Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1906-12-07

shey, Ezra D. Hershey and Amanda
Hershey, his wife; Christians 8.
Cravens, Isaac Hershey, Virginia
Hershey, Ora Hershey, Barbara Clark
and Frank Clark, her husband ;
Luther Hershey and Phrona Her
shey, his wife /; Scot Hershey and
Alice Hershey, his wife John Her.
shey and Maggie Hershey, his wife
William McClelland. Jennie Helms
and William Helms, her husband
Josephus Behel, William Behel, Ray
Behel.
TVHE OBJECT of this suit is to procure q
Il decree for the sale of parcel of land,
situate in the County of Montgomery and
State of Maryland, containing two hundred
and fourteen and one-fourth acres of land.
more or less, which is described in a deed
from Christian R. Hershey and Others to Ly.
liza IS Ha IN 81 afa lated =. I'll ~
October IN H 7eaF 1865, and recorded
2mcug tie Land Rsootdg VI SAID Nostgcru-
Cry Ccrrty, ia Liaer B. No. z, fsissl
84l, &c, ~ order ths @ proceeds OF sueb
sale Hsay be disitihu swoGe ae partiss q
this cause accotdo g oHa,r svorsl lnteres.s
therein.
The Bill allegee in substance as fa4ows,
viz:
l. That about the year 1863, LYDIA A.
Hershey, Ohristiana Hershey and katherine
X. Hershey became and were seized and pos
sessed in fee simple in equal portions as ten
ants in common Of parcel OF lend situate in
the County Of Montgomery and State of Ma
ryland, containing 2l43 acres of land, more
or less, which is particularly described in q
deed to them from Christian R. Hershey and
others, dated the 4th day of October, A. D.
1869, and recorded among the Land Records
Of said Montgomery County, in Liber e. B..
p, No. 7, folios 24l, &c which is herewith
filed as part hereof and marked exhibit
No. l."
2. That the said Lydia A. Hershey, being
so as aforesaid seized and possessed Of an un-
divided third part of said land, departed this
life about the goth day of October, A. d.
1895, intestate and without ever having been
married, leaving her surviving as her only
heirs-at-law, her sisters, Susan A. D. EN-,
inert, and the said Christiana Hershey and
Katherine E. Hershey, and her brothers,
Christian r. Hershey and David N. Hershey,
and the following nephews and nieces, the
children OF Magdalene Hershey, a sister of the
said Lydia A. Hershey, who died about the
18th day of September, A. D. 1852, viz: the
defendant Ezra D. Hershey, who intermarried
defendant Christisna s. Cravens, who is
widow; the defendant Isaac Hershey, who ID
a widower; and a certain Josephus Hershey.
3. That the said Christiana Hershey, being
seized as aforesaid of an undivided one-third
part of said land, and also of an undivided
one-eighteenth part of said land inherited BY
her as aforesaid from her sister, Lydia A.
Hershey, departed this Ii fe on or about the
26th day Of July. A. D. 1898, intestate, and
without ever having been married, leaving
her surviving as her only heirs-at-law, her
sisters, Susan A. D. Emmert and Katherine
E. Hershey and her brothers Christian R.
Hershey and David N. Hershey. and the fol-
lowing nephews and nieces, the children of
her deceased sister Magdalene Hershey, viz
the said Ezra D. Hershey, Christiana s. Ora
vens, Isaac Hershey and Josephus Hershey,
4. That the said Josephus Hershey departed
this life on or about the month of August, A,
d. 1898, intestate, seized and possessed of an
undivided one-thirtieth part of said real es-
tate which he had acquired by inherita nee
from the said Lydia A. and Christiana Her-
shey as aforesaid, leaving him surviving his
widow, the defendant, Virginia Hershey, and
the following children, viz the defendants,
Ora Hershey, Barbara Clark, who intermar-
ried with the defendant Frank Clark Luz
ther Hershey, who intermarried with the de-
PENDANT Phrons Hershey; Scot Hershey,
who intermarried with the defendant Alice
Hershey; John Hershey, who intermarried
with the defendant Maggie Hershey; and
Elizabeth McClelland, who intermarred with
the defendant William McClelland.
8 That the said Elizabeth McClelland :,
having first intermarried with Edward Behel,
who died in the month of July, 1899, depart
ed this life on or about the LIST day Of April,
A. d. 1906, intestate, leaving her surviving
her husband, William McClelland, and the
following named children, her only heirs
at-law, viz the defendant Jennie Helms,
who married the defendant William Helms !;
and the defendants Josephus Behel, William
Bethel and Ray Behel.
6. That the said Susan A. d. Emmert, be-
ing seized and possessed of an undivided two
fifteenths interest in said land acquired by
her by Inheritance from her sisters Lydia A.
and Christiana Hershey, departed this life
on or about the 3lst day of January, A. D.
1901, intestate, leaving her surviving the
plaintiff, Isaac N Emmert, and the defeu-
dants Michael T. Emmert and Annie C.
Thomas, her only children and heirs-at-law.
Z. That the said Katherine E. Hershey, be-
ing seized and possessed as aforesaid Of said
undivided one-third part of said land, and
also of an undivided one-eighteenth part
thereof which she acquired by inheritance
from her sister Lydia A. Hershey as aforesaid /,
and also OF an undivided seven-nin etieths part
thereof which she acquired by Inheritance
from her sister Christiana Hershey, departed
this life leaving as her only heirs-at-law, her
brothers, Christian R. Hershey and David
N. Hershey and the plaintiff Isaac N. En-
inert and the defendants Michael T. Emmert
and Annie O. Thomas, the children of the said
Susan A. D. Emmert; and the defendants,
Ezra d. Hershey, Christiana S. Cravens and
Isaac Hershey, the then surviving children of
the said MaQdalene Herahev
That the said Katherine E. Hershey left
last will and testament which, as your
orator is advised, does not in any way dis
pose of her interest in said land, but out of
an abundance Of caution your orator files
herewith as part hereof certified copy of
said will, which is marked exhibit No, g."
g. That the said Christian R. Hershey. be-
ing seized and possessed of an undivided
one-fourth part Of said land, which he had
inherited from his sisters as aforesaid, de-
parted this life on the 9th day of October.
A. d. 1905, leaving a last will and testament
by which he devised his said interest in said
land to the defendant David R. Hershey. as
will appear by reference to duly certified
copy of said will and the order OF the Or
phans' Court Of Montgomery county admit
ting the same 10 probate, which is herewith
filed as part hereof and marked "Exhibit
No. 81
10. That the said David N. Hershey, being
seized and possessed of an undivided one.
fourth part of said land, acquired by iuheri-
lance from his sisters as aforesaid, departed
this life on or about the 9th day of Febru-
ary, A. D. 1908, leaving last will and test
ament by which he devised his said interest
in said land to the defendants Ella l.. Her
shey, Cornelia A. Hershey, Davidella Her
shey, May @. Harshey, Grace H. Hershey.
David N. Hershey and Florence F. Hershey.
as will more fully appear by reference to a
duly certified copy of said will and the order
OF Court admitting the same TO probate here
with filed as part hereof and marked "Ex-
hibit No. A"
IL That the plaintiff, Isaac N. Emmert.
and the defendants Michael T. Emmert and
ARnie G. Thomas are each seized and possessed
Of an undivided one twelfth part OF said land !:
the defendant David R. Hershey is seized and
possessed Of an undivided one-fourth part of