The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1905-11-18
w. 7. wsrbuiOn and Henry A. wsrburion. Solicitors.
ORDER OF PUBLICATION
Marry NJ. Ka1sten, Adrian G. Karsten,
her husband, VS.. Margaret f. Nc
Cay, widow, ct. al.
In the Circuit Court for Cecil County
In equity No. 2593.

In the Circuit Court for Cecil County.
In equity No. BOB.
: The object of this bill is to procure a
decree for the sale of the real estate de-
scribed therein for the purposes of par
tition.
The bill alleges that heretofore the
complainant's filed their bill of complaint
in this Court against Margaret f. Me-
Cay, widow, and certain other persons
therein named, heirs mt law of Henry b.
McCay, deceased, praying among other
things, for the sale of certain real estate
and premises therein mentioned and de-
scribed, but that none of the defendants
have answered the said bill.
The bill further alleges that the COM
plainants have lately discovered that the
said original bill is defective in t!sat it
| charges that the said Henry B. McCay,
| deceased, only held life estate therein,
| when in fact he had fee simple therein,
and in other respects. and they now
| charge by way of amendment to their
aforesaid bill.
FirSt-That Il certain Henry B. Nc
Cay, late of Cecil county, aforesaid, de-
ceased, was in his life time seized and
possessed of a certain farm or tract of
land situate in Cecil county aforesaid,
and particularly described in deed
from w. Newton McCay to the said
Henry b. McCay, dated the 10th day Of
March, A. D., 1865, and recorded in Ii
Der III. II. T., No. 3. folio sos &C., one
of the Land Record Books for Cecil
County, aforesaid; saving and excepting
therefrOm small parcel thereof con-
tanning one and one-eighth acres of land
more or less, which was conveyed by the
said Henry b. McCay and wife to Annie
Il. Deaver by deed dated the 4th day OF
September, in the year 1877, and now on
record in Liber \. w. NJ, No. Z, folio
26 Nc, another of said Land Record
Books, all of which will more fully APP
pear by reference to certified copies of
said deeds marked respectively Exhibit
a." Exhibit 3D." and filed herewith .s
part of this bill.
The bill further alleges THAT the said
Henry Il. McCay being SO thereof seized
and possessed departed this life in the
month of August, \. d., 1905, intestate,
| and leaving Margaret +. McCay, his
widow, and the following children and
grandchildren. namely:-Montana Pearl
McCay and John McCay, infants under
twenty-one years of age, children of
John J. McCay, deceased, son of the in
teState, whose widow is Bertha McCay,
Caroline W. Beaziey, ncc McCay), wife
of Charles Beazley. Nellie Warren, (nee
McCay), wife Of benjamin b. Warren,
Henry b. McCay, whose wife is Irene
McCay, George +. McCay, whose wife
is McCay, Emily G. Shure, whose
husband is George Shure, Louisa S.
McCuy, Isabella +. McCay, and the
complainant Mary NJ. Karsten, (nee Nc
CHyl, Whose husband i>s Adrian G.. Kars-
ten, Chat all of said persons except the
fist manned are children of the inteState,
and the two first named, namely, Mon
tana Pearl McCay and John McCay
grandchildren of the interstate, and in
fantS under the age of twenty-one years.
his only heirs ut law surviving him to
whom said real estate descended and in
whom it vested subjected to the dover
interest of the said Margaret +. McCay,
his widow therein.
The bill further alleges that the said
Margaret +. McCay, widow, Nellie War
rem, Benjamin Il. Warren, her husband,
Emily G.. Shure, George Shure, her hus-
band, Louisa $. McCWy and Isabella f.
McCay, all reside in Cecil county afore-
said that Montana Pearl McCay, John
McCay, infants, Bertha McCay, Henry
b. McCay, Irene McCay, his wife, all
reside in the State of Montana or else
where beyond the jurisdiction of this
Court; that Caroline Beazey, Charles
Beazlcy, George p. McCay and
McCay. his wife, all reside in the State
of Illinois, or elsewhere beyond the juTis-
diction of this Court.
The bill further alleges that the said
real estate is not susceptible of division
among the parties interested therein
without loss and injury and that it would
be to the benefit and advantage of all
the parties in interest to have the said
real estate sold and the proceeds of such
sale divided among the parties to said
cause, according to their respective inter
es1ts therein but that "a sale thereof can
not be had without the aid of the Court.
The bill asks for the sale of said real
estate under a decree of this Court, and
that the proceeds arising from the sale
thereof be distributed among the parties
in interest according to their respective
rights and for such further and other re-
lief as the case may require.
1t is thereupon this 10th day of No
vember, nineteen hundred and FIVE, order
ed by the Circuit Court of Cecil County,
in Equity, that the plaintiffs by caus-
ing copy of this order to be inserted in
| some newspaper published in said Cecil
county. once Il week for four successive
weeks before the 18th day Of December,
| next, give notice to the said absent de-
PENDANTS, of the object and substance Of
this bill warning them to appear in this
Court in person or by solicitor, on or be-
fore the second day of January, next, to
show cause, if any they have, why de-
cree ought not to be PASSED as prayed.
MANLY DRENNEN, Clerk.
True Copy-Test
MANLY DRENNEN, Clerk.
Nov 1S-4ts