Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1903-12-11
ORDER OF PUBLICATION.
Tho mas E. Bailey, by his next friend, Thorn
as N. Bailey, Plaintiff, vs.. Edmund Lyd-
dane aud wife, and Others, Defendants
In the Circuit Court for Montgomery county,
as Court of Equity. No. 2OTl Equity.


THE OBJECT Of this suit is to procure
Il Decree for the sale OF certain property
in Montgomery county, in the State Of Mary
land, which was conveyed by James NJ. Kill
gour and wife and others to Harriet II. Lyd-
dane, James N. Lyddane, Edmund Lyddane,
Eugene 7. Lyddane, William Robert Lyd-
dane, Stephen b. Lyddane, Ann Lavinia Lyd-
dane, Cathariue Lyddane and Rosina Lyd-
dane, on or about the 2lst day OF October,
in the year 1865.
The Bill states that James e. Lyddane,
sometime on or about the first day of April,
IN the year 1858, purchased from James NJ.
kilgour and John N. Kilgour large tract Of
land In said Montgomery county, but de-
parted this life before he had obtained deed
for the same from said vendors.
That said James E. Lyddaue departed this
lie sometime in the year 1864 leaving last
Will and testament, by which he devised as
follows al devise and bequeath to my be-
loved wife, Harriet H. Lyddsne, all my es-
tate, real, personal and mixed, for and during
her single life or widowhood, aud upon the
death or marriage of my said wife, the whole
OF my said estate shall go to my children and
De divided among them as If had died in
| ESTATE"
That said James K. Lyddane left surviving
MIN Harriet ii. Lyddane, his widow, and tn e
Following children James N. Lyddane, Ed
mund Lyddane, Eugene T. Lyddane, William
Robert Lyddsne, Stephen B. Lyddane, Ann
Lavinia Lyddane, Catharine Lyddane and
Rosina Lyddane, his devisees under said last
| will and testament
That on the 2lst day of October, in the
year 1865, the said James M. Kilgour and wife
and John NJ. kilgour aud wife did, by their
deed convey unto said widow and children
the land 80 as Aforesaid sold to the said James
K. Lyddane.
That said James N. Lyddaue departed this
lite sometime in the year 1875, leaving last
| VIII and testament by which he devised as
follows: 81 give, devise and bequeath to my
brother, Robert Lyddane, and nv sisters.
Lavinis Lyddane, Kate Lyddane and Rose
Lyddane, all the right and interest NAV
nave at the death of my mother In and to the
real and personal estate of my late father,
James K. Lyddane, TO be divided among
them, share and share alike, and IL my said
orother or either of my said sisters should
ole before the death of my mother, without
lawful issue, the share or shares Of such de-
ceased brother or sister shall be equally d.
vlded among the survivors, but il my said
orotner or my said sisters, or either of them.
should die leaving lawful issue living at the
time OF the death Of my said mother, then
sucn Issue shall receive the share his, her or
their parent or parents would have received.
mad they been living at the time of the death
Of my said MOTHER
That Harriet q. Lyddane has departed this
life That Edmund Lyddane intermarried
with Margaret e. Lyddane. That Eugene
4. Lyddane is widower. That William
Robert Lyddane intermarried with Anna
Lyddaue. That Stephen B. Lyddane inter-
married with Fannie e. Lyddane. That Ann
Lavinia Lyddane intermarried with Charles
D. Jones the said Charles B. Jones has de-
parted this life leaving Ann Lavinia Jones.
ms widow, surviving him. That Catherine
L'ddane intermarried with said Thomas N.
Bailey the said Catharine Bailey having
departed this life prior to the death of her
mother, the said Harriet II. Lyddaue, leav-
ing surviving her the said Thomas N. Bailey.
ner husband, and one child, your Orator.
Ihomas Il. Bailey, an infant under the age OF
~ years, her only heir and representative
Ihat Koslna Lyddane intermarried with
Charles Veirs. Thai all of said parties ra'
side 10 Montgomery county, in the State of
aryland, except the said Edmund Lyddane
Margaret e Lyddane and Eugene T Lyd,
dane, all OF whom reside in the District of
Columbia VI
That said real estate is not susceptible to
partition without material loss and iniurv n
the parties entitled to interests therein as
ABOVE slated, and that in order to make di.
vision Of said interests, it will be necessary
that said real estate be sold, and the proceeds
thereof divided amongst the parties according
TO theil several interests.
That the said Edmund Lyddane, Margaret
Il. Lyddane and Eugene T. Lyddane are non |
u is thereupon this 9th day of December.
IN the year nineteen hundred and three. or |
dered by the Circuit Court for Montgomery
Oouny, In Equity, that the plaintiff, by caus.
ing copy of this order to be inserted in
some newspaper published in said Montgom-
cry county, once in each of four successive
weeks before the 7th day of January, in the
year nineteen hundred and four, give notice
to said absent defendants of the object and
substance of this bill, warning them to ap-
pear In this Court, in person, or by solicitor,
on or before the 26th day of January, In the
year nineteen hundred and four, to show
cause, Il any they have. why decree ought
not to be passed as prayed.
JOHN l.. BRUNETT, Clerk
- Circuit Court for Montgomery county,
True copy-Test:
dec ll-4t JOHN l.. BRUNETT, Cpk. VI