The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1906-06-02
George A. Blake. Solicitor for Plaintiff
ORDER OF PUBLICATION
ELSIE M. SMITH, Plaintiff,
Carrie NJ Smith. John W. Smith, Charles w. Smith
and Emily |. Smith, Defendants.
In the Circuit Court for Cecil County.
In Equity, No. 2640

The object of this suit Is to pro cure n decree
for the sale OF certain real estate. situated in
the town of Elkton. in Cecil Count in the
state of Maryland. whereof Peter Nilhurn
for partition amongst the persons entitled
thereto The hill states:
! That the said Peter Milhurn was in hi.
ife time seized and possessed of II 10, OF
land. with tmnrovementS thereon. Siluat ed
in said town. which was conveyed unto him
nv Jacob Rambo and wife. nv their deed
dated October the OH, 1875 and recorded
among the land record hooks or said county
in Liner II. r r No. 3. Folio $40 etc. as viii
more fully near by reference 10 n certified
COPY thereof filed as an exhibit with said
bin. and that being 50 SeiZed. dena rted this
life some time in the wear 1902 having made
his lost will AMI testament T. writing. duly
executed so az 10 Dass rea' estate. and hearing
date on the eth dav of March i'm the wear
1887, and which was on the Eth dav of De
cemher. in the wear 1902 dulv admitted 70
probate bv the Orphans Court for sa
county and Is now OF record among the Will
record books of said county in Ilber X,
Volume IL, Folio l27. etc. rs appears nv n
certified cnpv thereof, filed rs an exhibit
with said hill. wherein and Whereby. after
directing hat his debts ard funeral CHARGES
should be paid he devised and heuupat he'd
unto his wife, Rachel Rebecca Milburr
during her natural life al of his estate hoth
real and personal, and after her death TO his
daughter Rebecca r. Smith. during her
natural life. and from and after her decease.
to the children of the said Rehe"ca r Smith
and did appoint his said wife to be the sole
eXecutriN of said Will.
2 That the said Rebecca r. Smith depart ed
this life prior to the death of the said tesla.
tor. leaving surviving her ms her only chit
dren and heirs-at-law, William y. Smith
Elsie NJ. Smith the plaintiff. Carrie VI.
Smith. John w. Smith and Emily l. Smith
3. That the said Rachel Reberca Miburn
departed this life in the year 1905.
1. That the idchildren Oft the said Rebecca
r. Smith are all living except the said VIM.
N n y a. 10 fa A.,
death of the said Peter Miburn, intestate
unmarried and without issue.
s. That the said real estate cannot be
divided without loss or injury to the parties
interested therein.
6. That the plaintiff, Elsie NJ Smith and
the said Carrie NJ. Smith are adults. over
twenty-one wears of age. and the said John
w. Smith, Charles w Smith and Emily l.
smith are infants under twenty-one years
of age.
!. That the said John w smith resides in
Cecil county aforesaid, and the said Carrie
NJ. Smith in New York CITY. in the state of
New York, and the said Charles w. smith
and Emily |. smith in the State of New
Jersey, and the plaintiff i'm the State of
PENNSYLVANIA or elsewhere beyond the
jurisdiction of said Court
The bin prayS that the defendants NAV
answer the premises and that decree may
be passed by said Court for n sale of the said
real est q and n distribution of the proceeds
of sale among the said parties, according to
their respective interests therein, and 70.
further or other relief
1t is thereupon this eighteenth dav of MAY
in the year 1905, adiudgcd and ordered that
the plaintiff. by causing "A copy OF this order
to he inserted in some newspaper published
in said county, once in each of four sue
cessive weeks before the 18th dav of June
next, give notice to said absent defendants
of the object and substance of this bin
warning them to appear in this Court in
person or by solicitor. on or before the third
day of July next to show cause, If any they
have, why decree ought not to pass as
prayed.
MANLY DRENNEN,
True Copy-Test Clerk
MANLY DRENNEN,
6l9-5t Clerk