Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1921-12-02

last will and testament of Rebecca John
son Davidson, deceased. and for a sale O.
the lands. Of which she died seized, TO
the purpose of making a proper distribu
ton Of the proceeds thereof amongst tn,
parties according to the true intent anC
meaning Of said will
The Bill states that a certain Rebeccs
Johnson Davidson, deceased, in her life
time was seized OF tract Of land, con
tanning l6 IA acres. lying in Montgomery
county. Maryland. which she obtained from
John Saunders and wife by deed dated the
2Uth day Of August. A. d. 1893. recorded
in Lber E. B. p, No. Fl, at folio 4S3
which is filed with the bill and marked
Exhibit No. /.
That being so seized, the said Rebeccs
johnson Davidson. in the year 1898. de.
parted this life. leaving last will ant
codicil. dated June 18th. 1898. and ad.
mitted to probate by the Orphans Court
for Montgomery county, and recorded in
Will Book G. C. D., No. 2. folio 1903, CODY
thereof being filed with the bill and mark.
ed Exhibit No. 2.
BY said will and codicil she devised ali
her property. real. personal and mixed, to
her husband. Robert G. Davidson, and her
sister, Mary c. H. Carter. as long as they
should live. and at their deaths, to be di.
.vided as follows. to-wit: She beaueathed
to her cous n, Anna NJ. Offutt, the sum Of
$500; to the Hermon Church the sum Of
$500 to Mary Catharine Harrison the
sum of $500; to Pauline Maeruder the
sum of 500; to Natalie Magruder the sum
of 500; to the heirs of Lucy Beall Maeru.
der the sum of S540; to Anna Holmes
Stone the sum of 5000; to Helen Wolfe
the sum of 500. After her funeral ex.
penses paid she bequeathed the residue
OF her estate to Blanche NJ. Magrudef, Of
Washington, D. c.; Francis P. Stone, Johr
q. Stone, Philip Stone. and Eliza L. Ga
eett, all OF Montgomery county, Md. II the
property should sell for more than three
thousand dollars then the rest was to bt
divided among the other legatees Sht
appointed as her trustee Thomas Ander
son, of Rockville, Montgomery county. Nd
The bill further states that Robert G
Davidson and Mary C. H. Carter, the lif,
tenants, have departed this life man,
years ago. That the said Thomas Ander
son, Trustee. has departed this life with
out qualifying as trustee or executor. Tha
there were no letters testamentary or let
tiers Of administration ever Granted upoI
the estate of the said Rebecca johnson
Davidson, deceased. That she left no Der
sonal estate out of which to pay sal,
legacies. That there is no express powe
OF sale or authority to sell given in said will
That it is uncertain what is the tru,
intent and meaning of said will and tina
II will be necessary to have the same con
strued by this Honorable Court.
That the next Of kin Of Anna NJ. Offutt
deceased. are the defendants, NJ Wilson
Ofutt. Hilleary L. Offutt, Julian Hite Miller
surviving husband Of Annie NJ Miller, de
ceased; Charles F. Miller, Anna Offut
Millea and Lillian c. McLane. That tn,
Hermon Church is a body corporate, char
tered under the laws of the State O
Maryland. by the name Of The Trus
tees OF Hermon Presbyterian Church o
Montgomery County. Maryland. That Mar,
Catharine Harrison and Anna Holmei
Stone are residing at San Antonio, in thu
State of Texas; that Natalie Magruder re
sides in the District Of Columbia that tn,
six heirs of the late Lucy Beall Maeruder
deceased. are Anna Holmes Winter, Love
Magruder. residing in the State Of New
Mexico; Charles johnson. Peyton johnson
residing in the State Of Arkansas that III,
said Pauline Magruder is residing at For
Stevens, in the State Of Oregon; that th,
said John Holmes Magruder is residing il
the District OF Columbia; that the sal,
Helen Wolfe, Maria c. Wolfe and Fran
Wolfe, her husband. are residing in Leba
non, in the State of Pennsylvania; tina
the said Lloyd Burns Magruder and =
Magruder. his wife. are commorant O
Coblentz. in the Republic Of Germany
that the said Philip Stone died in the yea
1900. leaving last will, by which he de
vised all his property to his widow, III
said Kate Stone Reichard, one of the plain
tiffs named in the bill; that the said job
6. Stone died in the year 1919. intestats
leaving the said Bessie L. Stone. his widow
and the said John G. Stone, Junior. hi
only heir at law. who is an infant; tina
the said Eliza L Clagett died many wear
ago. leaving the said Carter Claeett. Hel
bert Ctagett and Dunbar Clagett as ht
only heirs at law. That the said 4
Wilson 0ffutt. Hilleary [. Offutt. Ann
Offutt Millea. Carter Clagett and Nora Ga
gett. his wife; Dunbar Stone, Kate S,on
Reichard, Bessie l. Stone and John {
Stone. Junior. infant, are all residents {
the State of Maryland. and all the rest {
the parties are non-rssidents Of the Stat
Of Maryland.
The bill prays for a construction of sal
will of Rebecca johnson Davidson, d,
ceased, for an appointment Of a trustee I
sell said lands and for general relief.
1t is thereupon this 18th day of Novembe
1921, ordered by the Circuit Court for Nom
gomery county, in equity. that the plaintiff
by causing a copy Of this order 10 /
inserted in some newspaper printed an
published in said Montgomery count,
once in each Of four successive week
before the 18th day of December. 1921. civ
notice to the said absent defendants Of IN
object and substance Of this bill, warnin
them to appear in this Court in Der
son, or by solicitor. on or before the 3r
day of January. 1929, to show caus,
II any they have. why decree ought no
to be passed as prayed.
PRESTON B. RAY, Clerk
Circuit Court for Montgomery county.
True copy-Test:
PRESTON B. RAY.