The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1898-07-29
EDWARD B. TURTON, Plaintiff
VS..
FRANCIS E. MUDD, Executor. of Su-
sauna Mudd, deceased, PRISCILLA L.
MUDD and others, Defendants.
In THE CIRCUIT COURT FOR PRINCE
GEORGES COUNTY, IN EQUITY.
No 246S EQUITY

HNHE OBJECT of this suit is to procure
L decree for the sale of the real estate
of the late Susanna Mudd, to satisfy 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 IA 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
a last will and testament, duly probated
according to law. in ORPHANS Court of
Prince Georges county: 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 1875,
and left last will and testament duly
probated in said Orphans Court, copy
of which marked Exhibit "D' 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 un-
paid portion due on said single Bill, was
due your orator, and that said single Bill
was transferred over to him by said adj
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 a
IA statement of same, and that there is now
due him on same the sum of $63S 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-
tatrix $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 ",
Susanna s., and Mary w. Mudd.
That Francis E. Mudd, Executor, so ap-
pointed by the will. qualified, and took
charge of personal estate of testatriX, and
on August 81, 1877, passed his first &C
count, in Orphans Court of said county,
and on March II, 1885, passed his first aid
ditional account, in said Court, as appears
by copies of said accounts filed herein
marked Exhibits "F and Gu
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 pay
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 defici-
cncy in the said personal estate should be
supplied by sale of her real estate, in
order 10 pay her debts and especially
debt due plaintiff. The plaintiffs sugges,
tons filed in this cause set forth that
Susanna S. Mudd. one of beneticiaries of
the will of her mother Susanna Mudd,
died in spring of 1898, which fact plain
III mas
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 as follows Alice Nj.
Mudd, infant; Mary Mudd, Imoyene T.
Gardiner wife of Joseph d. Gardiner,
Constance Mudd wife of William E. Mudd,
the children of John F. Mudd dcceas
ed brother, and Eugene Mudh, child of IA
deceased brother, Edward Michigan
Mudd, her only heirs mt 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 1889,
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 intestate in
his mothers real estate.
The Amended Bill asks the Court to de-
cree sale of the real estate of Susanna
Mudd, or as much as may be necessary to
pay her debts and especially the debt of
the plaintiff, and for general relief.
That Priscilla L., Mary ". Thomas N
Mudd and Sarah his wife, Elizabeth A.
Mudd, widow, and Eugene Mudd are nom
residents of this State.
1t is thereupon this 18th day of July,
1885, ordered by the Circuit Court for
Prince Georges County, Maryland, in
Equity, that the plaintiff by causing
copy of this order to he 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 Plaintiffs Suggestions,
and warning them to be and appear in
this Court in person or by Solicitor on ar
before the Goth day of August, 1898, next,
TO show cause II any they have why de-
Gree SlOull not Mss as nraved