The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-07-03

Equity.
The object Of this Suit is to prOcurpn decree
for the partition of certain red estate II. Cecil
county. Maryland. of which Il certain John
Giipin died seized and possessed ',,lo: !, The
parties entitled thereto, according to their
respective rights and interests therein and il
the same is found to he incapable OF partition
without lussand INJURY 10 the PARTIES In inter-
est. then to procurcH decree for the sale of
said real estate, thar the proceeds thereof
may be divided among the parties entitled,
acc cnr TO- their respGe,iyG interests
county, deceased. was III his lifetime and at
the time of his death sciHcG and possessed in
fec-simpc absolutely of Il large amount of
real estate lying in said county; thar being so
seized the said John Gilpin departed th. ME
in the year eighteen hundred and siyty-cight
without leaving widow surviving him, and
leaving last VIII and testament, duly exc
cutc,. to pass real estate in this State which
said viii was admitted to probate by 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 us part of the bill
of complaint in this cause.
That by said Will the said John Gilpin de-
vised his real estate rs follows: II give and
devise to my son John Gilpin oue-hat of all
the real estate wheresocver situated, whether
in the State of Maryland. Pennsylvania, Della
ware, Iowa, or elsewhere, of which am seized
and possessed. sevcrally or Jointly, Mt the time
of my death, to have and to hold to him, the
said John Gilpin and to the heirs of his hrdy
and if he dies without issue living at the time
OF his death, then to my son Thomas Giipin
and his heirs forever" II give and devise to
my son Thomas Gilpin theremaining onc-halr
of all my real estate wheresocver situated us
aforesaid, of which am seized and possessed,
either Jointly or scverally, at the time of my
death, to have and to hold to him, the said
Thomas Gilpin, and to the heirs of his body,
and IL he is without issue living III the time OF
his death. then to my son John Gilpin and his
heirs forever.
The bill further alleges that in the wear
eighteen hundred and seventy three the said
Thomas Gilpin, mentioned in said last will
and testament, departed this life intcsate,
leaving widow ana the COmpla inant, e. Mon
iicth Gilpin aS his only child and hcir-at- law:
that the complainant since the death OF his
father. Thomas Gipin, has purchased from
his mother. the widow Of said Thomas Gilpin
all her right OF dover in all of said r"a. state
and has received from her decd conveying
the same to him; thai the said John Gilpin, to
whom one-half share was devised in said will,
departed this life in the year eighteen hundred
and eighty -four. IN tio Stat" ol Penusy runia,
leaving last Wi. 'm' testament, copy OF
" hich Is flee! in IN" :.haV,- 49, ;Iitlrd cause.
The bill furih,r ~, g,s that the said John
Gilpin lett II widow olive Gilpin, Surviving
him and two children, his only heirs at-Iaw,
whose names are D..''r ". Gipin ANA Mary
Adele GiIpin: thar l.. said Olive Gilpin,
widow of John Gi.piu. Il, ceased. is II lunntic
and OF unsound Mnnd. and thut a certain
have been appointed her coInmittcci in unacy:
that the aid Oliver ". Gipin is an adult and
Mary Adele Gipin is an infant under lawful
age. All OF WhOm reside IN the state OF Penn
sylvania or elsewhere beyond the jurisdiction
OF this Court.
The bill further alleges that n certain Mary
NJ. Carroll. wife OF william {. Carroll who re-,
sides in the District OF Columbia. claims TO
hold Il lien 10y way of mortgage upon a portion
OF the real estate mentioned in these pro-
ccedings that II certain Char'"s e Cr"thers,
who resides in Cecil county, Muryland
claims lien also by way OF mortgage lipon
portion OF the property covered by these pro-
ceedings.
The bill further alleges that 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
lntuutS under the are o. twcntY-Onc wears
said partition can not he made without the
aid of the Court.
The bill further states that if the said real
estate is not susceptible of partition without
mat crial loss ana injury to the parties entitled
10 interest therein, and in order to make
division of said estate. it will he necessary
that the said real estate he sold, ana that the
proceeds thereof he divided amongst the
parties according to their several interests
The bill then prays, list, that decree may
be passed for the partition OF said real estate
among the persons entitled thereto according
to their respective rights and interest and
End, that in the event of the proof showing
said real estate to he Incapable OF partition
without material loss and injury to the parties
entitled to tnterc Sis therein; that Il decree for
I he sale of said real estate may he passed. and
the property be sold. and the proceeds thereof
divided anonst the parties according to their
rights and interest therein, and fursuch other
and further relief "s the case 'sar ""Ht.i"n
II il thcrCupon ordered this Gth day OF June
eighteen hundred and ninety 10y the
Circuit Court for CCc Count, IN equity that
the plaintiff by causing n copy of this order to
be inserted in some newspaper published in
Cecil county once week tor one month be-
fore the 18th day OF July. eighteen hundred
and ntnety.seven, g!vc notice to the said alb
sent defendants OF the object and substance
OF this bill, warning them to appear ia this
Court, IN person or by solicitor. on or before
the 29th day of July next. to show cause II
any they have. why decree ought not to he
passed as prayed
JOHN G. WILLIAMS
True topy-Test: Clerk
Juncl2 JOHN C. WILLIAMS. Clerk.