The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1906-05-26
w. T. WARBURTOa and HENRY a.
WARBURTON, Solicitors
Order of Publication
Mary n. Kafsten. Adrian c. Karsien. her
Husband
VS..
Margaret P. MeCay. Widow. ef al.
In the Circuit Court for Cecil County. In
Equity, No. 1898

The object OF This hill is to procure decree
| for the sale of the real e tate described
therein for the purpose OF partition
he BIN alleges that heretofore the com
painants tileo their original and amended
bills OF com paint in this Court against Mar
Hartt 4. McCay, WIDOW, and certain other
persons therein Lamed heirs-at-law of Henry
b. 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 bin is defective in that 1t alleges
| that a certain Henry b. Mecca, late of Cecil
county, aforesaid deceased, as in his life
| time eiZed and possesse of a certain farm
or tract of land situated in Cecil county
aforesaid and particularly described in
| Henry B McCay, dated the tenth day of
March, 1865, aud recorded IN Liber II. X I.
| NO 3 Folio 5lA, etc one OF the and Record
Books for Cecl county af resaid, saving and
excepting thereirom small parcel thereof,
| attaining one l. one-eighth acres of land
more or less, which was conveyed by the
| said Henry X. McCay and wife to Annie f..
| Beaver by deed dated the four h day of
| September in the year 1877, and now of
| record in Liber A. W. M, o. -, Folio 26l,
| etc another of said Land Record Books all
OF which will more fully and at large appear
! by reference to certified copies of said deeds
hIed In said cause, and marked Exhibit "a
| and EX hibit "B'; that since the fiiing of said
amended bill of com plant. the complain
| ants have discovered that the said Henry b.
| Nc ay. deceased, by his deed dated January
| llln, lhSl anu recorded IN l.lDtr j. a. D.,
NO. l. Folio 400, etc, one of the Land Record
| BOOKS for Cecil county aforesaid, did convey
said real estat- described in said deed
| excepting I he reservations herein men.
toned TO his children MS fotlowS:-John ].
| McNay, May NJ. McCay, aroiine b McCav,
klma McCay, Henry X. McCay, George r.
| McCay, Emily q MctaN, Louisa =. McCav,
| lsabe! +. NC ay and Ella Y. McCay, and at
| the ttfne of maxim and executing SAID deed
| the said Henry Il Mctay. deceased, vas
| SEIZED OF said real estate H. fee simple that
|
| Henry +. McCar was nIxrr ed and his widow
| Margaret +. McCay, who is sin living, has a
dover Interest in said real estate.
| The bill luther a eges thai the real estate
| above mentioned, consists OF a la III or tract
| OF and situated in cecil county aforesaid,
| and particula ly described in IA uetd rom
| W. Newton McCay to the said Henry h.
| McCay, dated the tenth day of March. 1896,
ana recorded in Liber II. K r.. No. 3, Folio
| 5OS. etc, one of the and Record Books Tor
| Cecil county aforesaid, saw ing and eXcep ing
| therefrom small parcel thereof containing
| one aud one-cighth acres OF land, more or
| less, which was conveyed by the said Henry
| Il McCay and vile to Annie r.. beaver by
| their deed dated the fourth day OF Septem.
tenn in the year ls77. and now of record in
| of said Land Record Rocks all OF which will
| more fully ana a large appear by reference
to certified copies of said deeds lied as part
| The bin further alleges that the said Henry
| Is. McCay being seized of said real estate in
| Zee simple. did on the eleventh day OF Jan
| children AS follows John j. Me a,, Mary
NJ. McCHy, Caroline b. McCay, Elma McCay;
Henry u McCaS George p. McCay, Emily u
| Mctay Louisa =. McCay. Isaoel r.. cCay
and Ella V. V ct ay, all of " hich Will a ppeur
| from certified copy of said deed.
Th bin further alleges that the said John
j. McCaN, one Of the grantees, is dead
| leavi' = widow, Bert ha McCay and two
children, namely, Montana Pearl McCay
and Jonn Me. aN, infants under twenty-one
years OF age. that The com plain"nt Mary VI.
kHrStpn, nee Wet nv, Is married and her
| husband is Adrian karSten that Enra
McCay, one OF the grantees In said deed,
| died without ISSUE and unmarried; that
Henry Is. McIaS is married and his wife Is
| Alice McCay; that Emily q Shure, nee
McCay. il married, and her husband is
! George VI. Shurt: THAI Louisa :. McCay and
| Isabel +. MctaN are unmarried; that Ella
Y. Warren, nee McCayi IS married and her
husband is BenjaminB Warren; that caro-.
| line h. BeaZley, nee Me 'ay, $ nIarried and
her husband Is Charles BeaZley.
The bil fur Their alleges hat the said Mar.
garet =. ,McCay widow of Henry b. McCay,
Warren her husband Emily q. Shure, Geo.
N. Shure her husband, Louisa :. Mcray and
Isabel +. McCay, all of whom are adults,
reside In Cecil county aforesaid: that Mon
tana Pearl McCay and John McCay, infants,
Henry Il. Mctay and Irene McCav, his wife,
all reside in the state of Montana, or else
where beyond the Jurisdiction of this Court;
that Caroline Il. Beazley, Charles BeaZley
her husband, George p. McCay and Alice
McCay, his wi e, all reside in the State OF
Illinois, or elsewhere beyond the Jurisdiction
OF this Court
The BIZ further alleges that the said real
estate IS not susceptible OF division among
the parties interested therein without loss
ana injury, and that 1t would be 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, but that a sale thereof
cannot be had without the aid OF this Court
Ihe BIZ IA Ks for the sale of said real estate
under decree of this Court, anC that the
pl OceedS arising from the sale thereof be
distributed among the parties In interest
according to their respective rights and for
such further relief az the case may require
1t Is thereupon this elghteent Ii day of May
nineteen hundred and SIX, ordered by the
'ircut Court of Cecil County, in Equity,
that the PlaintitiS, by causing a copy OF this
order to he inserted In some newspaper
published in said Cecil county, once week
for four successive weeks before the seven
teenth day of June, next, give notice to the
aid 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 a decree
ought not to be passed as prayed.
MANLY DRENNEN, Clerk.
True Copy-Test:
MANLY DRENNEN, Clerk.