The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1906-05-19
George A. Blake. Solicitor for Plaintiff
George A. Blake. Solicitor for Plaintiff
ORDER OF PUBLICATION
ELSIE M. SMITH, Plaintiff.
Carrie M. Smith. John W. Smith, Charles ". Smith
and Emily |. Smith, Defendants.
In the Circuit Court for Cecil Csacty,
In Equity, No. 2641

| THE object of this suit is to procure decree
for the ale of certain real estate. situated IN
| the town Of Eikton. in cecil Count in the
| state of Maryland whereof Peter Milhurn
late of SAID town. died seized and posses ed
for PARTITION amongst the persons entitled
| thereto The bill states:
| That the said Peter Milburu was in his
tte time seized and possessed of a lot al
land with improvements thereon. Situated
| I said town. which Was conveyed unto him
| hN Jacob Rambo ana wife, 10y their deed
dated October the 9th, 1868, and recorded
| among the land record books of said county
| in Liber H. K. T. No. 3, Folio $50. etc, as will
| more fully az pear by reference to certified
| copy thereof flied as an exhibit with said
bin, and that being SO seized, departed this
| life some time in the year 1902, having made
| hie last will and testament in writing, duly
| executed SOas to pass req estate and bearing
| date on the l1th day OF March III the year
| i-S7, aud which was on the eth dav of De
! "euner, IL the year 1907. duIv admitted to
| probate by the Orphans Court for said
| county. and Is noW OF record among the WI
| record books of said county in Ilber X,
Volume Is, Folio ~. ETC.. as appears by Al
| certified copy thereof filed an exhibit
| with said bill, wherein and whereby. after
directing hat his debts and funeral charges
| should be paid, he devised and bequeathed
during her natural life. all of hts estate bo, h
| real and personal, and after her death to his
daughter Rebeeca X. Smith, during her
natural life, and from and after her decease,
| TO he children OK the said Rebecca smith
and did appoint his said wife to be the sole
eXecutriX of said Will.
. That the said Rebecea Y. Smith depa ri ed
| ths life prior to the death of the said tesla.
| lOr, leaving surviving her as her only chill
dren and heirs.at law, William =. Smith,
| Elsie NJ. Smith the plaintiff, Carrie VI.
| Smith, John w. Smith and Emily |. Smith
3. That the said Rachel Rebecca Milburn
departed this life in the year 1905.
| 4. That the said chidren of the said Rebecca
| Il. Smith are all living except the said Wm
p. Smith, who departed this life prior to the
death OF the said Peter Milburn, intestate
unmarried and without issue.
S. That the said real estate cannot be
divided without loss or injury to the parties
interested therein.
That the plaintiff, Elsie NJ Smith and
twenty-one years of age, and the said John
W. Smith, Charles w. Smith and Emily l.
Smith are infants under twenty one years
| of age.
7. That the said John w. Smith resides I'm
Cecil county aforesaid, and the said Carrie
NJ. smith in New York city. in the state of
New York ana tue said harles ". Smith
and Emily l. smith in the state of New
Jersey, and the plaintiff in 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
| he passed by said Court for sale of the snid
real es ate and distribution OF the proceeds
OF sale among the said parties, according to
their respective interests therein and for
further or other relief
1t is thereupon this eighteenth day of May
in the year 1906, adjudged aud ordered that
the plaintiff, by causing copy of this order
to be inserted in some newspaper published
in said county, once In each of four sue
cessive weeks before the Eth day of June
next, give notice to 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 pass as
prayed.
MANLY DRENNEN,
True Copy-Test Clerk
MANLY DRENNEN,
6l95t Clerk.