The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1900-06-09
nnDER OF PUBLICATION.
In The Circuit Court for Carroll County, in
Equity.
No 28Ol EQUITY
na nv Herina. Executor of David Miller


them under the direction of this Court.
The Bill states that David Miller died ON or
about the 18th day of February, A. d. 1897,
leaving a last Will and Testament in and by
which he appointed the complainant, Joshua
w. Herring, as his executor; that said executor
has paid ali claims against the Estate of said
decedent, and passed his first administration
account by which it appears that he has the
sum of $l1, 447.36 in cash for distribution
among such persons as may be entitled 10
share therein under the residuary clause OF
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 teslator'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
10 take The same parts, 10 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 teslator were George Is. Miller,
Jesse Miller, Susan Leppo, Catharine Sykes,
Elizabeth Brown, Sarah Lands and Rachel
Brown, who all died before testator, leaving
children, some of whom we're living at Tesla
tors death, and others predeceased him, leav-
of testator's death, and that so far as COM
plainant 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 hereinaf
ter stated, viz Claude d. Miller, son of
testator's deceased brother George B. Miller;
the following children of testator's deceased
brother Jesse Miller, viz: Catharine A. VIM,
Martha j. VIM, wife of Frederick 5. Winn,
Algerine Scheckels, wife of George w. Seheck-
els, Mary V. Miller, William Jesse Miller,
Laura Z. Williamson and Robert K. William
son, her husband; and the following other de-
scendants of said Jesse Miller, VIZ Nellie
HI. Farber, wife of William c. Farber, dangh-
ter of said Jesse Miler's deceased son, Alfred
Miller, Emma NJ. Miller and Mary r. Ram
say, wife of William r. Ramsay, children Of
said jesse Miller's deceased sob, David Miller,
and Clara C. Miller, an infant, daughter of
said Jesse Miller'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. Trlne,
who, complainant is informed, has died since
testator's death, but whose executors or ad-
minisiraiors, if such there be, are unknown to
complainant; and the following descendants
of said Susan Leppo, viz: Irwin Taylor,
Nora Flaier, wife of William Flater, aud Nor
ris C. Weller, an infant, children OF said Susan
Leppos deceased daughter Ann; also Edward
Ruby, Charles Ruby, and Carrie Grouse, wife
of William l.. Grouse, children of said Susan
Leppos deceased daughter Sallie Ruby; the
following children of testator 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 Legitimate children and not
entitled to share in the distribution of said es-
tate under the provisions of said Will; the fol-
lowing descendants of testator's deceased Sis
ter Elizabeth Brown, viz Emma Skillman
and Florence Bradford, wife Of Robert E.
Bradford, children of said Elizabeth Browns
deceased daughter Rebecca Brown Davidson;
and H. Clifford Davidson and Glenna 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 E. Brown, Harry
L. Brown, Alice 6. Brown, John l.. Brown,
Walter G. Brown, Mary B. Newell, wife of
Merritt A. Newell and Catherine Miller, wife
of F. r. Miller, childrea of said Elizabeth
Brown deceased sou Lewis Brown; Esther
Ellen King, wife of Royal King, daughter of
said testaiors deceased sister Sarah Lands;
the following children of said testaior'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
iestator and died June 29th, 1897; and COM
plainant is informed that Nj. A. Brown and G.
Fl. Brown are the administrators of his estate;
that said George W. Brown left surviving him
the following children, viz: NJ. A. Brown,
Alice l.. Woods, wife of jesse l.. Woods,
Bessie White, wife of Vandalia White, C. H.
Brown and S. Vernus Brown and Willie H.
Brown, infants; also the following other de-
scendants of said Rachel Brown, viz Ed
ward l.. A. Brown, Pearl L. Gusts, wife of
Charles L. Gusts, and Cora P. Noggle, wife
of Clayton E. Noggle, children of said Rachel
Browns deceased son Eli Brown; j. N.
Eakins, Dora Miller, wife of Andrew B.
Miller, and Eli Bnrkebile, children of said
Rachel Browns deceased daughter Margaret
Ann Eakins; and the following children of
Lloyd Eakins, a deceased son of said Marga-
Amya II. Eakins and Emray f. Eakins,
minors; also l.. S. Brown, a son Of said Rachel
Browns deceased child Reason Brown: and
Winnie NJ. Hill and Lloyd F. HILL minor,
children of Cordelia Hill, deceased child of
said Reason Brown.
That complainant is unable to 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 relationship to testator as claimed, and
whether they are all entitled TO share in the
distribution of said Estate; that he is also I'M
able to determine without the aid of this Court
whether according to the proper construction
of said Will testator's brothers and sisters
children surviving at his death are alone enti-
tied to share in said Estate to the exclusion of
those related in remoter degree, or whether
the descendants of said brothers and sisters
children are also entitled to share in said Es-
tate, and he is DESTROYS that all doubt as TO
the proper construction Of said Will, 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 reasons aforesaid and because of
the large number of persons claiming an in
terest in said Estate, the majority OF whom are
residents, and the difference in the guam
tity 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. VIM, Martha j. VIM,
Algerine Scheckels and George W. Scheckels,
her husband, Mary v. Miller, William j.
Miller, Laura E. Williamson and Robert A.
Williamson, her husband, Emanuel Lewis
Leppo, Mary Taylor, Lewis Sykes, Wesley
Sykes, james Sykes, adult defendants, and
Clara C. Miller, infant defendant, all residing
in Baltimore City, State of Maryland; to Adam
NJ. Leppo, Jacob NJ. Leppo, Nancy Green and
Isaac Green, her husband, Joseph A. Leppo
and Jesse W. Leppo, executors of Elijah
Leppo, deceased, Irwin Taylor, Nora Flater
and William Fl,ater, her husband, Edward
and Wilsnr, l. Cranza her hnshn nd admit do.