The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1900-05-26
OF PUBLICATION.
In the Circuit Court for Carroll County, in
Equity.
NO. 3SOi EQUITY.


Equity.
NO 1901 EQUITY.
Joshua W. Herring Executor of David Miller,
deceased, vs. Claude d. Miller, ct al.
The object of this proceeding is to have this
Court assume jurisdiction of the further adj
ministration of the Estate of David Miller,
late of Carroll county, deceased; to establish
the true construction of the Will of said dece-
dent, and determine who are the parties entl-
tied to share in the distribution of said Estate;
and that distribution may be made among
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 III 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 ii appears that he has The
sum of Sl1, 44T.36 in cash for distribution
among such persons as may be entitled to /
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 testators 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
uGSCCHudlilS VI tlIbsc WIZ stlt VI may bt hChb
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 aud sisters of the whole
blood of said testator were George b. Miller,
Jesse Miller, Susan Leppo, Catharne Sykes,
Elizabeth Brown, Sarah Lands aud Rachel
Brown, who all died before testalor, leaving
children, some of whom were living at tesla
tors death, and others predeceased him, leay
ING children and descendants living at the time
of testators death, and that SO far as com
planant has been able to ascertain the follow
ing are the names OF all persons claiming to
be legitimate children aud descendants of the
brothers and sisters of the whole blood of said
testator who we're living at his death, with
their residences so far as known, as herenaf
ter stated. VIZ: Claude d. Miller, son Of
testator's deceased brother George b. Miller;
the following children OF testators deceased
brother Jesse Miller, viz Catharine A. VIM,
Martha j. VIM, wife of Frederick ). Wiun,
Algeriue Scheckels, wife Of George W. Scheck
els, Mary Y. Miller, William jesse Miller,
Laura +. williamson and Robert f. William
son. her husband; aud the following other de-
scendauts Of said Jesse Miller, viz: Nellie
H. Farber. wife OF William c. Farber, daugh-
ter Of said Jesse Miller's deceased son, Alfred
Miller, Emma NJ MllttI anu MARY ~. lssiiAiF
say. wife Of William r. Ramsay, children of
said Jesse Miler's deceased sou, David Miller,
and Clara C. Miller. an infant, daughter of
said Jesse Miller's deceased son, Edward
Miller; the following children OF testator's de
ceased sister, Susan Leppo, viz: Adam NJ.
Leppo. Jacob N. Leppo, Nancy Green, wife
Of Isaac Green. Emanuel Lewis Leppo and
Mary Taylor. Iabez Leppo, Elijah Leppo,
who died since testalor's death, aud whose
executors are Joseph \. Leppo ANA Jesse W.
Leppo, Martha Urine, wife of David ". Irlne,
who, complainant IS informed, has died since
testator's DEATH but whose executors or adj
illustrators, ii 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' deceased daughter Ann; also Edward
Rnbv, Charles Rahy. and Carrie Grouse, wife
Of William l.. Grouse. children Of said Susan
Leppo's deceased daughter Sal'ie Ruby; the
following children Of testator deceased sister
Catherine Sykes, viz Lewis Sykes; and lisa
belle Sykes. William Sykes, John Thomas
Sykes and George W. Sykes, who, the con-
piaiuant is informed, are dead and have left
no descendants; also two children, W esiey
Sykes and James Sykes. who, the complainant
Is informed are Legitimate children and not
tate under the provisions OF sand viii; the fol
lowing descendants OF tcslaior's deceased SIS
ter Elizabeth Brown, VIZ Emma Skiliman
and Florence Bradford, wife OF Robert +.
bradford, children Of said Elizabeth Browns
deceased daughter RebecCa Brown Davidson;
aud IT, Clifford Davidson aud GlenRa David
son. children Of said RebecCa Brown David
snns deceased child, john Davidson; Emma
Frances Burleigh, wife Of Henry ". Burleigh
daughter uf said Elizabeth Brown deceased
son. Luther Brown; Charles +. Brown, Harry
T. Brown, Alice q. Brown, John l. Brown,
Walter c. Brown, Mary b. Newell. wife of
Merritt A. Newell. and Catherine Miller, wife
Of +. K Miller chlldren OF sand Elizabeth
RrnWp's deceased son Lewis Brown; Esther
Ellen King. wiie Of Royal King, daughter of
said tsstAjor's deceased sister Sarah Lands,
the following children OF said iestaiors de-
ceased sister Rachel Brown, viz Elizabeth
ketriuF. wiie Of David Retiring, DAVID VI,
BroRn, Jesse Brown; also George W. Brown
who, the complainant is informed, survived
teSiator and died june aath, lSa7; aud con-
plainant IS informed that NJ. A. Brown aud e.
h. Brown are the administrators of his estate;
tina, said George W Brown left surviving him
the following children, VIZ VI. \. brown,
Alice l.. Woods, wife OF Jesse l.. Woods,
bessie White. wife OF Vandala White, G. II.
brown anu - ' ttAA@ afANHi shsAH " AtitN -"
Brown. infants; also the following other de
scenaant, III said Rachel Brown, viz: Ed
ward l.. A. Brown. Pearl +. GUSTS, wife OF
Charles t. Cusiis, and Cora L. Noggle. wIte
Of CLAYTON f. Noggle, children Of sand Rachel
Browns deceased son Eli Brown; }. y.
Fskins, Dora Miller. wife Of Andrew b.
Miller, and Eli BuFkrbile, children OF said
Rachel Browu'g deceased daughter Margaret
Ann EAklns; and the following children OF
LIoyd Eakius. q deceased son ct SAID harga-
ret Ann Eakins. viz; Herschei e. Eakius,
Amya II Eakius and Emray +. EaAins.
minors; also l.. :. Brown, a sou OF sad Rachel
Brosn's deceased child Reason brown; and
Winnie NJ Hin aud Lloyd Z. Hill, MINOR.
children Of Cortlelia 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 testaior as claimed, and
whethe. they arr all entitled To share an the
distribution OF said Estate; that he Is ais" nn-
able 10 determine without the ald Of thiS CaHrt
whether according to the proper construction
Of said viii tesiatoFs brothers and sisters
children surviving at his death are alone emit
lied to share ia said Estate TO the exclusion oi
those related IN a rsmnter degree, OF whether
the descendants Oi Satd brothers ana SISTERS
children are also entitled to share ~ sand Is
tate. aud he is DESTROYS that all doubt as to
the proper construction Of sad Will, and rs TO
the persons entitled to share in said Estate,
may be removed By the decision aud deter
mination ul this Court; that he is unable to
determine wuether there are any other persons
10 complainant unknown who are entitled to
share in the distribution of said Estate, and
that for the Fea ons aforesaid and because OF
the large number of persons claiming an IN
terest in said E>tatc, the majority of whom are
non residents. aud 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 tor subpoena directed to the
said Catherine A. VIM, Martha }. VIM,
Alrerine Scheckels and George W. Scheckels,
her husband, Mary V. Miller, William }.
Miller, Laura +. 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. ieppo
and Jesse W. Leppo, executors of ELIJAH
Leppo, deceased Irwin Taylor, Nora Flater
and William F1ater, her husband, Edward
Ruby. Charles " Ruby, Carrie A. Grouse
and Wilson l.. Grouse, her husband, adult de
e Waliar iVf,4ut do