Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1903-12-25
ORDER OF PUBLICATION.

V&O4A "a VU4AUH 4 Wv .
Thomas E. Bailey, by his next friend, Thorn
as N. Bailey, Plaintiff VS.. Edmund Lyd-
dane and wife, and others, Defendants
In the Circuit Court for Montgomery county,
ass Court of Equity. No. 207l Equity.
TIME OBJECT of this suit is to procure a
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 a. Lyd-
dane, James N. Lyddane, Edmund Lyddane,
Eugene T. Lyddane, William Robert Lyd-
dane, Stephen B. Lyddane, Ann Lavinia Lyd-
dane, Catharine 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 N.
Kilgour and John N. Kilgour large tract Of
land in said Montgomery county, but de-
parted this life before he had obtained a deed
| for the same from said vendors.
That said James &. Lyddane departed this
life sometime in the year 1864, leaving last
will and testament, by which he devised as
follows: 81 devise and bequeath to my be-
loved wife, Harriet H. Lyddane, all my es-
tate, real, personal and mixed, for and during
her single life or widowhood, and upon the
death or marriage Of my said wife, the whole
Of my said estate shall go to my children and
be divided among them as If had died in
.estate."
That said James E. Lyddane left surviving
him Harriet II. Lyddane, his widow, and the
following children James N. Lyddane, Ed
mund Lyddane, Eugene T. Lyddane, William
Robert Lyddane, 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 1855, the said James NJ. Kilgour and wife
and John NJ. Kilgour and wife did, by their
deed, convey unto said widow and children
the land so as aforesaid sold to the said James
e. Lyddane.
That said James N. Lyddane departed this
life sometime in the year 1875, leaving last
will and testament by which he devised as
follows: 81 give, devise and bequeath to my
brother, Robert Lyddane, and my sisters,
Lavinia Lyddane, Kate Lyddane and Rose
Lyddane, all the right and interest ma Y
have at the death Of my mother in and to the
real and personal estate of my late father,
James &. Lyddane, 10 be divided among
them, share and share alike, and If my said
brother or either of my said sisters should
die before the death of my mother, without
lawful issue, the share or shares of such de-
ceased brother or sister shall be equally d.
vided among the survivors, but if my said
brother 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
such issue shall receive the share his, her or
their parent or parents would have received,
had they been living at the time of the death
Of my said mother"
That Harriet Il. Lyddane has departed this
life. That Edmund Lyddane intermarried
with Margaret e. Lyddane. That Eugene
I. 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 interms rried with Charles
B. Jones the said Charles B. Jones has de-
parted this life leaving Ann Lavinia Jones,
his widow, surviving him. That Catharine
LYddane 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. Lyddane, leav-
ing surviving her the said Thomas N. Bailey
her husband, and one child, your Orator,
Thomas Z. Bailey, an infant under the age OF
81 years, her only heir and representative -
That Rosina Lyddane intermarried with
Charles Veirs. That all of said parties re.
side in Montgomery county, in the State Of
Maryland, except the said Edmund Lyddaue
Margaret E. Lyddane and Eugene 7 Lyd.
dane, all Of whom reside in the District Of
Columbia
That said real estate is not susceptible to
partition without material loss and injury to
the parties entitled to interests therein as
above stated, and that, in order to make d.
vision Of said interests, it will be necessary
that said real estate be sold, and the proceed:
thereof divided amongst the parties according
to theiI several interests
That the said Edmund Lyddane, Margaret
h Lyddane and Eugene Lyddane are non
residents.
u is thereupOn this 9Th day of December
10 the year nineteen hundred and three, or
dered by the Circuit Court for Montgomery
County, in Equity, that the plaintiff, by caus
ing copy Of this order TO be inserted il
some newspaper published in said Montgom
cry county, once in each of four successiv,
weeks before the 7th day Of January, in the
year nineteen hundred and four, give motto,
to said absent defendants of the object ant
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 thu
year nineteen hundred and four, to show
cause, It any they have. why decree ough
not to be passed as prayed.
JOHN L. BRUNETT, Clerk
Circuit Court for Montgomery county.
True eOpy-Test:
| dec ll-4t JOHN l.. BRUNETT Cpk