The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1900-05-19
llRDER OF puHLIcArIoN.
In The Circuit Court for Carroll County, in
Equity.
NO. 1901 EQUITY.


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 deee
dent, and determine who are the parties emit
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 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 the
sum of ST., 447.36 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 10 distribute
the proceeds of his estate. real aud 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
tors death, and others predeceased him, leav
ing children and descendants living at the time
of testators death, and that so far as COM
pIainant has been able 10 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 ID. Miller, son of
testator's deceased brother George b. Miller;
the following children of testator's deceased
brother Jesse Miller, viz: Catherine A. Winn.
Martha j. Winn, wife of Frederick S. Winn,
Alserine Scheckels, wife of George W. Scheck-
els, Mary " Miller, William jesse Miller,
Laura E. Williamson and Robert 4. 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 r. Ram
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 Miller's deceased son, Edward
Miller; the following children of esiator's de-
ceased sister, Susan Leppo, viz: Adam N.
| 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.
Ieppo, Martha Urine, wife of David w. Urine,
| who, complainant is informed, has died since
| testator's death, but whose executors or adj
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 Salie Ruby; the
following children of testator's deceased sister
Catherine Sykes, viz Lewis Sykes; and Isa-
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 illegitimate children and not
entitled to share in the distribution oil said es-
tate under the provisions of said Will; the fol
| lowing descendants of tesiator's deceased sis
ter Elizabeth Brown, viz: Emma Skllman
and Florence Bradford, wife of Robert E.
| Bradford, children of said Elizabeth Browns
deceased daughter Rebecca Brown Davidson;
and Ii. Clifford Davidson and Genna David
son. children of said Rebecca Brown David
sons deceased child, John Davidson; Emma
Frances Rurlegh, 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 F. r. Miller, children of said Elizabeth
Browns deceased sou Lewis Brown; Esther
Ellen King, wife of Royal King, daughter of
said testaIor'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 29th, 1897; and conf
plainant is informed that NJ. A. Brown and c.
H. 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. II.
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 E. Gusts, wife of
Charles E. Gusts, and Cora P. Noggle, wife
| of Clayton E. Noggle, children of said Rachel
| Browns deceased sou 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 G. Eakins,
| Amya H. Eakins and Emray F. Eakins,
minors; also l.. s. Brown, son of said Rachel
| &, i II 81, Il
Winnie NJ. Hill aud Lloyd F. Hill, a 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 10 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 tesiators brothers and sisters
children surviving at his death are alone emit
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 10
the persons entitled 10 share in said Estate,
may be removed by the decision aud deter
minaton of this Court; that he is unable to
| determine whether there are any other persons
to complainant unknown who entitled to
share in the distribution of said E'late, 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
nou-residents, and the difference III 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. Winn, Martha j. Winn,
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