Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1905-03-24

'hE OBJECT OF this suit is for the appoint
Il ment of a receiver and to procure the
specific performance of the contract between
Katherine Seager Offutt and Luther M. 0ffutt,
deceased
The bill states that Luther NJ. Offutt, late
OF Montgomery county, died on the thir-
tieth day Of November, In the year nine
teen hundred and four, intestate, leaving the
said Katherine Seager 0tfutt, his widow,
and the following persons surviving him as
his only heirs at law and next Of kin: Three
sisters, Oatharine V. 0ffutt, who resides In
the city OF Washington, In the District Of
Columbia; Laura J. 06utt, and Julia A. o.
Oounselman, who intermarried with William
q. Counselman, all of whom reside In this
county, and the following nephews and
niecee, the children Of William s. Offutt, q
brother OF said Luther NJ. 0ffutt, deceased
Clifford H. Ohutt, who intermarried with
Alverta Ofutt, both Of whom reside 10 the
city OF Washington, In the District Of Column
bia; Reginald h. Offutt, who intermarried
with Lille O. 0ffutt, and Ara J. o. Cover,
who intermarried with George o. Cover, ali
OF whom reside in the city Of Baltimore, in
the State Of Maryland. The children of
Marion k. D. Fawsett, a sister Of said Luther
M. Ofntt, deceased Harry A. Fswsett, who
resides in the county OF Kings, In the State
OF New York Charles +. Fawsett, who In
termarried with Florence B. Fawsett, both
OF whom reside in the county of Milwa ukee,
In the State OF Wisconsin Harry o. Faw-
sett, who intermarried with Matte W. Faw-
sett, both Of whom reside in the cou nty OF
N ultnOmah, 10 the State Of Oregon How
ard O. Fawsett, who intermarried with Eliza
beth X. Fawsett; William II. Fawsett, all of
whom reside In this county Mary V. Faw-
sett, Laura J. Fawsett, Clifford q. Fawsett,
Florence Fawsett, Ethel N. FAwsett, Minnie
u. +. Hodges, who intermarried with Frank
N. Hodges, oil Of whom reside In the city of
Washington, IN the District OF Columbia
Tn children of Rachel II. OfRutt, q sister of
said Luther NJ. 0Gutt, deceased Nicholas
ID. Ofutt, who intermarried with Elizabeth
II. Ofutt; Lee OfRutt, who intermarried with
Mary X. Ofutt, all OF whom reside In this
county, all Of whom are Of full age except tho
said Florence Fawsett and Ethel N. Fawsett,
who are infants under the age of twenty one
years.
That administration of all and singular
the personal estate Of the said Luther NJ Of
futt has been granted by the Orphans Court
OF Montgomery county to one Lee Offuti, Of
said county, who in virtue thereof has pos
sessed himself OF the personal estate Of the
said Luther NJ. Offutt.
pacity Of administrator Of the goods and
chattes Of said Luther NJ OiRutt, deceased,
and as one of the heirs at law of said Luther
NJ. 0hutt, deceased.
That said Luther NJ. 0nutt had repeatedly
offered said katherine Seager 0ffutt all his
property If she would marry him, and in an
swer 10 request from said Katherine Seager
ORutt that he should make bis offer in writing
the said Luther M Ofutt on the 10th day Of
June, A. ID. 1901, wrote latter to said Kath-
crime Seager Ofutt, offering 10 settle his
property on her In any way she desired IL she
would marry him.
That said Katherine Seager 0Rutt, conf :
ing 10 the undertaking and promise ia sal d
letter contained, married the said Luther NJ.
Ofutt on the 18th day Of October, A. d.
1901.
That month and FIVE days after said mar
riage ceremony was performed, 10 execution
Of the promise by said Luther NJ. Offutt to
Katherine Seager Offutt, In said letter con-
tanned, they decided that said Luther NJ
Ofutt should execute a last will and tesla
ment bequeathing and devislng all his prop.
erty TO said Katherine Seager 0ffutt. That
said Katherine Seager OGutt procure form
OF will for that purpose, and In her own
drew the paper as follows:
Great Falls, Montgomery County, Nd.
|, Luther N. 0HFutt, hereby bequeath TO my
wife, Katherine Seager 0fIutt. all the pro-
perry, real and personal, Of which | may
die possessed. also name the said Kathe-
rine Seager o6utt my executrix without
bond
Signed:
LUTHER NJ. OFFUTT. Seal.
Nov. goth, 1901.
That on the twentieth day of November,
Ia the year nineteen hundred and one, the
said Luther NJ. Ofutt signed said paper, but
owing 10 the fact that said paper was not
properly witnessed, the Orphans Court for
Montgomery county, on the twenty first 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 N 0fntt, and was not entitled to
probate as such.
That said Luther NJ. 0fFutt died seized
and possessed OF parts Of tracts OF land called
civilian and James' and "Willalmsbo-
rough, 'containing one hundred aud ninety
six acres, more or less, worth about fifteen
dollarsi and personal property
worth about twenty-five hundred dollars.
That the said Katherine Seager 0nutt has
performed oil the requirements Of said agree
ment on her part TO be performed, but the
said heirs Of Luther N. 0futt, deceased, re-
fuse 10 make conveyance Of the said property
TO the said Katherine Seager Ofutt as they
ought to do, and said administrator refuses to
perform said agreement and declares he will
not recognize or carry out said contract.
That Catherine v. 0Futt, Clifford u.
0hutt, Alverta Ofutt, Mary v. Pawsett,
Laura J. FawSett, Clifford @. Fawcett, Flor
ence Fawsett, Ethel N. FAwcett, Minnie K.
Y. Hodges, Frank NJ. Hodges, Harry A. Faw-
sett, Charles y. Fawcett, Florence B. Faw-
sett Harry q FaWsett and Matte W. Faw-
sett are all non-residents Of the State OF
1t Is thereupon, this l4th day Of March, In
the year nineteen hundred and Eve, ordered
by the Circuit Court Of Montgomery county
10 Equity, that the plaintiff, by causing a
copy Of this order 10 be inserted Ia some
Newspaper published In said Montgomery
county once 10 each Of four successive weeks
before the 18th day Of April, 10 the year
1905, give notice to the said absent defend
ants Of tae object and substance OF this bill,
warning them 70 appear 10 this Court, 10
person or by solicitor, on or before the 9th
day OF May NEXT, TO show cause, if any they
have, why decree ought not To be passed
as prayed.
JOHN l.. BRUNETT, CPk
Circuit Court for Montgomery county.
True copy-Test;
JOHN l.. BRUNETT, OK.