Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1912-10-25
ORDER or PUBLICATION.
In the Circuit Court for Charles CouD-
~, Mary land, No. 1000, Equity.


Daniel W. Willett. Plaintiff
vs..
John s. willott, John 7. Berry,
Robert l.. Lucas, Elsie Wenk. and
Henry Wenk her husband, Frances v.
Winkler and Lewis Winkler. her hus.
band, James A. Winkler, Martha S.
Winters. and George s. Winters, her
husband, Jennie Willett, NJ. Rosa will
lett, Bessie Roesoler and Kari T..
Roesoler, her husband, Frank Willett.
Ruth Willett, Hazen Willett, Marian
Willett, Claude NJ, Lucas and Annie
Lucas, his wife, Robert NJ. Thompson,
Ida NJ. Demar aud Norman Demar, her
husband, Virginia V. Thompson,
Richard E. Thompson, Maud Thomps n,
Mildred Thompson, Marian E. Wink.
Ter and James Il. Winkler, Defendants.
The object OF this suit is to procure
a decree for the sale Of certain real es-
tate In Charles County, Maryland, ia
which Daniel W Willett, John S. VII
lett. ct. al, have various interests, and
for the distribution Of the proceeds Of
sale among the parties to the said suit
as their several respective rights and
int rests may appear.
That Charles Henry willett, late OF
Charles County, deceased, was IN his
life time and at the time Of his
death, seised and possessed Of about
seven-eighth interests In the following
real estate situated in said Charles
County, that is to say:
A tract Of and situated In .he Sixth
Election District of Charles County
and known as .'Slaytef's Benefit, con
tanning sew nty Eve acres Of land. more
or less, being acquired by the said
Charles Henry Willett IN his. lifetime
by a deed from Daniel w. Willett,
dated, November, sth, 1890, and re-
corded among the Land Records Of
Charles County, in Liber Is. G., ). No
10, Folio. 421; duly certified copy Of
said deed being herew e. filed as part
hereof and marked plaintiffs Exhibit
AZ; and being the same land acquired
by the said Daniel W. Wiilett, from
:. uen-y vii EFT ct al, BY deed dated
the 18th day Of April, 1896, and duly
recorded among the Land Re, Orns
Of Charles County. in Liner j. S T.
No. s. Folio $50 ami duly certified
copy Of sid deed being filed in said
cause and marked plaintiffs
Exhibit BIZ
That the said Charles Henry Willett,
being seized and possessed OF the real
estate as aforesaid, departed this life
about the first day of August, 1909 un-
married, and leaving last will and
testament, wherein he gives and devises
to said Dabiel W. Willett all his Inter-
est In the tract or parcel Of land here
In men i"ned and described; said will
having been duly admitted to probate
in tn Orphans Court for Charles
COUNTY, aud duly certified copy of
sail will being fled in this cause and
marked plaintiffs Exhibit CO.; that
John S. Willest owns about one-eighth
interest, is an adult, and resides at this
time in Cedar Rapids in the State OF
Iowa; that Martha S. Winters, who in
lermarried with George S. Winters,
holds an interest in said real estate,
both adults and residing in Prince
Georges County, Nd; that John T
Berry holds an interest of curtesy
being the surviving husband of Patsy
Berry, deceased, and resides at this
time in Prince Georges County; that
Robert L Lucas, Elsie wenk, who in
termarried with Henry Wenk, Frances
Winkler, who iatermarried with Lewis
Winkler, James A. Winkler, surviving
hu, band of Lizzie Winkler, adults and
Marian f. WinlSler and James d.
Winkler. Surviving minor children Of
Lizzie Winkler, deceased. all Of Charles
County, Md, are entitled to an interest,
being the surviving children Of Marian
Lucas as specified IN Plaintiffs Exhibit
81; that jennie Willett, Of Washington,
D. c., widow of Frank Willett. deceas-
ed. is entitled to her dover right, the
said Frank Nillett, at the time Of his
death holding vested interest as the
son and heir at law of William Willett;
that the following parties, Defendants
mentioned in said Bill, are made par
ties hereto, by construction of defec-
tive deed, the original grantors in said
deed, as specified in plaintiffs Exhi-
bit B.'', having duly signed said deed
as evidence by plaintiffs Exhibit b.
and did not acknowledge same as re-
quired by statute; thus conveying their
real d equitable intere
so far evi d e n d by sai d
deed; viz. NJ, Rosa Willett,
surviving widow of +. G, Willett, Bes-
sic Roesoler, who intermarried with
Karl j. Roesoler, adults, and Frank
Willett, Ruth Willett, Hazen Willett,
Marian Willett, infants, surviving chill
dIen of the said f. G.. Willett, all of
Washington. d. c.; Claude NJ. Lucas,
who intermarried with Annie Lucas.
ADULTS. and of Washington, D. c.;
Robert Nj. Thompson, surviving bus
band Of Eliza r. Thompson, liza NJ.
Demar, who intermarried with Norman
Demar, adults, Virginia V. Thompson.
Richard Z. Thompson, Maud Thompson,
Mildred Thompson, all of whom reside
in Prince Georges county. Md.
That by virtue of the signing Of the
deed as exemplified by plaintiffs Ex-
hibit b., the defendants and their
would be heirs at-law, as specified in
paragraph l9) of the Plaintiffs Bill OF
Complaint, are Invested OF their equita-
bic interests by virtue Of the signing Of
the deed as exempllfed bv "Plaintiff's
Exhibit b. and per said defective exec.
cution thereof.
Taht the said real estate is not sus-
ceptible OF partition or division
without material loss and injury to
all parties interested therein, and es-
pecialIy in view of all the various in
terests as effected by the statements
alleged in the Bill OF Com plaint filed in
tlflc tduSC dHN W pC du luQlCdbcu ny
this Honorable Court: and that, in order
to make a division and disposition of
said interests, it will be necessary that
the said real estate be sold and the pro-
ceeds arising from said sale be divided
among the parties to this suit accord
ing TO their respective interests.
That the said John S. Willett, Jennie
Willett, NJ. Rosa Willett. Bessie Roe
soler, Karl J Rnesoler, Frank Willett,
Ruth Willett, Hazen Nillett, Marian
Willett, and Claude NJ. Lucas
are non-residents Of this state.
1t Is thereupon this 2lst day of
October in the year 1912, ordered by
the Circuit Court for Charles county,
sitting as Court of Equity, that the
Plaintiff cause copy of tnis order to
be inserted in some newspaper pub
lished in Charles county once in each