The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1900-05-26
1,RpBR OF PUBLICATION.
In The Circuit Court for Carroll County, in
Equity.
NO ooa1 EnTyTTY
NO. 1901 EQUITY.

Equity.
NO. 1901 EQUITY.
Joshua w. Herring, Executor OF David Mliier'
deceased. VS.. Claude D. Miller, ct al.
The object of this proceeding is to have this
Court assume jurisdiction OF the iurther ad-
ministration of the Estate OF David Miller
late of Carroll county, deceased; to esta1iisn
the true construction of the Will OF SAID deee-
dent, and determine who are the parties emu
tied to share in the distribution OF sad Esiatei
and that distribution may be made among
them nnder the direction of this Court.
The Bill states that David Miller died on or
about the 18th day of February, a. ID. 1897,
leaving last Will and Testament IN and by
which he appointed the complainant, Joshua
w. Herring. as his executor; that SAID executor
has paid all claims against the Estate OF said
decedent, and passed his first administration
account by which it appears that he has me
sum of Sill. AT SO in cash for distribution
among such persons as may be entitled TO
share therein under the residuary clause oil
said Will; that in and by said residuary clause
said testator directs his executor to distribute
the proceeds of his estate, real and personal,
amongst said testator's brothers and sisters OF
the whole blood, who may be living at the
time of his death, TO be equally divided
amongst them, the Legitimate children and
descendants of those who are or may be DEAD
TO take the same parts, to be equally divided
amongst them, TO which their ancestor, the
brother or sister of said testator, would be en-
titled if living. That so far as complainant Is
Informed the brothers and sisters of the whole
blood of said testator were George b. Miller,
Jesse Miller, Susan Leppo, Catharine Sykes,
Elizabeth Brown, Sarah Lands and Rachel
Brown, who all died before testator, leaving
children, some of whom were living at tesla
1 IL. Il sod "
ing children and descendants living at the time
of testator's death, and that so far as COM
plaiuant has been able to ascertain the follow
ing are the names OF all persons claiming to
be legitimate children and descendants OF the
brothers and sisters of the whole blood OF SAID
testator who were living at his death, with
their residences so far as known, as herelnaf
ter stated, viz Claude d. Miller, son of
testators deceased brother George B. Miller;
tire following children of testators deceased
brother Jesse Miller, viz: Catharine A. Winn,
Martha J. Winn, wife of Frederick ). VIM,
Algerine Scheckels, wife of George W. Scheek-
els Mary v. Miller, William Jesse Miller,
Laura Z. Williamson and Robert Il. William
son, her husband; and the following other de-
scendants of said Jesse Miller, viz: Nellie
ii. Farber, wife of William c. Farber, daugh.
fer of said Jesse Miller's deceased son, Alfred
say, wife of William r. Ramsay, children OF
said Jesse Miller's deceased son, David Miller,
and Clara c. Miller, an infant, daughter of
said Jesse MlIer's deceased son, Edward
Miller; the following children of teslator's de-
ceased sister, Susan Leppo, viz Adam NJ.
Leppo. Jacob NJ Leppo, Nancy Green, wife
of Isaac Green, Emanuel Lewis Leppo and
Mary Taylor, Jabez Leppo, Elijah Leppo,
who died since testator's death, and whose
executors are Joseph A. Leppo and Jesse w.
Leppo, Martha Urine, wife of David W. Urine,
who, complainant is informed has died since
testator's death, but whose executors or adj
minstrators, if such there be, are unknown to
complainant; and the following descendants
of said Susan Leppo, viz: Irwin Taylor,
Nora Flater, wife OF William Flater, and Nor
ris C. Weller, an infant, children of said Susan
Leppo's deceased daughter Ann; also Edward
RUBY. Charles Ruby, and Carrie Grouse, wife
of William l.. Grouse, children of said Susan
Leppo's deceased daughter Sallie Ruby; the
following children of testator's deceased sister
Catherine Sykes, viz: Lewis Sykes; and lsa-
belle Sykes. William Sykes, John Thomas
Sykes and George W. Sykes, who, the com
plainant is informed, are dead and have left
no descendants; also two children, Wesley
Sykes and James Sykes, who, the complainant
is informed, are ilegitimate children and not
tate under the provisions of said Will; the fol-
lowing descendants of teslator's deceased sis
ter Elizabeth Brown, viz Emma Skillman
and Florence Bradford, wife of Robert Il.
