Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1921-12-09

In the Circuit Court for Montgomery county
as a Court of Equity. No. 3S77 Equity.
The object of this suit is TO obtain q
decree passed by the Circuit Court for
Montgomery county as Court of Equity
in the above entitled cause, constituting the
last will and testament of Rebecca John
son Davidson, deceased. and for a sale OF
the lands, of which she died seized. fol
the purpose Of making proper distribu-
ton Of the proceeds thereof amongst the
parties according to the true intent and
meaning of said will.
The Bill states that a certain Rebecca
johnson Davidson, deceased, in her life.
time was seized of tract of land, con.
tanning 10 Ia acres. lying in Montgomery
county, Maryland which she obtained from
John Saunders and wife by deed dated the
10th day Of August. A d. 1898, recorded
in Liber Z. B. p, No. 81, at folio 433
which is filed with the bill and marked
Exhibit No. |.
That being so seized, the said Rebecca
johnson Davidson, in the year 1898, de-
parted this life, leaving a last will and
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, a copy
thereof being filed with the bill and mark
ed Exhibit No. 2.
By said will and codicil she devised all
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 d.
vided as follows, to-wit She beQueathed
to her cousin, 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 Magruder the
sum of 500; to Natalie Magruder the sum
of 500; to the heirs of Lucy Beall Maeru.
der the sum of $40; 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. Magruder. Of
/ Washington, D. c.; Francis P. Stone, Johr
| G. Stone, Philip Stone. and Eliza L. Cla-
1 gett, all of Montgomery county, Nd. If the
property should sell for more than three
thousand dollars then the rest was to bt
divided among the other legatees. Sh,
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 upo
the estate of the said Rebecca johnson
Davidson, deceased. That she left no per
sonal estate out of which to pay sal,
leeacies That there is no express powe
of sale or authority to sell given in said viii
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. Offutl
deceased, are the defendants, NJ Wilson
Ofutt, Hilleary L. 0ffutt, SULTAN 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 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 Holme
Stone are residing at San Antonio, in III,
State Of Texas; that Natalie Magruder re
sides in the District Of Columbia that tn
six heirs of the late Lucy Beall MagrudeI
deceased. are Anna Holmes Winter, uoy,
Magruder, residing in the State of Ne,
Mexico; Charles johnson. Peyton johnson
residing in the State of Arkansas that tn
said Pauline Magruder is residing at For
Stevens, in the State Of Oregon; that tn
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 -
Maeruder, his wife. are commorant q
Coblentz, in the Republic of Germany
that the said Philip Stone died in the yes
1900, leaving last will. by which he de
J vised all his property to his widow. IN
said Kate Stone Reichard, one of the plaiT
ufis named in the bill that the said job
6. Stone died in the year 1919. intestat,
leaving the said Bessie L. Stone, his widow
and the said John G. Stone. Junior. h
only heir at law, who is an infant; this
the said Eliza l. Cagett died many veal
ago, leaving the said Carter Clagett, He
bert Cagett and Dunbar Clagett as h,
only heirs at law. That the said \
! Wilson offutt. Hilleary l. Offutt, Ann
offutt Millea, Carter Cagett and Nora Cls
gett. his wife; Dunbar Stone, Kate Stor
Reichard. Bessie L. Stone and John
Stone, Junior. infant, are all residents ,
the State of Maryland. and all the rest ,
the parties are non-reSidents of the Stat
of Maryland.
J The bill prayS for a construction of sal
will Of Rebecca johnson Davidson, d,
ceased. for an appointment of a trustee
sell said lands and for general relief,
1t is thereupon this 18th day of Novembe
. 1921, ordered by the Circuit Court for Mon
gomery county, in equity. that the plaintiff
by causing a copy of this order TO
inserted In some newspaper printed an
published in said Montgomery count,
, once in each Of four successive weel
! before the 18th day Of December, 1921. gin
| notice TO the said absent defendants of Il
! object and substance Of this bill. warniu
them TO appear in this Court in pc
son, or by solicitor. on or before the 81
day Of January, 1922. to show caus
If any they have, why decree ought n,
to be passed as prayed.
PRESTON B. RAY, Clerk
Circuit Court for Montgomery county.
, True copy-Test:
PRESTON b. RAY,
, Clerk.