The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1900-04-28
Circuit Court

The object of this suit is to procure the ap-
pointment of receiver to take charge of the
real estate OF the late Michael Duffy, situated in
in Baltimore county, and receive the rents,
profits and issues thereof under the direction Of
the Court, and for an injunction restraining
Joseph Duly, Ella Duffy, his wife, Michael
Duffy, Jr., Mary Prospect. and James Prospect
her husband, and each of them and the agents
and servants of each of them, from interfering
management and the control of the same.
The bill states that Michael Duffy, late of Bal
about FeSruayy 18Th 1860 Iea ef on OF
viving him widow, Celinda G. Duffy, and the
following children. who are his heirs at law, to
wit: John /. Duffy, Monica Duffy, infant
Thomas F. Duffy, infant; Alice c. Nelson, who
is the wife of John S. Nelson, of Baltimore city:
Mary Prospect, formerly Mary Duffy, who mar
ried James Prospect, both of whom are non-resi-
dents and supposed to reside in Philadelphia,
Pennsylvania Michael Duffy, Jr., Joseph Duffy,
who married Ella Duffy his wife. of Baltimore
Jr., and Joseph Duffy. being children by for
mer deceased wife of said Michael Duffy, and
not children of his last wife, Celinda G. Duffy;
that at tho time of his death the said Michael
DnfY was seized ana ned 3ft ieTge as;a
ton, in said county, containing in the pgStegate
II acres. rood and 16 perches of land, more or
necessary outbuildings that the said Michael
Duffy died in the said dwelling house on the
farm, being the said real estate, and that at the
time of bis death the said Joseph Duffy and Ella
Duffy, his wife, and their children, and said
Michael Duffy, Jr., had been and are now re-
siding in said dwelling house on said farm 4; that
John NJ. Littig, ESQ.,, on the 9th day of March,
1900 produced before the Orphans Court of Bal
timore county paper writing purporting to be
the last will and testament of the said Michael
admitted to probate by said Court, and that said
John /. Duffy, Monica Duffy. Thomas F. Duffy,
Alice G. Nelson and John s. Nelson, her hus-
band, have filed caveat to said alleged will OBJ
jecting to the probate of the same, alleging that
the said paper writing was not duly executed
and attested that it was not executed by said
Michael Duffy when he was of sound mind and
capable of executing valid deed or contract.
and that the same was procured by undue In
tiuence exercised and practiced on the said
Michael Duffy and the paper writing as afore-
said was not admitted to probate as the last will
of Michael Duffy, but on said caveat issues were
and sent to the Circuit Court for Baltimore
county for trial, and the controversy over the
same is now pending and it will be long time
before said contention is terminated; that the
said paper writing is not in fact the will of the
said Michael Duffy. and that it can or ought not
to have any force, validity or effect as such will
that in view of said controversy, which may be
indefinitely protracted. and the fact that the
said farm and real estate is in good farming con-
dition and the buildings on the same are in good
repair that unless someone who has authority
from this Court is appointed to care for and look
after the same the said farm and buildings Will
go to destruction and waste and it is also abso-
lutely necessary that someone should look after
the insurance on the buildings.
There is great deal of ill-feeling among the
heirs at law, and as one of the heirs at law, they
being tenants in common of the said property.
has as much right to the possession and manage
ment of the said property as any other of the
heirs at law, there will always be conflicts and
contentious between the said heirs at law during
the said controversy as to the possession and
management of the said real estate. The prop
erty will, for want of proper care and manage
ment, be very much depressed and deprecated
in value and go to waste, as no possible agree
ment can be made between the heirs at law as 20
who will manage and control the same. The
damage that will be caused by the want OF
proper care will be great and irreparable to the
interests Darfleg concerned
to the plaintiffs, and it is therefore necessary
that receiver be appointed to take charge of
and protect all the interests of the parties in
terested, including the rights of the said widow,
Celinda G. Duffy; that Joseph Duffy is now and
in possession of said buildings and real estate,
but that he has no more right than any other OF
the heirs at law of the said Michael Duffy; that
so long as the controversy over the alleged will
is undetermined, said Joseph Duffy and Ella
Duffy, his wife Michael Duffy, Jr.. Mary Pros
peri and James Prospect, her husband. can have
no right or title to the possession of the said real
| estate any more than the other children who are
heirs at law of the said Michael Duffy.
1t is therefore this I'd day of April, 1900, or
dered by the Circuit Court for Baltimore CoUT.
| ty in equity, that the plaintiffs, by causiisors
/ copy OF this order to be inserted In some ne
| paper published in said Baltimore county, "
! In each of four successive weeks before the
day OF May, 1870, give notice to the SAID ~
| Prosperi and James Prospeni. her husband.
aAee4l laa nts, Of nc object and suDstance
of thisbill, warning them to appear In person Vi
Dy solicitor in this Court,
On or before the 31st day of May, 1901
to show cause, if any they have, why a decree
ougnt MOTTO be passed as PRAYER; nc prrRKE
True Copy.-Test: v,,.N c,orr
Apl. 7.-5t