The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1906-05-26
George A. Blake. Solicitor for Plaintiff
ORDER OF PUBLICATION
ELSIE M. SMITH, Pisiatit
vs..
Carrie M. Smith, John W. Sniff. Charles ". Smith
and Emily /. Smith, Defendants.
In The Circuit Court Tor Cecil County,
In Equity. No. 2o40.

The object of this suit is to procure n decree
for tine ale OF certain real estate. situated In
the town OF E.lkton, In Cecil Count in the
State of Ma ylaud. whereof Peter Milhurn
ate OF said town. died seized and possessed
for partition amongst the persons entitled
thereto The bill states:
That the said Peter Milburn was in his
III time seized and possessed of lot ot
land. with Improvements thereon. situated
f. said town. which Was conveyed unto him
b\ Jacob Rambo and wife. bE their deed
dated October the Sth. 1865, and recOrde d
among the baud record books OF "a id comfy
in I.iber H. X r. No. ;, Folio 5iO elc as will
more fully al pear hy Tete renee to a terti flied
co{E thereof filed as an exhibit with Ssid
bill. ana that being so seized. departed that's
life some time in the year l!U2 having made
hi. last VIII an t"Stamen /" Writing duly
cI ecuted so a to pass req estate. and bear la
date on the 18th day OF March In the year
lbS1, and which was on the Eth day of Nc
cemh her, In the year 1902, duv admitted Ia
probate by the orphans Court for said
| county. and Is now OF record among the Will
record books of said county In Llber X
Volume Is, Folio l27, etc. as appears by n
certified copy thereof, filed a. an exhibit
with said bill, wherein and whereby. after
directing hat his debts and funeral charges
should be paid, he devised and bequcathed
unto his wife, Rachel Rebpcca MilburI
during her natural life, all of his estate to h
real and personal, and after her death to his
daughter Rchecca Il. Smith, during her
natural life, and from and after her deceaSe
| 90 The children of the said Rcbe ca K Smitl
ana lld appoint MS SAID VIE to be the sole
eXpcutriN OF said VIII.
That the said Rebecca Il. Smtt h de parted
this life prior to the death of the Said tesla.
tor, leaving surviving her as her only chill.
dren and heirs.at.law, William r. Smith
Elsie M. Smith the plaintiff Carrie NJ
Smith, John W. Smith and Emily |. Smith
g. That the said Rachel Rebecca Miburn
departed this life in the year l!W5.
4. That the said chldrenofthe said Rebecca
r. Smith are all living except the said VIM
death of the said Peter Milburn, tnteState
unmarried and without issue.
5. That the said real estate cannot he
divided without loss or injury to the parties
interested therein.
& That the PLAINTIFF, Elsie VI. Smith and
the said Carrie NJ. Smith are adults, over
twentN-one years OF age, and the said John
W. Smith, Charles w. Smith and Emily |
Smith are infants under twenty-one years
of age.
T. That the said John w. Smith resides I'm
Cecil county aforesaid, and the said Carrie
NJ. Smith in New York CITY, i'm the State OF
New York, and the said Charles W. Smith
and Emily |. smith in the State of New
Jersey, and the plantitl in the State OF
PENNSYLVANIA or elsewhere beyond the
jurisdiction of said court
The bill prayS that the defendants may
answer the premises and that decree may
be passed by said Court for a sale OF the said
real es ateand 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 Nav
in the year 1906 adiudged and ordered that
the plaintiff by causing a copy OF this ordrr
to be inserted in some newspaper published
in said county, once in each of four sue
cessive weeks before the 18th day of June
next, give notice to said absent defenda MT
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, II any they
have. why decree ought not to pass as
prayed.
MANLY DRENNEN,
True Copy-Test: Clerk
MANLY DRENNEN,
6l9-5t Clerk