Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1921-11-25

%NoAy L. NiobCNAs NO WIG <1huo
Holmes Winter. widow; Lloyd Magru-
der. Carter johnson, Peyton johnson,
Pauline Magruder. unmarried; Helen
Wolfe, unmarried Bessie L. Stone, John
G. Stone, Junior, an infant; John H.
Maeruder. Maria C. Wolfe and Frank
Wolfe, her husband Lloyd Burns Ma
eruder and - Magruder, his wife
defendants
In the Circuit Court for MONTGOMERY county
as Court of Equity. No. 3S77 Equity
The object of this suit is to obtain a
| decree passed by the Circuit Court for
Montgomery county as a 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
goth day. of August. A. d. 1898. recorded
in Liber E. 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 1893, 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 CODY
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 cous n, Anna M. 0ffutt, the sum Of
$500; to the HermOn Church the sum oil
$500; to Mary Catharine Harrison the
sum of $500; to Pauline Magruder the
sum Of 500; to Natalie Magruder the sun
OF SlOO; to the heirs of Lucy Beall Magru
7 oCh thC ouAl vi OOfO u ANNA TlOinlet
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 MagTuder, O
Washington, d. c.; Francis P. Stone, Johr
G. Stone. Philip Stone, and Eliza L. Ola.
gett, all of Montgomery county, Nd. If tn,
property should sell for more than thre,
thousand dollars then the rest was to b,
I Divided tho f.fhar
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 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. Tina
there were no letters testamentaty or lei
tiers OF administration ever granted upo
the estate of the said Rebecca Johnso
Davidson, deceased. That she left no pei
sonal estate out of which to pay sal
iegacles. 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
1t will be necessary to have the same con
strued by this Honorable Court.
That the next of kin of Anna M. Offut
deceased. are the defendants, M. Willso
Ofutt Hilleary L. Offutt, Julian Hite Mile
surviving husband of Annie M. Miller, de
ceased; Charles F. Miller, Anna Offul
Millea and Lillian C. McLane. That III
Hermon Church is body corporate, cha
tered under the laws of the State {
Maryland, by the name of The Tru,
tees OF Hermon Presbyterian Church
Montgomery County. Maryland. That Mar
Catharine Harrison and Anna Holme
Stone are residing at San Antonio, in III
State of Texas; that Natalie Magruder r,
sides in the District of Columbia that III
; six heirs of the late Lucy Beall Maerude
deceased, are Anna Holmes Winter, Lloy
Magruder, residing in the State of Ne
, Mexico; Charles johnson, Peyton johnson
residing in the State of Arkansas that ii
said Pauline Magruder is residing at Fol
Stevens. in the State of OREGON; that tn
said John Holmes Magruder is residing
the District of Columbia that the sal
! Helen Wolfe, Maria C. Wolfe and Fran
Wolfe, her husband. are residing in Lebs
non, in the State of PENNSYLVANIA thu
the said Lloyd Burns Magruder and -
: Magruder. his wife. are commorant
: Coblentz. in the Republic Of German,
, that the said Philip Stone died in the We;
1900, leaving a last WILL by which he d,
vised all his property to his widow, Il
. said Kate Stone Reichard, one of the plail
this named in the bill that the said job
q. Stone died in the year 1919. intestat
= leaving the said Bessie L. Stone, his wido,
, and the said John G. Stone, Junior, h
, only nelr at law, who is an infant; TIL
! the said Eliza L Clagett died many yea
ago, leaving the said Carter Clagett, He
/, bert Ciaeett and Dunbar Clagett as h
! only heirs at law. That the said
Wilson Ohutt, Hilleary L. Offutt. Anr
!; Offutt Millea, Carter Claeett and Nora Cl,
gett his wife Dunbar Stone, Kate S,or
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 Sta
of Maryland
, The bill prays for a construction of sa
i will OF Rebecca johnson Davidson. d.
4 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, si,
notice to the said absent defendants of n
object and substance of this bill, warnin
them to appear in this Court in ne
son, or by solicitor. on or before the 3r
day of January, 1922. to show cans,
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.