The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1898-03-25
No. 24GS Equity.

HNHE OBJ ECT of this suit is to procure
L Il Decree for the sale of about $50
acres of land in Prince Georges county,
state of Maryland, of which the late
Susanna Mudd died. seized and possessed
in fee, for the purpose of satisfyinga debt
due from the said Susanna Mudd, deceased
to Priscilla W. Turton, deceased; all of
! said Indebtedness is particularly set forth
and explained in the Bill of Complaint
filed in this proceeding. and further shown
by single bill filed in this cause. marked
Exhibit a..
,. That the said Susanna Mudu being so
indebted, departed this life in the year
| 1870, leaving a last will and testament
which was duly prohated and recorded in
| the Orphans Court of said county, and Il
certified copy of said will has been filed
| in this proceeding, marked Exhibit "B',
| and there is ais" statement filed here
with showing the Indebtedness of the said
Susanna Mnhd. marked Exhibit "C"
). That Priscilla W. Turton departed
| this If as 'forrSaid, leaving Il last Will
and ,rsl"nril I. which was duly probated
| in the Orphans Court of said county, and
a certified copy of said will has been filed
III this case ,markc Exhibit "D' .anl in and
by said last will and Il Stamrnt she devised
said single bill and the debt thereby evil
dcnced to Edward B. Turton, Plaintiff in
this case, and his two sisters, A. Fannie
Turton and Frances Turton.
4. That administration was granted on
the E-tale Of Priscilla ". Turton to one
b. r.. Turtun, tho qualified and passed
his final account in said estate, on the 18th
day of July, 1884, and the two other de-
visees, viz: \. Fannie Turton and Frances
Turton, under said will. receipted to the
said Administrator for their share of said
note, and the unpaid portion of the said
single bill which was due to your orator,
was passed and transferred over to your
orator by the said administrator; that since
the transfer of said single bill, only small
portions of your orators proportionate
part have been paid upon the Indebtedness
of said single bill to your orator, as viii!
fully appear by statement flied in this
case marked Exhibit e. and there is
now due and payable to this plaintiff as
the unsettled balance of said single bill
and interest thereon, the sum of $63S. 43,
no part of which has ever been paid or
satisfied unto your orator.
>. That by the last will and testament
of said Susanna Mudd, deceased, she de
vised to her son, Thomas n. Mudd, one of
the defendants, a portion of her real es-
tate containing about (10) seventy acres of
land, subject to the condition, that said
Thomas n. Mudd pay to the testatriX's
three sons, Francis E., John Francis and
Edward McColgan Mudd, them jointly,
$12 90 per acre for each and every acre so
devised to the said Thomas n. Mudd, and
the said Susanna Mudd further devised in
sail WILL the residue of her real property
to her three single daughters, Priscilla S,
Susanna S. and Mary Y. Mudd, during
their single lives, to use and enjoy the
tn no no nj ,,T hnr IL nh fr
and at the death or marriage of last sur
vivor of her three daughters, which should
first occur, then said real property to be
sold and divided equally among her child
rem, viz: to Georgeanna W., Priscilla S,
Francis E., John Francis, Edward McCol-
gan, Thomas N, Hester v, Susanna :.
and Mary V. Mudd
6. That Francis +. Mudd qualified as
executor of Susanna Mudd, deceased, and
took charge of her personal estate, and on
the 2lst day of August, 1877, passed first
Account as executor in the Orphans Court
of Prince Georges county, aforesaid, and
on the eth day of March, 1885, he passed
his first Additional Account in said Or
phans' Court, as shown by certified copies
of said accounts filed in this case, marked
Exhibits 81 Il C.
:. That no final administration has ever
been had in said Orphans Court, the es-
tate of Susanna Mudd is still open and un
settled, the personal estate of the said
Susanna Mudd, deceased has been totally
exhausted paying portions of her debts.
8. That deficiency in the personal es-
tate was supplied by sale of the real
tate of Susanna Mudd in order to pay her
debts, and especially the claim of your
orator.
.. That Susanna S. Priscilla S. and
Mary V. Mudd, three single daughters
TO- That Priscilla S. Mudd Mary V.
Mudd, Thomas n. Mudd son of Susanna,
and Sarah Mudd, his wife. and Elizabeth
A. Mudd, widow of Edward McColgan
Mudd, who died in Missouri, in the year
1899, and Eugene Mudd, their only child
who is an infant under the age of twenty
one years, are all non-residents of the
State of Maryland.
1t is thereupoa this 22nd day of March,
1898, ordered, by the Circuit Court for
Prince Georges county, Maryland in
Equity. that the plaintiff, by causing copy
paper published in said Prince Georges
county, once in eacl of four successive
weeks before the 26th day of April, 1898,
giving notice to the said absent or non
resident defendants of the object and sub
stance OF this bill, warning them to appear
in this Court in person ar by solicitor on
or before the l2th day of May, 1898, to
show cause, if any they have, why decree
ought rot to be passed as prayed.
JAMES Il. BELT,
Clerk of the Circuit Court for p. G. Co.
True copy-tcst: JAMES BELT. Clerk.