Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1905-04-07
ORDER OR PUBLICATION.
Katherine Seager OHutt, plaintiff,
VS..
Catherine V. Ofutt and others, defend
ants.
In the Circuit Court for Montgomery county,
as Court of Equity. No. 2l57 Equity.


In the Circuit Court for Montgomery county,
as Court of Equity. No. 2l57 Equity.
THE object OF his suit is for the appoint
Il ment Of q receiver and to procure the
specific performance Of the contract between
Katherine Seager OGatt and Luther N. Offutt.
deceased.
The bill states that Luther N. Onutt, late
OF Montgomery county, died on the thif-
tieIh day OF November, in the yea. nine
teen hundred and four, intestate, leaving the
said Katherine Seager 0fntt, his widow,
and the following persons surviving him as
his only heirs ct Law and next of kin: Three
sisters, Catharine v. Offutt, who resides 10
the city of Washington, 10 the District OF
CounSelman, who intermarried with William
G. Counselman, all Of whom reside ia ibis
county, and the following nephews Aud
nieces, the children Of William 8. O6utt, q
brother of said Luther N. 0futt, deceased
Clifford n. Odutt, who intermarried with
AlVerta Ohutt, both of whom reside in the
city OF Washington, in the District Of Colum-
biai Reginald q. Offntt, who intermarried
with Lille O. 0Rutt, and Ara J. o. Cover,
who intermArried with George o. Cover, all
Of whom reside in the city Of Baltimore, in
the State Of Maryland. The children Of
Marion E. o Fawsett, sister OF said Luther
N. Ofutt, deceased Harry A. FaWsett, who
resides in the county OF Kings, in the State
OF New York Charles p. Fawsett, who In
termarried with Florence B. PaWsett, both
OF whom reside in the county of hilwsukee,
In the State Of Wisconsin; Harry o. Faw-
sett1 who intermarried With Matte W. Fsw-
sett, both OF whom reside 10 the county Of
" nItnnmah In thu 2tofa If
ard G. Fswsett, who intermarried with Eliza
beth Fawsett; William Fl. Fawsett, all of
whom reside in this county; Mary V. Faw.
Sett, Laura J. Fawsett, Clifford c. Fawsett,
Florence Fawsett, Ethel N. PAwsett, Minnie
2. Hodges, who intermarried with Frank
NJ. Hodges, all Of whom reside In the city Of
Washington, IN the District Of Columbia.
The children of Rachel Il 0fuit, q sister of
said Luther N ofutt, deceased Nicholas
D. Ofutt, who intermarried with Elizabeth
h Ofutt; Lee oHutt, who intermarried with
Mary E Ofutt, all OF whom reside in this
county, all Of whom are of full age except the
said Florence Fawsett and Ethel N. FaWsetL,
who are ipfsnts under the age Of twenty one
years.
That Naturalization Of all and singular
the personal estate Of the said Luther n Of
futt has been granted BY the Orphans Court
OF Montgomery county to one Lee Ofutt, Of
said county, who in virtue thereof has pos
sessed himself Of the personal estate Of the
said Luther N Ofutt.
That Lee 0futt ia Ied 10 his two-fold ca
pacity of administrator of the goods aud
chAttels Of said Luther OfYutt, deceased,
and as one Of the heirs at Law Of said Luther
N. 0ffutt, deceased.
That said Luther N. Odutt had repeatedly
offered said Katherine Seager Offutt all his
property if she would marry him, and 10 an
swer 10 request from said Katherine Seager
Ohutt that be should make bis offer in writing
the said Luther N. Ofutt, on the goth day Of
June, A. D 1901, wrote latter to said Kath-
crime Seager Ohutt. offering to settle his
property 90 her in any way she desired il she
would marry him.
That said Katherine Seager Offult, contid-
ing 10 the undertaking and promise 10 said
letter contained, married the said Luther NJ.
Ofutt on the 18th day Of October, A. D.
1901.
That month and i've days after said mar
risge ceremony was performed, in execution
Of the promise by said Luther N. OfYutt to
Katherine Seager OfFutt, 10 said letter con-
tanned, they decided that said Luther NJ.
Ofutt should execute . last will aud teJta-
ment, bequeathing and devising sill his p OPP
erty to said Katherine Sesger 0Gult That
said Katherine Seager Offatt procurel form
Of VIII for that purpose, and 10 her own
handwriting drew the paper As follows:
Great Falls, Montgomery County, Nd.
Luther N. OEutt, hereby bequeath to my
wife, Katherine Seager OF utt, all the pro-
peTty, real and personal, of which | may
die possessed also name the said Kathe-
rine Seager O6uu my executriH without
bond.
Signed:
LUTHER N. OFFUTT. Seal.
Nov 20th, 1901.
That on tue twentieth day of November,
in the year nineteen hundred and one, the
said Luther N. Onfutt signed said paper, bat
owing 10 the fact that said paper vas not
properly witnessed, the Orphans Court for
Montgomery county, on the twenty-6rst day
OF December, in the year nineteen hundred
and four, passed an order to the effect that
the said writing was not the will Of said
Luther Ohutt, and was not entitled to
probate as such.
That said Luther N. 0futt died seized
and possessed Of parts of tracts Of land called
William and James and "WilIaim sbo-
rough, containing one hundred aud ninety
slx acres, more or less, worth about fifteen
thousand dollars; and personal property
worth about twenty-five hundred dollars.
That the said Katherine SeAgsr 0futt has
performed all the requirements Of said agree
ment on her part TO be performed. but the
said heirs Of Luther n 0fatt, deceased, re-
fuse 10 make conveyance OF the said property
to the said Katherine Seager 0Rutt as they
ought to do, and said administrator refuses to
perform said agreement and declares be will
not recognize or carry out said contract