviving
him and two children, his only heirs ut law,
whose names are Oliver W. Gilpin and Mary
Adele Gilpin; that the said Olive Gilpin,
widow of John Giipin, deceased. is II lunutic
and of unsound mind. and that certain
Thomas Mcconnell and Joseph Burlington
have been appointed her committee in lInacy;
that the laid Oliver W. Gilpn is an adult and
Mary Adele Gilpin Is an infant under lawful
u. H.
sylvania or elsewhere beyond the jurisdiction
of this Court.
The bill further alleges that certain Mary
NJ Carroll. wife of William c. Carroll who re-
sides in the District of Columbia. claims to
hold "A lien by way of mortgage upon portion
of the real estate mentioned in these pro-
cccdingS that a certain Charles e. Crothers
who resides in Cecil county, Maryland,
claims lien also by way OF mortgage upon IL
portion of the property covered by these pro-
ceedingS.
The bill further alleges thai IL partition of
said property among the parties entitled
| thereto, according to the several claims
therein, can be made without loss or injury to
| them, but that some of the defendants being
| infants under the age o. twenty one years
said partition can not he made without the
| aid of the Court.
The bill further states that il the said real
| estate is not susceptible of partition without
material loss and injury to the parties entitled
10 interest therein, and in order to make
| division OF said estate, ii will he necessary
that the said real estate be sold, and that the
proceeds thereof he divided AMONGST the
| parties accnrdin" to their several Interests.
The bill then pruyS, LIST. that decree may
be passed for the partition Of said real estate
among the persons entitled thereto. accUIGing
to their respective rights and interest. and
md, that in the event OF the proof showing
said real cstutc to he incapable of partition
without material loss and injury to the parties
entitled to intcrt 81 there in; thar Il decree for
| the sale of said real estate may hC passed, and
! the property hc sold and the proceeds thereof
| divided unDnSt the parties according to their
| rights and interest therein. ana for such other
| and further rcici rs the case may require.
II is thcrcupon ordered this 9th day OF June.
eighteen hundred and ninety seven, by the
! Circuit Court for tCcil County in equity that
! the plaintiff by causing II copy of this order to
! be inserted in some newspaper published in
| Cecil county once week for one month be-
| fore the l3th day of July. eighteen hundred
and ninety. seven, give notice to the said alb
sent defendants of the object and substance
of this bill, warming them to appear in this
Court. in person or by solicitor, on or before
the .9ih day of July next. to show cause. if
any they have, why decree ought not to be
passed us prayed.
JOHN G. WILLIAMS.
True Copy-Test: Clerk.
.Junel2 JOHN G. WILLIAMS. Clerk.