The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1906-06-02
w. T. WARBURTOH and HENRY A.
WARBURTON, Solicitors
Order of Publication
Mary N. Karsten. Adrian {. Karsien, her
Husband
VS..
Margaret P. MeCay. Widow. ct al.
In the Circuit Court for Cecil County. In
Equity, No. 1898
Margaret P. McCay, Widow. ct al.

The object of his hill Is to procure decree
ior the sale of the real e'tate described
therein for the nurpOSe of partition
The bill alleges that heretofore the com
painants filed their original and amended
bills of complaint in this Court against Mar
garPt F. McCav. widow, and certain OF er
persons therein named heirS-at-law of Henry
McCay. deceased. praying among other
things for the sale of certain real estate and
premises therein mentioned and described.
The bill further alleges that the com plain
ants have lately discovered that the said
amended hill Is defective in that 1t alleges
that certain Henry b. McCav. late OF Cecil
county. aforesaid deceased, vas in his life
time .eized and possessed OF a certain farm
or tract of land situated in Cecil county
aforesaid, and particularly described in a
deed from W. Newton. NcCav to the said
Henry b. McCay, dated the tenth dav of
March. 1865, and recorded in Liber IL. r T.
No 3 Folio 5nS. etc one of the Land Record
Books for Cecl county af resaid saving and
excepting thercfrom a small parcel thereof
containing one ard one-eighth acres of land
more or less. which was conveyed bv the
said Henry X. McCav and wife to Annie f.
Deaver. by deed dated the fourth day of
September; in the year 1877, and now of
record in Liber A W. NJ. No -. Folio 28l
etc another of said Land Record Books all
of which will more fully and al large appear
by reference to certified copies of said deeds
and Exhibit "R"; that since the filing of aid
amended bin of complaint. the com plain
ants have discovered that the said Henry B.
Mc"ay. deceased. by his deed dated January
No. ]. Folio 100, etc one of the Land Record
Books for Cecil county aforesaid. did convey
said real estate described in said deed
excepting the reservations herein men.
toned to his children as follOws'-John j.
McCay. Mary NJ. McCav, Caroline r. Mcr'av
tlma McCav. Henry b. McCay. George p,
McCav. Emily q. Mcfav. ouiSa =. McCav
Isabel F. Mc'ay and Ella V. McCay and at
he time of maklr Z and executing said deed
the said Henry b. McCay. deceased. was
seized of said real estate ~ fee simple: tina,
al the time of making said deed the said
Henry h. McCav was married and his widow
Margaret p. McCav. who is sin living has n
dover interest in said real estate.
The bill further alleges that he real estate
above mentioned. consists OF farm or tract
of land situated in Cecil county aforesaid,
and narticula " described in a decd rom
W. Newton McCay to the said Henry B.
McCay. dated the tenth dav OF March 1878
and recorded in liber ". Il T.. No 3 Folio
5S ste. one OF the and Record Books Tor
Cecil county aforesaid. saving and eXccp' ing
theretrom small parcel thereof containing
enc and one-eighth acres Of land. more or
b McCaY and wife to Annie f.. Deaver by
their deed dated tn" fourth day of Srptem.
tenn in the year 1877. and now of record in
Iiber \. w. NJ. No Folio nj, etc. another
of said Land Record Rocks. ali Of which will
more fully and ut large appear nv reference
to certified copies of said deeds filed as part
of this bill.
The bill further alleges that the said Henry
Il. McCav being seized of said real estate in
fee simnlc. did on the eleventh day of Jan
uarv. 1881. convex said real estate to his
children as follows John ]. Me 'av. Mary
McCav. Caroline b. McCav. Elma McCav:
Henry McCay George p. McCav. EmilyG
McCav. Louisa =. Ncrav. isabel r. ci 'av
and Ella V. NcEay, all of which vii! appear
from certified copy of said deed.
Tn hin further alleges that the said John
j. McCay, one of tn" grantees is dead
leaving "A widow. Bertha McCay and two
chi 'dren, namely. Montana Pearl McCay
and Jonn Mcrav, infants under twenty-one
years of age that the com plainant Mary NJ.
karSten, nee Nrtay, i married and her
husband is Adrian G Knrsten; that Elma
McCav. one of the grantees In said deed
died without issue. and unmarried: that
Henry Il. McCaN i married and his wife is
Alice McCav: that Emily q Shure. nee
McCay, + married. and her hnshand is
George VI. Shure; that Louisa :. NcCaN and
Isabel +. Nctnv are unmarried; that Ella
V. Warren, nee MctaN. Is married and her
husband is Benjamin II Warren; that caro-.
line 4. BeaZley, nee Nc"nv. IS married and
her husband is Charles BeazIey.
The hill urther alleges that the said Mar.
deceased, Ella V. Warren and Benjamin b.
Warren her husband. Emily 6. Shure. Geo.
N. Shure her husband. Louisa - McCay aud
Isabel f. Mct'ay. all of whom are adults,
reside in Cecil county afOreSald: that Mon
tana Pearl McCay and John McCay. infants
Henry b. McCay and Irene McCav, his wife.
all reside in the state of Montana, or else
where beyond the jurisdiction of this Court;
that Caroline b. Beazley, Charles Beazley,
her husband, George =. McCay and Alice
Nc aE, ms WI e, All reside IN the state of
Illinois. or elsewhere beyond the jurisdiction
of this Court.
The Bill further alleges that the said real
estate IS not susceptible of division among
the parties interested therein wit hout loss
and injury, and that II would he to [ he 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 thereto according to their respective
interest therein. hut that y sale thereof
cannot he had without the aid of this court
The Bin asks for the sale Of said real estate
under decree of this court, and that the
proceeds arising from the sale thereof he
distributed among the parties in interest
according to their respective rights and for
such further relief as the case may require
II Is thereupOn this eighteenth day of Nav
nineteen hundred and six. ordered by the
Circuit Court of Ceci County, in Equity,
that the Plaintiffs by causing a copy of this
Order to he inserted in some newspaper
published in said Cecl county. once week ,
for four successive weeks before the seven
teenth day of lune. next, give notice to the
said absent DEFENDANTS of the object and
substance of this Bill 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 be passed as prayed.
MANLY DRENNEN, Clerk.
True Copy-Test:
MANLY DRENNEN, Clerk.
5-lg4t