Bradford children of said Elizabeth Brown S
deceased daughter Rebecca Brown Davidson
and III. Clifford Davidson and Genna David
son, children of said Rebecca Brown David
sons deceased child John Davidson; Emma
Frances Burleigh, wife of Henry W. Burleigh,
daughter of said Elizabeth Browns deceased
son, Luther Brown; Charles Il. Brown, Harry
L. Brown, Alice G. Brown, John l.. Brown,
Walter C. Brown, Mary B. Newell, wife of
Merritt A. Newell, and Catherine Miller, wife
of +. r. Miller, children of said Elizabeth
Browns deceased sou Lewis Brown; Esther
Ellen King, wife of Royal King, daughter of
said testator's deceased sister Sarah Landis;
the following children of said testator's de-
ceased sister Rachel Brown, viz :: Elizabeth
Retiring, wife of David Retiring, David NJ.
Brown, jesse Brown; also George w. Brown
who, the complainant is informed. survived
testator and died June Doth, 1897; and COM
plainant is informed that M. A. Brown and G.
FL. Brown are the administrators Of his estate;
that said George W. Brown left surviving him
the following children, viz: M. A. Brown,
Alice L. Woods, wife of Jesse L. Woods,
Bessie White, wife of Vandaia White, G. H.
Brown and S. Vernus Brown and Willie Fl.
Brown, infants; also the following other de-
scendants of said Rachel Brown, viz: Ed
ward l.. A. Brown, Pearl L. Gusts, wife of
Charles e. Gusts, and Cora P Noggle, wife
of Clayton L. Noggle, children of said Rachel
| Browns deceased son Eli Brown; J. n.
Eakins, Dora Miller, wife of Andrew B.
Miller, and Eli Burkebile, children of said
Rachel Browns deceased daughter Margaret
Ann Eakins; and the following children of
Lloyd Eakins, deceased son of said Marga-
ret Ann Eakins, viz Herschel C. Eakns,
Amya Fl. Eakins and Emray F. Eakins.
minors; also l.. S. Brown, son of said Rachel
Browns deceased child Reason Brown; and
Winnie NJ. Hill and Lloyd F. Hill, a minor,
children Of Cordelia Hill, a deceased child of
said Reason Brown.
That complainant is unable 10 determine
whether the above named include all the par
ties entitled to share in the distribution of
said estate, and whether all the above sustain
the relatiopri y - testator as claimed, and
whetir III entitled to share in the
dstribati said Estate; that he is also un-
able to detsmine without the aid of this Court
her according to the proper construction
OF will tesiator's brothers and sisters
chilu.sn surviving at his death are alone emit
tied to share in said Estate ss.ihe exclusion of
those related in remoter degree, or whether
the descendants of said brothers and sisters
children are also entitled 10 share in said Es-
tate, and he is DESTROYS that all doubt rs to
the proper construction of SAID VIII, and as to
the persons entitled TO share in said Estate,
may be removed by the decision and deter
mination Of this Court; that he is unable to
determine whether there are any other persons
| to complainant unknown who are entitled to
share in the distribution of said Estate, and
that for the rea ems aforesaid and because of
the large number of persons claiming an in
terest in said Estate, the majority of whom are
non-residents, and the difference in the guam
tty of their interests, the complainant desires
the aid and protection of this Court in making
distribution thereof.
The Bill prays for subpoena directed to the
said Catherine A. Winn, Martha j. VIM,
Algerine Scheekels and George w. Scheckels.