The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1912-12-21

| IN Equity NO. 3uol Equity DOCKET,
| The object of this suit Is to procure a
decree for the sale of certain real estate
situate in Cecil county, in the State OF
Maryls nd, whereof Bernard Beste died
| seized and possessed, and which was, in
and by his last will and testament, le-
vised in trust for certain uses and pur-
poses in said will mentioned.
| The Bill states as follows:
1.-That Bernard Beste, late of the
City of Wilmington, New Castle county,
in the State of Delaware died in Febru-
airy, 1910, after having made his last will
and testament in writing, which was duly
admitted to probate by the Orphans
Court for New Castle county aforesaid,
a duly certified copy Of said will is filed
as part of the bill of complaint, marked
Exhibit AZ.
| 2.-That the complainant is the widow
| Of the said Bernard Beste and that she,
| together with testator's daughter, Name
| Beste, are named as the executives of
said WILL and that they duly qualified as
such and discharged the duties of their
said office, and have rendered a final ac-
count as such executives to the Orphans
| Court for New Castle county, in which
| they show that they have paid all the just
debts due by the testator, as well as the
legacies directed to be paid in said will.
! 3-That the said testator at the time
| OF his death was seized and possessed of
| two tracts or parcels of land, situate in
| the Third Election District of Cecil
county aforesaid, containing three hun
| dred and thirty-siX acres of land, more
| or less. excepting therefrom a small por-
| ton thereof which was conveyed by the
| testator to Marian II. Brown a full and
particular description of said real estate
being filed with said bill of complaint.
THE said testator, by the 5th Para
graph of his said will, directed that as
| soon as the executors thereof had paid
all his just debts and the legacies pro-
| vided for therein and stated an account
| to the said Orphans Court for New Castle
county, showing that said debts and lega-
| cies were paid, that his widow, Mary
| Beste, should be and was thereby consti-
| tuted sole trustee of the rest, residue ana
| remainder of his estate, for herself and
for her six children, namely: Bernard
| Gertrude, Vincent, Gabrielle, Cecilia and
Hugo Beste, and provided taac the said
Mary Beste have the use, income and
control of said residue and remainder OF
! his estate, in lieu of all dover interest
she might have in his estate so long as
she remained unmarried etc. The bill
! charges that the above mentioned real
estate is part of the residue and remain
der of testator's estate.
5-That the said Bernard Peste left
surviving him your oratrix, Mary Beste,
: his widow and the following named child
: rem: Name Beste, Emma Beste, Lulu
= Beste, Nellie Beste Biermann, wife of
! John Biermann, Bernard Beste, Jr., whose
y wife is Mary Beste, Gertrude Beste,- all
>of whom are over twenty one years of
- age, and Vincent Beste, Gabrielle Beste,
Y Cecilia Beste, and Hugo Beste, all of
whom are infants under twenty one years
nd nf 10
Il county, in the State of Delaware, who
A'are his only children, devisees, legatees
and heirs at law.
6-That the complainant, who is the
widow of the said testator and also trus-
II, tee OF said testatOr's residuary estate, as
such trustee has already entered upon her
N duties as such and taken possession of
Z and been administering said trust, and
4 that b ythe terms of said will she is en-
titled to receive, use and control the in
icc:.:o from the said res. due in lieu of her
dover interest in the above mentioned
real estate, for and during her natural
life, or until she remarries.
THAT the plaintiff is a resident OF
- the City of Wilmington, New Castle
county, aforesaid, and is still the widow
of the testator and her own interests, as
widow and those of her children, whose
n trustee she is, by virtue of said will
a place, tor which reason she is unable to
&c devote the time and attention to the care
and management of the above mentioned
farm or tract of land so as to make them
ia paying investments, and she is not 9
M farmer and is not familiar with or skill
: ed in that vocation, and as a result
IL thereof the income arising therefrom is
unstable and unsatisfactory, and that II
70 would be to the benefit and advantage OF
)t all the parties in interest to have said
:. real estate sold under a decree of this
Court and the proceeds of sale invested
U so as to nure in like manner as in sale
"a last will and testament is provided.
S-The bill then prays that the real
ESTATE may be sold free. clear and dis
& charged of all the rights, interests and
estate of all the parties interested there
in under decree of this Court, and that
y. the same may be decreed to be sold and
y the proceeds of sale invested so as to in
q ure in like manner as by said will direct
VI ed, etc, and that the plaintiff may have
y such further and other relief as the case
may require
1t is thereupon adjudged and ordered
that the plaintiff, by causing a copy o
this order to be inserted in some news
paper published at Cecil county aforesaid
once a week for four successive weeks
before the 10Th day of December next
give notice to the said absent defendant
of the object and substance of this bill
and warn them to appear in this Court II
: person or by solicitor on or before the
l4tb day Of January next, to answer the
premises and show cause, if any the,
have why a decree ought nto to pass al
prayed.