The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1912-12-14

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
Maryland. whereof Bernard Beste died
seized and possessed, and which was, In
and by his last will and testament, Ie-
vised in trust for certain uses and pur-
poses in said will mentioned.
The Bill states as follows:
THAT Bernard Beste, late of the
City of Wilmington, New Castle county,
in the State of Delaware, died in Febru-
airy, 1919, 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,
duly certified copy of said will is filed
as part of the bill of complaint, marked
Exhibit A."
c-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 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 we'll 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-sx acres of land more
or less. excepting therefrOm a small por-
ton thereof which was conveyed by the
testator to Marian H. Brown, a full and
particular description of said real estate
being filed with said bill of complaint
1.-THE said testator, by the Sth 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 taar 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
| wife is Mary Beste, Gertrude Beste, all
| of whom are over twenty one years of
| age, and Vincent Beste, Gabrielle Beste,
Cecilia Beste, and Hugo Beste, all of
whom are infants under twenty-one years
| of age, and residents of New Castle
| county in the State of Delaware, who
are his only children, devisees, legatees
| and heirs at law.
THAT the complainant, who is the
| widow of the said testator and also trus-
| tee of said testator's residuary estate as
such trustee has already entered upon her
| duties as such and taken possession of
and been administering said trust, and
| that ythe terms of said will she is en-
| titled to receive. use and control the in
come from the said residue 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
| trustee she is, by virtue of said will,
| compel her to remain domicied in that
| place, for which reason she is unable to
| devote the time and attention to the care
and management of the above mentioned
| farm or tract of land so as to make them
| paying investments, and she is not
farmer and is not familiar with or skill
| ed in that vocation, and as result
thereof the income arising therefrom Is
| unstable and unsatisfactory and that it
would be to the benefit and advantage of
all the parties in interest to have said
| real estate sold under a decree of this
| Court and the proceeds of sale invested
| so as to inure in like manner as in said
| 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
| the same may be decreed to be sold and
| the proceeds of sale invested so as to in
ure in like manner as by said will direct
| ed, etc, and that the plaintiff may have
| such further and other relief as the case
| may require
1t is thereupon adjudged and ordered
| that the plaintiff, by causing a copy of
! this order to be inserted in some news
| paper published at Cecil county aforesaid
once a week for four successive weeks
| before the 18th 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 in
| person OF by solicitor on or before the
| 14th day OF January next. to answer the
| premises and show cause If any they
| have why decree ought nto to pass as
prayed.
CECIL KIRK, Clerk.
| True COpy-Test:
CECIL KIRK, Clerk.