Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1920-02-06


Charles F. Fawsett and Florence B. Faw-
sett, his wife: Mary V. Fawsett, unmar-
ried; Laura j. Mitchell and John Mitch
ell her husband; Clifford C. Fawsett and
Lille Fawsett. his wife; Florence Hill
ton and Robert Hilton. her husband !;
Ethel M. Perkins and Robert Perkins,
her husband; Frank M. Hodges, Marian
Hodges, Kenneth Hodges, Vivian Hodges.
Elizabeth H. Offutt. widow Thomas M.
Offutt and Anna Offutt. his wife; VIII
liam Offutt. Nicholas d. Offutt, 3rd, and
Mamie Offutt, his wife: Elizabeth H.
Garstin and Bertram M. Garstin. her
husband; and Ellen Offutt, and Thomas
W. Tschiffely and Wilson R. Tschlffely,
administrators of the goods and chattels
of Wilson B. Tschiffely. deceased, De-
fendanta
In the Circuit Court for Montgomery county.
as Court Of Equity. No. $685. Equity.
The object of this suit is to procure a
sale Of the real estate of which Luther M.
Ofutt died seized for the purpose Of par
tition.
The bill states on the thirteenth day of
November. A. D., 1904, the said Luther M.
0ffutt died seized of tract of land situate
in Potomac District. in Montgomery county,
Maryland, containing one hundred and
eighty-five acres, more or less, leaving
surviving him his widow. Katherine Sea-
GER Offutt, who has since departed this life,
and the following named persons as his
only heirs-at-law, Catharine V. 0ffutt, a
sister, who has since died and devised her
interest in said land to Charles F. Fawsett
In trust for the defendant, Mary " Faw-
sett, for life and after her death to the
children Of Marian E. Fawsett; Laura j..
Ofutt. sister, who has since died and
devised her interest in said land to the
children Of said Marian E. Fawsett Julia
A. Counselman, a sister the children of
VIM. S. Offutt, a deceased brother. Reginal
H. Offutt, who married Lille C. 0ffutt, and
Ara j. o. Cover. who married George o.
Cover. and Clifford II. Offutt. who married
Alverta Offutt and has died since the death
of said Luther M. Offutt, intestate and
without issue, leaving surviving him his
widow. said Alverta Offutt. and his brother,
Reginal H. Offutt. and his sister, Ara j. o.
Cover, his only heirs the children Of Ma
rian f. 0. Fawsett, sister. Harvey A.
Fawsett. who conveyed his interest in
said land to the defendent. Charles F.
Fawsett. Charles f. Fawsett, who mar
ried Florence B. Fawsett, and reside in
the county Of Milwaukee, In the State
Of Wisconsin, Harry o. Fawsett, who con-
veyed his interest in said land to the
defendant, Howard c. Fawsett. Howard c.
Fawsett, who married Elizabeth E. Faw-
sett. William II. Fawsett, who conveyed
his interest in said land to the defendant.
Howard C. Fawsett, Mary V. Fawsett, who
resides in the District of Columbia. Laura
j. Mitchell, who married John Mitchell and
reside in Salt Lake county. in the State of
Utah. Clifford C. Fawsett. who married
Lille Fawsett. and reside in the District
Of Columbia. Florence Hilton, who married
Robert Hilton. and reside in Salt Lake
county. in the State of Utah. Ethel M.
Perkins, who married Robert Perkins. and
reside in the District of Columbia. Minnie
E. F. Hodges, who married Frank M. Hodges.
and departed this life intestate after the
death Of said Luther M Ofutt, leaving
surviving her her husband. said Frank M.
Hodges, and the following children as her
only heirs-at-law. Marian Hodges, Ken
meth Hodges and Vivian Hodges, all of
and that said children are infants; the
children Of Rachel II. Offutt. a sister of
said Luther NJ Offutt, Lee Offutt, who mar
ried Mary E. 0ffutt, and Nicholas d. 0ffutt.
who married Elizabeth II. 0ffutt. and de-
parted this life intestate. after the death
Of said Luther NJ Offutt, leaving surviving
him his widow, Elizabeth II. 0ffutt, and
the following children as his only heirs-at-
law. Thomas M. Offutt. who married Anna
Ofutt, and reside in the county Of Stevens,
In the State of Washington, William Offutt,
who resides in the county Of Spokane, in
the State Of Washington, Nicholas d.
Offutt. 3rd. who married Mamie 0ffutt,
Elizabeth II. Garstin. who married Bertram
M. Garstin, and reside in the county Of JEFF
ferson, in the State Of Missouri, and Ellen
Offutt
That Charles +. Fawsett is sued In his
two-fOld capacity as trustee and in his own
right.
That there Is a judgment against the
interest Of Nicholas d. Offutt, deceased, in
favor Of Wilson b. Tschiffely, and judy
ment against Howard c. Fawsett In favor
Of Charles A. Case and Samuel T. Case.
That said real estate Is not susceptible
Of partition without material loss and in
jury to the parties entitled to interest
therein, as above stated, and that in order
to make division of said interests, 1t will
be necessary that said real estate be sold,
and the proceeds thereof divided amongst
the parties according to their several in
terests.
That Charles F. Fawsett and Florence B.
Fawsett, his wife, Mary v. Fawsett, Laura
J. Mitchell and John Mitchell, her hus-
band, Clifford G. Fawsett and Lille Faw-
sett, his wife, Florence Hilton and Robert
Hilton. her husband, Ethel NJ Perkins and
Robert Perkins. her husband. Frank M.
Hodges, Marian Hodges. Kenneth Hodges
and Vivian Hodges, Thomas M. 0ffutt and
Anna 0ffutt, his wife. William Ofutt.
Elizabeth H. Garstin and Bertram M. Cars
tin, her husband, are all non-residents of
the State Of Maryland.
Il Is thereupon this 18th day of Janu-
Der. A. d. 1920. ordered by the Circuit Court
for Montgomery county. as Court Of
Equity. that the plaintiffs. by causing
copy Of this order to be inserted in some
newspaper published in said Montgomery
county, once in each Of four successive
weeks before the 18th day Of February,
A. D. 1920, give notice to the said alb
sent defendants Of the object and sub
stance OF this bill, warning them to ap-
pear in this Court. in person or by solicitor.
on or before the 9th day Of March
next. to show cause, II any they have, why
a decree ought not to be passed as prayed.
PRESTON b. RAY, Clerk
Circuit Court for Montgomery county.
True oopy-Test:
PRESTON B. RAY.
ian 16-td Clerk