The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1898-07-15

No. a46S Equity.
NIE OBJECT of this suit is to procure
i decree for the sale of the real estate
of the late Susanna Mudd, to satisfya debt
due from the said Susanna Mudd, deceased,
to Priscilla W. Turton, and now due to
the plaintiff; all of said Indebtedness is
fully set forth in the Amended Bill, and
further shown by Exhibit a. filed with
the Amended Bill.
The Amended Bill filed in this cause
and the Plaintiffs suggestions filed sub
sequently, thereto, in substance states:
That said Susanna Mudd being indebted
as aforesaid died in the year 1870, leaving
last will and testament, duly probated
according to law, in ORPHANS Court of
Prince Georges county. a copy of which
is filed as Exhibit "B" filed with the Bill
and also with the Amended Bill, and there
is also Statement filed with said Bills
marked Exhibit &C.
That Priscilla W. Turton died in 1915,
and left a last will and testament duly
probated in said Orphans Court, copy
of which marked Exhibit 3D. is filed
herein by which last will ETC., she devised
the said single Bill remaining then unpaid
to the Plaintiff and A. Louisa and Frances
Turton his only two sisters.
That administration on her estate was
granted to B. F. Turton, who qualified and
passed his final account in said estate July,
1884, and said Louisa and Frances Turton,
the other devisees under said will, receipt
ed to said B. F. Turton, Administrator, for
their share of said single Bill, and the I'M
paid portion due on said single Bill, was
due your orator, and that said single Bill
was transferred over to him by said ad-
ministrator, and that since that time he
has received only small portions of the
amount so due him on said single Bill
has been paid to him as will appear by
Exhibit 'E' filed herein, same being Il
a statement of same, and that there is now
due him on same the sum of $G3S.43, as
principal and interest thereon, no part of
which has ever been paid to him or salts
faction given therefor.
That by said last will of Susanna Mudd
deceased, she devised to her son Thomas
N Mudd, one of the defendants, portion
of her real estate, upon condition that
he pay to Francis E., Edward McColgan
and John F. Mudd the three sons of tes-
tatrx $12 per acre for every acre so de-
vised, and she further devised the balance
of her real estate to her three daughters,
Priscilla L. Mudd, Susanna S. and Mary
V. Mudd, during the single lives Of them,
to use and enjoy the same, and at the
death or marriage Of the last survivor,
whichever should first occur, then the
said real estate to be sold and divided
equally between her children, Georgeanna
w., Priscilla L., Francis E., John F., Ed
ward McColgan. Thomas n, Hester v,
Susanna s., and Mary V. Mudd
That Francis Z. Mudd, Executor, so ar-
pointed by the will, qualified and took
charge Of personal estate of testatriX, and
on August 81, 1877, passed his first ac-
count, in Orphans Court of said county,
and on March II, 1885, passed his first adj
ditional account, in said Court as appears
by copies of said accounts filed herein
marked Exhibits IF and G..
That no final administration of said
estate has ever been had in said Court,
said estate is still open and unsettled the
personal estate has been exhausted in Fay
ing only portions of the debts of tesla
trix and that said personal estate is INSULT
cient to pay her debts and especially the
debt due your orator, and that the detic-
cncy in the said personal estate should be
supplied by sale of her real estate, in
order to pay her debts and especially
debt due plaintiff. The plaintiffs sugges-
tions filed in this cause set forth that
Susanna S. Mudd, one of beneticarics of
the will of her mother Susanna Mudd
died in spring Of 1898, which fact plain
tiff has lately, been appraised, said Susanna
S. died in Charles County, this State
intestate leaving the defendants remain.
ing viz, Georgeanna W, Francis E,
Priscilla L., Thomas n. Mudd, Hester V
Mudd., her brothers and sisters, and her
nephews and nieces rs follows: Alice VI .
Mudd, infant; Mary Mudd, Imogene T.
~ e..
Constance Mudd wife of William E. Mudd,
ed brother, and Eugene Mudd, child of Il
deceased brother, Edward Michigan
Mudd, her only heirs at law.
The Ammended Bill further states. that
John F. Mudd, died in 1894 in this state
intestate, leaving the said Alice NJ. Mudd
infant, Mary Mudd. Constance Mudd, and
Imogene T. Gardiner his only heirs at law
to whom his interest in his mothers real
estate descended, and that Edward Nc
Colgan Mudd died in Missouri in 1899.
leaving Elizabeth his widow and Eugene
Mudd, infant, his only child, two of the
Defendants his only heirs at law to whom
descended the interest of said interstate in
his mothers real estate
The Amended Bill asks the Court to de
cree Il sale of the real estate of Susanna
Mudd, or rs much as may be necessary TO
pay her debts and especially the debt of
the plaintiff, and for general relief.
That Priscilla L., Mary V, Thomas n.
Mudd and Sarah his wife, Elizabeth a.
Mudd, widow, and Eugene Mudd are non
residents Of this State.
1t is thcreupon this 18th day Of July,
1898, ordered by the Circuit Court for
Prince Georges County, Maryland, in
Equity, that the plaintiff by causing u
copy Of this order to be inserted in some
newspaper published in Prince Georges
County, once in each Of four successive
weeks, before the. 18th day of August,
1898, giving notice to said absent defend
ants of the object and substance of the
Amended Bill and Plaintiff Suggestions,
and warning them to be and appear in
this Court in person or by Solicitor on or
before the 29th day of August, 1898, next.
to show cause if any they have why de
cree should not pass as prayed.
JAMES Is. BELT,
Clerk of the Circuit Court for p. c. Go.
uaconv-teSt. JAMES y RFI.T Clprl,