Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1921-11-18

In the Circuit Court for Montgomery county
as Court Of Equity. No. 3s77 Equity.
The object of this suit is to obtain q
decree passed by the Circuit Court fol-
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 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 IS 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. l.
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. 1893. and ad-
mitted to probate by the Orphans Court
for Montgomery. county. and recorded in
Will Book G. C. D.. No. 2. folio 1903. 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.
aaA Toll "a l. \
TO her c0us n, Anna NJ. 0ffutt, 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 Magru.
der the sum Of $40: to Anna Holmes
the sum Of 500. After her funeral ex-
OF her estate TO Blanche M. Maeruder, oil
Washington. ID. c.; Francis P. Stone, John
G. Stone, Philip Stone, and Eliza L. Cla-
gett, all Of Montgomery county, Nd. II 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, Nd
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. 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 per
sonal estate out Of which to pay saiC
legacies. That there is no express powe
Of sale or authority to sell given in said will
That il is uncertain what is the tru,
intent and meaning of said will and tina
it 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
/ 0ffutt. Hilleary L. 0ffutt, Julian Hite Miller
| surviving husband Of Annie NJ. Miller, de
| ceased: Charles F. Miller, Anna Offut
Miller 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 tn
State Of Texas; that Natalie Magruder re
sides in the District of Columbia that tn
six heirs OF the late Lucy Beall MaerudeI
deceased, are Anna Holmes Winter, uoyt
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 IN,
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, tn
said Kate Stone Reichard, one Of the plain
tiffs named in the bill that the said job
G. 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 year
ago. leaving the said Carter Claeett. Her
bert Ciagett and Dunbar Claeett as he
only heirs at law That the said N
Wilson Ohutt. Hilleary L. Offutt, Ann
Ohutt Miller. Carter Clagett and Nora CIa
gett. his wife: Dunbar Stone, Kate Ston
Reichard, Bessie L. Stone and John G
Stone. Junior. infant, are all residents 0
the State Of Maryland. and all the rest o
the parties are non-residents of the Stat
Of Maryland.
The bill prays for a construction of sal,
will Of Rebecca Johnson Davidson, de
ceased, for an appointment of trustee I,
sell said lands and for general relief.
Ii is thereupon this 18th day of November
1921. ordered by the Circuit Court for Mont
gomery county, in equity. that the plaintiffs
by causing a copy Of this order to b,
inserted in some newspaper printed anc
published in said Montgomery county
once in each Of four successive week
before the 18th day Of December, 1921. civ,
notice to the said absent defendants of III,
: object and substance of this bill. warnin,
them to appear in this Court in per
son, or by solicitor, on or before the 3rC
day Of January. 1922. TO show cause
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,
Clerk.
FRANK HIGGINS. Solicitor