The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1897-08-14

Mary j. Messenger, by her nusDanu anu next
friend, ct al, Plaintiffs, VS.. Emma 5. X.
Myers and John Myers, her husband, ct al,
Defendants
The object of this suit is to procure decree
for the sale of certain real estate in Carroll
county, in the State of Maryland, of which
Jacob A. Humbert, late of said county, de-
ceased, died seized and possessed, for the pur-
pose of securing the payment of certain sums
of money charged by the last will and tesla
ment Of said Jacob A. Humbert, deceased,
upon said real estate.
The bill of complaint states that said Jacob
A. Humbert, died on or about the 18th day
of May, 1897 leaving surviving him his
widow, Catharine Humbert, and the follow
ing children and only heirs at law, viz,
Adam n Humbert, George D. Humbert,
Reuben j. Humbert, Isaiah f. Humbert and
Mary }. Messenger, inlermarried with Samuel
Messenger.
That he left duly executed last will and
testament, which has been duly admitted to
probate in the Orphans Court of Carroll
County, by which he appointed his said sons
Adam n. Humbert and Isaiah +. Humbert,
executors of said last will and testament, and
that letters testamentary have been granted to
said executors.
That said widow, Catherine Humbert has
renowned all claim to any bequest or devise
made to her by said last will and testament of
her husband, said Jacob A. Humbert, de
ceased, and has elected to take in lieu thereof
her dover or legal share of her husbands
estate.
That said testator died seized Of a lot of
land in the village of Union Mills, Carroll
county, Maryland obtained by said testator
from Perry Rumler and wife, by deed dated
January 4th. 1871, and, also, parcel OF land
in said Carroll county, containing two acres
of land, more or less, obtained by said tesla
tor from George w. Sullivan, trustee, which
said lots of hand were devised by said testator
unto his wife, Catherine Humbert, for life or
widowhood and after her death or marriage to
his son Reuben j. Hnmbert for life, and after
his death to his children, upon condition that
said Reuben j. Humbert should pay for the
said two lots of land the sum of $500 in three
annual payments.
That said testator died seized of "a lot of
land in said Carroll county, containing seven
teen and a quarter acres of land, more or
less. and known as lot No. 5, which he de-
vised unto his son, Reuben j. Humbert for
life, and after his death to his children sub
iect to certain changes in favor of said Cathe.
rine Humbert, and upon condition that said
Reuben j. Humbert should pay for the same
the sum of twenty-five dollars per acre IN
three annual payments.
That said testaior died seized Ola parcel of
land, known as the Home Place. or Lot
No. /. in said Carroll county, containing l3l
acres and one-half. more or less, which he de-
yised unto his two sons Adam n. Humbert
and Isaiah f. Hupbert for their lifetlmes, and
after their deaths to their children subject to
certain charges in favor of the, widow Cathe.
rine Humbert and upon condition that his SAID
sons should pay for said parcel of land the
sum of 100000 in three annual payments.
That said testator died seized of a lot of
land in said Carroll county, containing eight
acres, three roods and twenty perches of land,
more or less, known as Lot No. 6, which he
devised unto his son Adam n. Humbert for
life, and after his death to his children, upon
condition that said Adam n. Humbert should
paw for said lot of land the sum of $1,000 per
acre in three annual payments.
That said testator died seized of two lots OF
land in said Carroll county, containing re-
spectively thirty-six acres of land, more or
less, and two acres. three roods and thirty
perches of land, more or less, and known as
Lots Nos 3 and which he devised unto his
son George ID. Humbert for life, and alter
his death to his children, subject to certain
charges in favor OF the widow, Catherine
Humbert. and upon condition that said
George d. Humbert should pay the sum OF
Sl5OO.00 in three equal annual payments
after the death or marriage of said widow.
That said sums of money to be paid by the
said sons of said testator for the respective
lots or parcels of land devised TO them as
aforesaid were made charges and liens upon
said respective lots of land until paid, and
that said sums of money when paid were di-
rected to be equally divided among said
Adam n. Humbert, Reuben j. Humbert,
George d. Humbert, Isaiah f. Humbert and
Mary J. Messenger, wife of Samuel j. Mes
singer, with the provision that the share OF
said Mary j Messenger should be held IN trust
for her benefit during life and after her death
for her children.
That Adam NJ, Reuben j., George d. and
Isaiah +. Humbert have each refused to ac-
cept the aforesaid devises to them and that
subject to the dover rights of the widow and
the payment of the charges therein, the title
to the said real estate devised to Adam N. Hum
bert is now vested in his children viz: Emma
S. X. MYERS, wife of John Myers and Clara
T.. Hunbert an infant both of Carroll county,
aforesaid: that, subject to the dover rights OF
the widow and the payment of the charges
thereon. the title to the real estate devised to
Reuben j. Humbert is in his children VIZ:
William J. HumDert, Katie Il. Humbert,
Esta G. Humbert and Oscar j. Humbert, all
infants, and all of whom reside in the State
of PENNSYLVANIA, with said Reuben }. Hum
bert. and are nonresldcnts OF the State OF
MARYLAND: that subject to the dover rights of
the widow and the payment OF the charges
thereon. the title to the real estate devised to
George d. Humbert is in his only child, Harry
n. Humbert, an infant, residing in Carroll
county, and that subject to the dover rights
of the widow and the payment of the charges
thereon, the title to the real estate devised to
Isaiah I. Humbert is in his only child, George
+. Humbert, an infant, residing in Carroll
county; and that said children of testator's
sons have not paid and cannot pay the res
pective charges on said real estate and al
though it is not vet time for the first payment
to be made on said charges yet to await the
inevitable default in payment by said children
would be a serious injury and loss to said
children and to the parties interested IN the
payment of said charges, to wit; the plaintiffs
in this suit, and that it is, therefore, necessary
that said real estate be sold at once both in
the interests of the plaintiffs and for the bene-
fit and advantage of said children and defend
ans.
That said last will and testament does not
authorize the executors of the will to sell said
real estate.
And prays for II decree for the sale of said
real estate ofsaid testator, Jacob A. Humbert,
so that the respective sums or sum of money
charged and made lien on said real estate
by said last will aud testament may be paid
out of the proceeds thereof and the residue, if
any, be paid to the party or parties entitled
thereto for the benefit of the respective child
rem of said Adam N, Reuben j., George ID.
and Isaiah F. Humbert, and of the child or
children that may hereafter be born TO said
Adam N, Reuben j., George ID. and Isaiah
F. Humbert And prays for the writ of sub
poena against all of said defendants, who re-
side in the State of Maryland, and also for an
order of publication against William j. Hum
| bert, Katie E. Humbert, Esta c. Humbert
and Oscar J. Humbert, infants, who reside in
the State of Pennsylvania re and resident
of the State of Maryland
1t is, thereupon, this 29th day of July, in
the year eighteen hundred and ninety
ordered by the Circuit Court for Carroll
County, in Equity, that the plaintiffs, by caus-
ing a copy of this order to be inserted in some
newspaper published in Carroll county, once
in each of four successive weeks before the
Both day of August. next; give notice to said
nonresident, defendants, William j. Humbert,
Katie E. Humebrt, Esta c. Humbert and Oscar