The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-06-26

In the Circuit tuurt for Cecil County i'm
Equity.
The object OF this suit is To procure u decree
for tn" partition ui certain real estate in Cecil
county, Mary land. Of which II certain John
Gilpin died seized ami possessed, among che
parties entitled thereto. according to their
respective rights and intcres therein. and If
the same is found to he incapable of PARTITION
without loss and injury to the parties in inter
est. then to prucur"H decree FOR the sale of
said real estate. mat TIA" proceeds thereof
may be divided among the parties entitled
according I" their rcSpCciiLc interests.
The hlll states that Iuhn Gipin late Of Cecil
county, deceased. was III his lifetime and ut
the time of his death seized and possessed in
trc-simplc absolutely of IL large amount OF
READ estate living in said county. thnr hrinr So
seized the said John G!liiu i. =
in the year eighteen hundred and 4iytE- ight
without leaving 4 widow surviving him. and O.
leaving Il last viii and isstU..., ..,. ..... . p
cutGh. To- pass r,n! estate N this stat" which
said viii was admitted To probate h., th, Or
phan-' Court of said Cecil county am! &. now
of record in the ol'icc of Register of Wills Of
the same, a c'rtiile" copy of which said last
VIII ana tcsiam' ~ Is iii"d as part of til" bill
That 10y said will the said John Giipiu dc
vsCd his real. estate II follows: II give and
devise To my son John Gilpin II onu-hnIf Of MI
the real estate whcrcsucvcr situated. whether
i'll the State of Maryland, PENNSYLVANIA, Della
ware, Iowa, or elsewhere, of which am >'in,d
and possessed. scvcrally or Jointly, ut the time
of my death, to have and to hold to him. the
said John Gipin. and to the heirs of his body.
and ii he dies without issue living at the time
of his death, then to my son Thomas Gilp!n
and his heirs forever" ~ give and devise to
my SON Thomas Gtlrin theremaining onc-hult
OF all my real estate wheresOCycr situated as
aforesaid. of which am seized and possessed,
either Jointly or scVeraly at the time OF my
death, to have and to hold to hill, the said
Thomas Gilpin, and to the heirs of his body
and II he is without issue living at the time of
his death. then to my son John Gilpin ana his
heirs forever.
The bill further alleges that in the ,ca1
eighteen hundred and seventy three the said
Thomas Gilpin, mentioned in said last will
and testament. departed this life intcstatc
leaving widow and the complainant, G. Mon
tieth Gilpin, as his only child and hcr-at i NV:
that the complainant since the death Of his
father. Thomas Gilpin, has purchased from
his mother. the widow of said Thomas Gilpin,
all her right of dover in all of said real estate
and has received from her deed conveying
the same to him: that the said John Gipin, to
whom one half share was devised in said will,
depart ed this life in the year eighteen hundred
and eighty four. in the State of Pennsylvania
leaving Il last will and testament, II copy Of
which is filed in the ahovc-cnitlcd cause.
The bill further alleges that the said John
Gilpin lett II widow. olive Gilpin, surviving
him and two children, his only hurs-,tG-law.
whose names are Oliver w. C'-'" ''' N'ry
Adele Gilpin: that the Sa... u..y va, hin
widow of John GiiriU. deceased, is a ,ur;tit.
and Of unsound uInd. and that Il certain
Thomas Mcdonnell and Joseph darlington
have been appointed her committee lu il!uucy:
that the laid Oliver W. Gilpin is an adult and
Mary Adele Gi,p.u j. IN infant under lawful
age, all of whom re- '.tu tH' SlHtt,uf Penn
sylNaniA or cscwhcr, "'!,In 1hc jurisdiction
of this Court
The bill further alice, that It certain Mary
NJ, Carroll wife of William e. Carroll, who re-
sides in the District nt 'hhmbid, claims to
hold lien 10y way u m'H,- age upon ii portion
of the real estate u,nti,u"d in these pro-
cccdngs mat a certain Charles g. trothcrs.
who r. sides in Cecil county. Maryland,
claims lien also lay way OF MORTGAGE ulon Il
portion of the properly covered 10y these pro-
cucdipgs.
said property among the parties entitled
thereto, according 20 the s.'nrnt Claims
therein, can bC made without o., to
them. but that some or the uviyuuuuis being
infants under the age OF twcnty-onc wears
said partition can not be made without the
aid of the Court.
estate is not susceptible OF partition without
material loss and injury to the parties entitled
10 interest therein, and in Oidcr to make
division of said estate, ii viii be roct ss,try
that the said real estate be sold, and that the
proceeds thereof be divided amongst the
parties according TO their several interests.
The bill then prays, LIST, that Il 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 tie incapable of partition
without material loss and injury to the parties
entitled to interests therein; that decree for
the sale of said real estate may b" passed, and
the property he sold, and the proceeds thereof
divided amonst the parties according to their
rights ana interest therein, and for such other
and further relief rs the case may require.
1t Is thcrcupOn ordered this 9th day OF June.
eighteen hundred and ninety seven. 10y the
Circuit Court for Cecil County in equity that
the plaintiff by causing Il copy OF al. v,,,, to
be inserted in some newspaper published III
Cecil county once a week for one month be-
fore the 18th day of July. eighteen hundred
ana ninety seven, give notice to the said alb
sent defendants of the object and substance
of this bill, warning them to appear in this
Court, in person or 10y solicitor, on or before
"a n si,..t,. .t
any they have, why II decree ought not 10 be
passed us prayed.
JOHN G. WILLIAMS
True Copy-Test: Clerk.
Junel2 JOHN G. WILLIAMS. Clerk.