The Republican., 1924-09-11
ORDER OF PUBLICATION.

Flaccus, widow OF Edward c. FLAG
Gus, deceased; Eva J. Brock, widow
OF Allen Brock, deceased; Elizabeth
Bonafeld, widow; Ethelind V. Bon
afeld, Hugh ". Bonafeld, Guy NJ
Bonafeld, Stewart r. Bonafeld,
heirs at law of Arnold J. Bonafield,
deceased; Hal Speidel, Joseph Spei-
del, Jr., Jesse Speidel, Eliza Speidel
Handlan, heirs at law of Joseph
Speidel, deceased; l>eIson c. Hub
bard, Alma Russell Hubbard, Lou
Use Hubbard Hudson, wife of Will
liam E. Hubbard, heirs at law of
William P. Hubbard, deceased;
Dana Kelley, Chester Kelley, Err
win W. Kelley, heirs at law of Ju-
liza Hubbard Kelley, deceased,
daughter of William P. Hubbard
and wife of Wilson |. Kelley; Mrs.
John J. Corniff, wife of John J. Cor
niff, Charles J. Waterhouse. Mrs.
W. H. D. Warfeld, wife of w. H.
D. Warfield; Frank Waterhouse,
Mrs. A. A. Wilson, wife of A. A.
Wilson; Mrs. N. A. Hanning, wife
of N. A. Hanning, heirs at law of
John Waterhouse, deceased.
No. 2571 Equity. In the Circuit Court
for Garrett County, Maryland.
The object of this suit is to pro-
cure a decree for the sale of certain
real estate in Garrett county, COM
monty known as the North Glade
Club" property.
The bill states that Charles H. Copp
and seven others, named in the bill
of complaint in this cause and all of
the State of West Virginia, were the
owners of all that property located on
Deep Creek, in District No. /, Garrett
county, known as the "North Glade
Club" property, and which now con-
tains 456.02 acres to be sold; the orig
inal tract being fully described in
Plaintiffs Exhibit No. filed with the
bill.
That different conveyances, which
appear upon the records of this
Court, show that Charles H. Copp
was substituted Trustee in Cause No.
2212 on the docket of this Court, but
without authority as said Trustee to
make sale Of said property; all of
which is set forth in the proceedings
in No. 2212 Equity, and all of VIII.
sidered as part of this bill, leaving
the title SO said property in the plain
tiffs and defendants as set out in said
bill of complaint.
That since the acquisition of said
property by the plaintiffs and defen-
dants, Joseph Speidel, Edward c.
Flaccus, Arnold j. Bonafeld, Allen
Brock, William P. Hubbard and John
Waterhouse have departed this life,
leaving the above named defendants.
as set out in the bill of complaint, as
their heirs at law; that the said JOS
eph Speidel, Edward C. Flaccus, Ar
mold j. Bonafeld, Allen Brock and
William P. Hubbard died testate, and
the said John Waterhouse died intes-
tate; and that the heirs entitled to in
herit said property are all set out in
said bill of complaint, and all of said
heirs are alleged to be of age and res
idents Of West Virginia, except the
following minors, to-wit: Erwin W.
Kelley, Dana Kelley and Chester Kel-
ley; that copies of the wills of Joseph
Speidel, Edward C. Flaccus, Arnold
J. Bonafeld, Allen Brock and Will
liam P. Hubbard are filed with the
bill and marked Plaintiffs Exhibits
Nos. 2-6, inclusive.
IIidt ubOl lllC uSGtIl VI TIC Sctltt
Joseph Speidel, who had been con-
stituted Trustee for the property re-
ferred to, proper proceedings were
taken in No. 2212 Equity whereby the
said Charles H. Copp was appointed
substituted Trustee, but with only
power to hold said property in trust
and without power to make sale of
same.
That on June 8, 1911, the said JOS
eph Speidel, as Trustee, conveyed to
one Truman E. Upole the quantity of
one hundred acres of the aforesaid
property as shown by the deed filed
with this bill and marked Plaintiffs
Exhibit No. 7; and after said deed
was executed it was found that said
Joseph Speidel, as Trustee, did not
have the power to convex the title;
that on November u, 1918. Truman
E. UpOle and wife conveyed their one
hundred acres to jeremiah G. Upole
by deed which is fed with this bill
and marked Plaintiffs Exhibit No. 8;
that Charles H. Copp, substituted
Trustee by the decree passed in No.
/ 2212 Equity, undertook to convey to
W. w. Grove and ". A. Grove the
VI OlIS ulliu- GU ctSlCS VI IlIC
aforesaid property by decd dated Jan
uary 10, 1921, which is filed with this
bill and marked Plaintiffs Exhibit
! No. 8,
That said real estate is not suscep-
tible to partition without material
loss and injury to all the parties to
said cause, and that in order to make
division to said interests it will be
necessary that said real estate be sold
by the decree of this Court and the
proceeds be properly divided.
The bill prays that the aforesaid
deeds as made by the said Joseph
Speidel, as Trustee, and the said
Charles H. Copp, as substituted Trus-
tee, be confirmed or that conirmatory
deeds be executed to the respective
purchasers in order that a complete
title may be made to them on account
! of the erroneous action on the part Of
said Trustee and substituted Trus-
/ tee, by the Trustees to be appointed
in these proceedings.
The bill then prays that a decree
may be passed for the sac of the re-
naming portions of the "North Glade
Club" property and a distribution
made of the proceeds of said sale
among the respective heirs, according
to their several interests, by the audi
tor of this Court.
| And +ha hill then nravs for all such