The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1900-06-02
1lRpBR OF PUBLICATION.
In The Circuit Court for Carroll County, in
Equity.
No 29Ol EQUITY.
Joshua W. Herring, Executor Of DAVID MIIIe

.IQgbua w. derlDH. EAcCutoA VI
deceased. VS.. Claude d. Miller, ct al.
The object Of this proceeding is to have this
Court assume jurisdiction of the further ad-
min;stration Of the Estate of David Miller
late of Carroll. county, deceased; to establish
The ,rne construction of the Will OF SAID dece-
dent. and determine who are the parties emu
lad IN share in the distribution of said Estate;
and that distribution may be made among
them under the direction of this Court
The Bill states tte.t David Miller died on ono OF
about the 18th day of February, A: u. 1881,
leaving last Will and Testament IN ana Dy
which he appointed the complainant joshua
W. Herring, as his executor; that said executor
has paid all claims against the Estate OF saiu
decedent and passed his hrst aanin's a ,i,a
account by which it appears that he has ihe
sum of Sill ,447.36 in cash for dlstripu'ioh
among such persons as may be entitled 10
share therein under the residuary clause Oh
said Will; that in and by said residuary clause
said tes,ator directs his executor to distribute
the nroceeds of his estate, real and personal,
amongst said testator's brothers and sisters oil
The whole blood, who may be living at the
time of his death, TO be equally DIVIDED
amongst them, the legitimate children ana
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
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
tors death, and others predeceased him, leav-
ing children and descendants living at The ume
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 hereinaf
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 ]. VIM, wife of Frederick 5. Winn,
| Algeriue Scheckels, wife of George w. Scheck-
els. Mary v. Miller, William Jesse Miller,
Laura Z. Williamson and Robert L. William,
SON. her husband; and the following other de-
scendants of said Jesse Miller, viz Nellie
| II. Farber, wife of William c. Farber, daugh,
ter of said Jesse Miller's deceased son, Alfred
Miller. Emma NJ. Miller and Mary Il. Ram
saw. wife of William R. Ramsay, children of
| said Jesse Miler's deceased son, 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 Time, wife of David W. Urine,
who, complainant is informed, has died since
/ II ...lo .fr1rc nd
ministrators, 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 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 leit
no descendants; also two children, Wesley
Sykes and James Sykes, who, the complainant
| is informed, are illegitimate children and not
entitled to share in the distribution of said es-
| tate under the provisions Of said Will; the toll
lowing descendants of testator's deceased SIS
ter Elizabeth Brown, viz: Emma Skillman
and Florence Bradford, wife of Robert K.
! Bradford, children of said Elizabeth Browns
deceased daughter Rebecca Brown Davidson;
and III. Clifford Davidson and Glenna David
son, children of said Rebecca Brown David
sons deceased child, John Davidson; Emma
Frances Burleigb, wife of Henry W. Burleigh,
daughter of said Elizabeth Browns deceased
son, Luther Brown; Charles E. Brown, Harry
L. Brown, Alice &. Brown. John l.. Brown,
| ID fa Ni
| Merritt A. Newell. and Catherine Miller. wife
of F. r. Miller, children of said Elizabeth
Browns deceased son Lewis Brown; Esther
Ellen King, wife of Royal King, daughter Of
said testator's 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
testator aud died June 10Th, 1897; and com
plainant is informed that M. A. Brown and T.
Fl. Brown are the administrators of his estate
that said George W. Brown left surviving hin
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 II
Brown, infants; also the following other de
sceudants of said Rachel Brown, viz Ed
ward L. A. Brown, Pearl E. Gusts, wife o
Charles E. GUSTS, and Cora P. Noggle, wife
of Clayton E. Noggle, children of said Rache
Browns deceased son Eli Brown; j. N
Eakins, Dora Miller, wife of Andrew B
Miller, and Eli Burkeble, children of sale
Rachel Browns deceased daughter Margare
Ann Eakins; and the following children o
Lloyd Eakins. deceased son of said Marga
ret Ann Eakins, viz: Herschel C. Eakins
Amya Fl. Eakins and Emray f. Eakins
| olso 7. Rraun q CON IF qai1 Rapha
Browns deceased child Reason Brown; ant
Winnie NJ. Hill and Lloyd F. Hill, minor
children of Cordelia Hill, deceased child o
said Reason Brown.
That complainant is unable to determine
whether the above named include all the par
ties entitled to share in the distribution o
said estate, and whether all the above sustain
the relationship to testator as claimed, AM
whether they are all entitled to share in tn
: distribution of said Estate; that he is also un
, able to determine without the aid of this Cour
whether according to The proper construction
of said Will testators brothers and sisters
children surviving at his death are alone emit
tied to share in said Estate to the exclusion O
those related in remoter degree, or vhethe
the descendants of said brothers and sisters
children are also entitled TO share in said Els
tate, and he is DESTROYS that all doubt as t
the proper construction of said Will, and as L
the persons entitled TO share in said Estate
, may be removed by the decision and deter
, mination of this Court; that he is unable L
determine whether there are any other person
TO complainant unknown who are entitled +
share in the distribution Of said Estate, an
that for the reasons aforesaid and because @
the large number of persons claiming an in
terest in said Estate, the majority of whom ar
non presidents, and the difference in the guam
iity of their interests, the complainant desire
) the aid and protection of this Court in maxim
distribution thereof.
The Bill prays for subpoena directed to tn
said Catherine A. VIM, Martha ]. VIM
Algerine Scheckels and George W. Scheckels
her husband, Mary v. Miller, William J
Miller, Laura E. Williamson and Robert
Williamson, her husband, Emanuel Levi
t Leppo, Mary Taylor, Lewis Sykes, Wesle
t Sykes, James Sykes, adult defendants, an
4 Gtar., M,llar inf dafanAanf oil Hin