Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1921-12-16

The object Of this suit is to obtain a
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. for
the purpose of making a 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 a tract of land, con-
tanning IL IA acres. lying in MONTGOMERY
county, Maryland, which she obtained from
john Saunders and wife by deed dated the
ZOth day OF August. A D. 1898, recorded
in Llber E. B. p, No. 81. at folio 433.
which is filed with the bill and marked
Exhibit No. 1.
That being so seized, the said Rebecca
Johnson Davidson. in the year 1898, de-
parted this life. leaving a last will and
codlcil, dated June 18th, 1898, and adj
mitted to probate by the Orphans Court
Tor Montgomery county, and recorded in
Will Book G. C. D., No. 2, folio lO9. a copy
thereof being filed with the bill and mark
ed Exhibit No. 2.
BY said will and codicl 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 beuueathed
to her cousin, Anna M. Offutt, the sum Of
$500; to the Hermon Church the sum of
S6OO; 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 M. Magruder, of
washington, D. c.; Francis P. Stone, John
y. stone, Philip Stone, and Eliza L. Cla-
gett' all OF Montgomery county, Md. If the
property should sell for more than three
thousand dollars then the rest was to be
divided among the other legatees. She
appointed as her trustee Thomas Ander-
son. OF Rockville, Montgomery county, Md
The bill further states that Robert G.
Davidson and Mary C. H. Carter, the life
tenants, have departed this life many
years ago That the said Thomas Ander-
son, Trustee, has departed this life with
out qualifying as trustee or executor. That
there were no letters testamentary or let
tiers of administration ever granted upon
the estate of the said Rebecca johnson
Davidson. deceased. That she left no per-
sonal estate out of which to pay said
leeacies. That there is no express power
OF sale or authority to sell given in said will.
That it is uncertain what is the true
intent and meaning of said will and that
1t will be necessary to have the same con-
strued by this Honorable Court.
That the next of kin of Anna M. Offutt,
deceased, are the defendants, Nj. Wilson
Offutt, Hilleary L. 0ffutt, Julian Hite Miller.
surviving husband of Annie M. Miller, de-
ceased; Charles F. Miller, Anna Offutt
Millea and Lillian C. McLane. That the
Hermon Church is body corporate, char
tered under the laws of the State of
Maryland, by the name of The Trus-
tees Of Hermon Presbyterian Church Of
Montgomery County. Maryland. That Mary
Catharine Harrison and Anna Holmes
Stone are residing at San Antonio, in the
State of Texas that Natalie Maeruder re-
sides in the District of Columbia that the
six heirs Of the late Lucy Beall Maeruder
deceased, are Anna Holmes Winter, Lloyd
Maeruder, residing in the State of New
Mexico; Charles johnson, Peyton johnson
residing in the State of Arkansas that the
said Pauline Magruder is residing at Fort
Stevens. in the State of Oregon that the
SAID John Holmes Magruder is residing in
the District of Columbia; that the said
Helen Wolfe, Maria C. Wolfe and Frank
Wolfe, her husband. are residing in Leba-
non, in the State of Pennsylvania that
the said Lloyd Burns Magruder and -
Magruder. his wife. are commorant OF
Coblentz. in the Republic of Germany
that the said Philip Stone died in the year
1900. leaving a last will, by which he de-
vised all his property to his widow, the
said Kate Stone Reichard, one of the plain.
tits named in the bill that the said John
q. Stone died in the year 1919. intestate
leaving the said Bessie L. Stone, his widow
and the said John G. Stone, Junior. his
only heir at law, who is an infant; that
the said Eliza L. Clagett died many years
ago. leaving the said Carter Clagett, Her
bert Clagett and Dunbar Clagett as her
only heirs at law. That the said NJ
Wilson Ohutt, Hilleary L. 0ffutt. Anna
Ofutt Miilea, Carter Clagett and Nora Cla-
gett, his wife; Dunbar Stone. Kate Stone
keichard, Bessie L. Stone and John G.
oeohCt OuhiOi, iuldHl, are all residents oil
the State of Maryland, and all the rest Of
the parties are non-residents of the State
of Maryland
The bill prays for a construction of said
will OF Rebecca johnson Davidson, de-
ceased, for an appointment of a trustee "a
sell said lands and for general relief.
It is thereupon this 18th day of November
1921, ordered by the Circuit Court for Mont
eomery county, in equity. that the plaintiffs
by causing a copy of this order to be
inserted in some newspaper printed and
published in said Montgomery county,
once in each Of four successive weeks
before the 18th day of December, 1921, Give
notice to the said absent defendants of the
object and substance of this bill, warning
them to appear in this Court in per.
son, or by solicitor. on or before the 3rd
day of January. 1922, to show cause,
II any they have, why decree ought NOT
to be passed as prayed.
PRESTON B. RAY, Clerk
Circuit Court for Montgomery county.
A'uS WY