The citizen. (Frederick City, Md.) 1895-1923, 1901-03-01

The bill of complaint Of Stephen S Fout
and Emma F. Fout, his wife, respectfully
represents unto your lIouors:
list. That the plaintiff reside in Freder-
ick County, Maryland and are both over
twenty one wears of aye,
md. That in July, nineteen hundred,
one Otho f. Cook, of Frederick County,
aforesaid, departed this life intestate. seized
and possessed of certain real estate situated
in Frederick County, Maryland, which real
estate Is fully described in deeds conveying
the same to HIM duly recorded in the Land
Records of Frederick County. certified
copies of which as 50 recorded and filed
herewith marked respectively Exhibits A.
Is. c. and which exhibits il Is prayed may
he taken and considered MS a part of The
bill Of complaint as fully as if herein in
serted in words and figures.
3rd That the said Otho r. Cook left sur
yiving him a widow named Mary Ann
Cook, aged about eighty years, and the
following named children as his heirs ut
law, viz, a son named Somerset F. Cook,
who is unmarried At present and is a nom
resident of the state o: Maryland; a son,
Theodore 4. Cook. who is married but
whose wiie's given name is not known,
both of whom are non-residcuts OF the State
of Maryland: a son Oscar t. Cook who is
married and whose witc's name is Melissa
Cook and both OF whom are uon-resdents
of the State Of Maryland; a daughter,
Frances NJ. Thompson, who is married to
William Thompson and both of whom re-
side IN Frederick County, Maryland; a son,
George +. Cook. who is married and whose
wife is named Rachael Cook, both OF whom
reside in Frederick County. Maryland; "a
daughter. Ida 7. 'rahler, who is married to
George F. Tablcr, both Of whom reside in
Frederick County, Mary land a daughter,
Emma f. Fout. who, with her said husband,
Stephen ;. fout, are the plaintiffs in this
cause, and the plaintiffs further alege
that all the above. named persons are over
twenty-onc years of aye and that the said
widow also resides in Frederick Comfy,
Mary land
lth. And the plaintiff furthcrallegcs that
on the death of the said ohio T. Cook the
real estate described in said Exhibits A b.
G. descended to and vested in his above
named heirs at law as tenants in common,
subject however to the dover right of his
said widow Mary Ann Cook therein and
that all hcn% yet alive they are now so
seized and possessed of the SAID real estate
as tenants in common.
9TH That said real estate is not suscep-
tible of division among the said heirs Mt
law without great loss and damage and it
would be TO their interest to have the same
sold 10y a trustee appointed by said Court
and the proceeds divided amongst them
according TO their respective interests
therein.
1t is thereupon by the Circuit Court for
Frederick County, sitting Us Court of
Equity, on this 27th day of February. in
the year 1901, ordered that the plaintiffs
by causing Il copy of this order TO he in
serted in some newspaper published in
Frederick County, Maryland, once a week
for four successive weeks before the Both
day Of March. in the year 1901, give notice
to the non-residents defendants of the
object and substance of this bill. warning
them to he and appear in this Court in
person or by solicitor on or before the date,
April 10th, in the year l9Ol, To show cause,
if any they have, why a decree ought not
be passed as prayed.
Filled February 18th, 1901.
DOUGLASS II. HARGETT,
True copy-Iest. Clerk.
DOUGLASS II. HARGETT,
mar. Lot Clerk