Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1906-12-14


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.
YIHE OBJECT of this suit is to procure
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 deed
from Christian R. Hershey and others to Ly-
da A. Hershey and Others, dated the 4th day
of October in the year 1869, and recorded
among the Land Records Of said Montgom-
cry County, in Liber e. B. p, No. 7, folios
24l, &C., in order that the proceeds of such
sale may be distributed among the parties to
this cause according to their several Interests
therein.
The Bill alleges in substance as follows,
viz:
/. That about the year 1869, Lydia A.
Hershey, Christiana Hershey and Katherine
K. Hershey became and were seized aud pos
Sessed in fee simple in equal portions as ten
ants in common Of a parcel of land situate in
the County Of Montgomery and State of Ma
ryland, containing 2l44 acres of land, more
or less, which is particularly described in
deed to them from Christian R. Hershey and
others, dated the 4th day of October, A. D.
1859, and recorded among the Land Records
Of said Montgomery County, in Liber e. B.
p, No. Z, folios 24l, &c which is herewith
fled as part hereof and marked "Exhibit
No. l."
O. That the said Lydia A. Hershey, beng
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
with the defendant Amanda Hershey; the
defendant Christians s. Cravens, who is q
widow /; the defendant Isaac Hershey, who Is
widower and certain Josephus Hershey.
8. 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 life on or about the
26th day of July, A. D. 1898, interstate, 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. Cra-
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-thirtierh part Of said real es-
tate which he had acquired by inheritance
| 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 Lu-
Their Hershey, who intermarried with the de-
PENDANT Phrona Hershey; Scot Hershey,
who intermarried with the defendant Alice
Hershey; John Hershey, who intermarried
with the defendant Maggie Hershey; and
Elizabeth McCleland, who intermarried with
the defendant William McClelland.
That the said Elizabeth McClelland
having first intermarried with Edward Bethel,
who died in the month Of July, 1899, depart
ed this life on OF about the LIST day Of April,
A. D. 1906, intestate leaving her surviving
her husband, William McOlelland, 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 Bethel, William
Bethel and Ray Bethel.
6. That the said Susan A. d. Emmert, be
ing seized and possessed of an undivided two
flfteenths interest in said land acquired by
her by inheritance from her sisters Lydia A.
and Christiana Hershey, departed this lif
on or about the 3lst day of January, A. D
1901, intestate, leaving her surviving the
plaintiff, Isaac N. Emmert, and the defen
dants Michael T. Emmert and Annie
Thomas, her only children aud heirs-at-law
Z. That the said Katherine Z. Hershey, be
ing seized and possessed as aforesaid OF sale
undivided one-third part of said land, ant
also of an undivided one-eighteenth par
thereof which she acquired by inheritance
from her sister Lydia A. Hershey as aforesaid
and also of an undivided seven-ninetieths par
thereof which she acquired by inheritance
from her sister Christiana Hershey, departed
this life leaving as her only heirs-at-law, hel
brothers, Christian R. Hershey and Davit
N. Hershey and the plaintiff Isaac N. En-
|
and Annie O. Thomas, the children of the sale
Susan A. D. Emmert; and the defendants
Ezra d. Hershey, Christiana S. Cravens ant
Isaac Hershey, the then surviving children o
the said Magdalene Hershey.
That the said Katherine E. Hershey left
last will and testament which, as you
orator is advised, does not in any way dis
pose of her interest in said land, but out o
an abundance of caution your orator files
hnra xxytN h II
said will, which is marked exhibit No g."
8. 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. 1908, leaving a last will and testament
by which he devised his said interest in sait
land to the defendant David r. Hershey, a
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 to probate, which is herewith
filed as part hereof and marked "Exhibi
No. g."
10. That the said David N. Hershey, beint
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
airy, A. D. 1908, leaving a last will and test.
ament by which he devised his said interes
in said land to the defendants Ella l.. Her
+ shey, Cornelia A. Hershey, Davidella Her
shey, May G. Harshey, Grace H. Hershey
David n Hershey and Florence F. Hershey
as will more fully appear by reference to
] duly certified copy OF said will and the orde
OF Court admitting the same to probate here
, with filed as part hereof and marked "Ex
hibit No 4 }"
IL. That the plaintiff, Isaac N. Emmert
and the defendants Michael T. Emmert an,
Annie G. Thomas are each seized and possesse,
Of an undivided one-twelfth part OF said land
! the defendant David R. Hershey is seized ant
possessed of an undivided one-fourth part O
said land; the defendants, Ella l.. Hershey
Cornelia A. Hershey, Davidella Hershey
May C Hershey, Grace II. Hershey, David N
Hershey and Florence +. Hershey are eacl