Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1905-04-14
ORDER OF PUBLICATION.
katherine Seager Offutt, plaintiff,
vs..
Catherine V. Offutt and others, defend
ants.

In the Circuit Court for Montgomery county,
as Court Of Equity. No. 2l57 Equity.
THE object OF this suit is for the appoint
L meut Of a receiver and 10 procure the
specific performances Of the contract between
Katherine Seager Offutt and Luther NJ. Offutt,
deceased.
The bill states that Luther NJ. Offatt, late
OF Montgomery county, died on the thir-
tieIh day OF November, 10 the yea. nine
teen hundred and four, intestate, leaving the
said Katherine Seager Offutt, his widow,
and the following persons surviving him as
his only heirs at law and next Of kin: Three
sisters, Catharine V. Offatt, who resides in
the city Of Washington, in the District of
Counselman, who intermarried with William
g. Counselman, all of whom reside In this
county, and the following nepheWs and
nieces, the children of William s. 0ffutt,
brother Of said Luther NJ. 0ffutt, deceased
Clifford H. Ohntt, who intermarred with
Alverts 0Hutt, both Of whom reside 10 the
city OF Washington, In the District Of Column
bis; Reginald q. 0ffutt, who intermarried
with Lille O. ORutt, and Ara ]. o. Cover,
who interm4rried 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
NJ. Offutt, deceased Harry A. Fswsett, who
resides in the county OF Kings, in the State
of New York; Charles F. Fawsett, who In
termarried with Florence B. Fawsett, both
of whom reside in the county of Milwaukee,
In the State Of Wisconsin Harry o. Faw-
sett who intermarried with Matte W. Fsw-
sett, both of whom reside in the county OF
n ,,I nak - . L.. -
ard G. Fawsett who intermarried with Eliza
beth Fswsett William Fl. Fawsett, all of
whom reside in this county; Mary V. Faw-
sett, Laura J. Fawsett, Clifford c. Fawsett,
Florence Fawsett, Ethel NJ. Fawsett, Minnie
E F. Hodges, who intermarried with Frank
NJ. Hodges, all of whom reside in the city of
Washington, IN the District o! Columbia.
The children of Rachel II. Offutt, a sister OF
said Luther N Ofutt, deceased Nicholas
d. Ofutt, who intermarried with Elizabeth
II. Ohutt; Lee Offutt, who intermarried with
Mary L Ofutt, all Of whom reside In this
county, all Of whom are of full age except the
said Florence Fawsett and Ethel NJ. Fawsett,
who are iDfants under the age Of twenty one
years.
That administration 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 0ffutt, of
said county, who in virtue thereof has pos
sessed himsclf OF the personal estate of the
said Luther NJ Offutt.
That Lee 0futt is sled in his two-fold Ca
pacity of administrator of the goods aud
chattels Of said Luther NJ O6Futt, deceased,
and as one of the heirs at law of said Luther
NJ. Ofutt, deceased.
That said Luther NJ. 0ffutt had repeatedly
property If she would marry him, and in an
3wer 10 request from said Katherine Seager
Onutt that he should make his offer In writing
the said Luther NJ. OGutt, on the Goth day Of
June, A. d. 1901, wrote a latter to said Kath-
crime Seager 0ffutt. offering to settle his
property on her in any way she desired il she
would marry him.
That said Katherine Seager 0dutt, conid-
ing IN the undertaking aud promise 10 said
letter contained, married the said Luther NJ.
Ofutl on the 18th day of October, A. D.
1901.
That month and i've days after said mar
riage ceremony was performed, In execution
OF the promise by said Luther N, Offutt to
Katherine Seager Offutt, in said letter con-
they decided that said Luther NJ
Onutt should execute . last will aud tesla
ment, bequeathing and devisng all his o op.
erty TO said Katherine Seager Offun. That
said Katherine Seager 0futt procurel u form
OF will for that purpose, aud in her own
handwriting drew the paper As follows:
Great Falls, Montgomery County, Md.
/, Luther N. Offutt, here by bequeath to nv
wife, Katherine SeAger OF utt, all the pro-
perty, real and personal, of which may
die possessed also name the said Kathe-
rine Seager Odutl my execulrix without
bond
Signed:
LUTHER NJ. oFFUTT. Seal.
Nov. Goth, 1901.
That on tue twentieth day OF November,
in the year nineteen hundred aud one, the
said Luther NJ. Ofutt signed said paper, but
owing TO 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 O6utt, and was not entitled 10
probate as such
That said Luther NJ. Offutt died seized
aud possessed Of parts of tracts OF land called
william and James aud "Willaimsbo.
rough, containing one hundred aud ninety
si1 acres more or less, worth about fifteen
thousand dollars; and personal property
worth about twenty-five hundred dollars.
That the said Katherine Seager OfPutt has
performed all the requirements Of said agree.
ment on her part to be performed, but the
said heirs Of Luther N 0Hutt, deceased, re-
fuse to make conveyance OF the said property
TO the said Katherine SeageE 0ffutt as they
ought to do, and said administrator refuses to
perform said agreement aud declares he will
not recognize or carry out said contract
That Catherine V. Onutt, Clifford h
onutt, Alverta Ofutt, Mary v. Rawsett,
Laura J. Fawsett, Clifford @. Fawcett, Flor.
ence Fawsett, Ethel N. Fawcett, Minnie K
+. Hodges, Frank NJ. Hodges, Harry A. Faw-
sett, Charles +. Fawcett, Florence B. Faw-
sett. Harry D Fawsett and Matte W Faw.
sett are all non-residents OF the State OF
Maryland
1t is IhereupOn, this l4th day of March, In
the year nineteen hundred aud five, ordered
oy the Circuit Court of Montgomery county
IN Equity, that the plaintiff, by causing a
copy Of this order to be inserted in some
newspaper published in said Montgomery
county once in each Of four successive weeks
before the 18th day of April, in the year
1905, give notice to the said absent defend.
ants OF tae object and substance OF this bill,
warning them to appear in this Court, 10
person or by solicitor, on or before tbs 9Th
day OF May next, to show cause, If any they
nave, why decree ought not to be passed
as prayed
JOHN L. BRUNETT, CPk
Circuit Court for Montgomery county.
True cOpy-Test:
JOHN L. BRUNETT, Clk.
ROBERT B PETER,
mar l7-td Solicitor