The Republican. [volume] (Oakland, Md.) 1877-current, 1926-12-16

Laura +. Helmick and R. G. Helmick
VS.. Walter Fazenbaker and Clara
Fazenbaker, his wife; Ada Snyder
and Adam Snyder, her husband;
| Lebbeus Fazenbaker and Victoria
| Fazenbaker, his wife; Lydia Bit
| finger and William Bittinger, her
husband, and Florence Fazenbaker.
No. 27O6 Equity. In the Circuit Court
for Garrett County, Maryland.
The object of this suit is to procure
decree for the sale of the real estate
of which Esther Fazenbaker, late of
Garrett County, Maryland, deceased,
died seized and possessed.
The bill states:-
LIST. That Esther Fazenbaker, late
of Garrett county, Maryland, deceas-
| ed, was in her lifetime and at the
time of her death seized and possess
ed of certain parcel or tract of land
situate, lying and being in District
No. II, of Garrett County, Maryland,
the same containing one hundred
acres, and being known and designat-
ed as Military Lots Nos. 1851 and
1858, and being the same which were
conveyed unto the said Esther Fazen-
baker by deed from Solomon Sibert,
bearing date May 3rd, 1874, and duly
recorded in Liber W. H. T., No. 4,
folio 1893, one of the Land Records of
Garrett County, Maryland, a certi-
fled copy of which said deed is here
with filed, marked "Plaintiffs' Exhibit
No. l." and prayed to be taken and
considered part of this bill of COM
| plant.
End. That while so seized and pos
sessed of said real estate in Garrett
County as aforesaid, the said Esther
Fazenbaker departed this life intes-
tate, at Orlando, Florida, on the 7th
day of November, 1925, leaving sur
viving her as her next of kin and
heirs at law the following children,
to-wit: Walter Fazenbaker, a son
who intermarried with Clara Fazen-
baker, and who now resides in Gar
rett County, Maryland; Ada Snyder,
a daughter, who intermarried with
Adam Snyder, the said Ada Snyder
now residing in Garrett County, Ma
ryland, and the said Adam Snyder
now residing in the State of Penn
sylvania; Lebbeus Fazenbaker, a son,
who intermarried with Victoria Faz-
enbaker, both of whom now reside in
the State of Pennsylvania; Lydia Bit
finger, daughter, who intermarried
with William Bittinger, and who now
reside IN the State of West Virginia;
Florence Fazenbaker, a daughter, sim
gle, who resides in Garrett County,
Maryland, and Laura E. Helmick, one
of the plaintiffs. a daughter, who
intermarried with R. C. Helmick; all
of said parties being of full age.
3rd. That the said real estete is
not susceptible of partition in kind
without material loss and injury to
the parties entitled to interests there
in and in order to make division of
said interests it will be necessary
that the said real estate be sold and
the proceeds thereof be distributed
according to law.
4th. That it would be for the bene-
fit and advantage of all of said par
ties, that the said real estate be sold
and the proceeds thereof distributed
to those entitled to the same.
5th. That the estate of the said
Esther Fazenbaker is indebted to the
said R. C. Helmick in the sum of
S537.84 for funeral expenses and
other expenses incident thereto; to
the First State Bank, of Grantsville,
in the sum of $4,000, and to William
Winterburg in the sum of S31.00;
less such amount as may be paid up
on said claims by the administrator
of the estate of the said Esther
Fazenbaker, statements of which said
claims will be filed among the papers
in this said case when the amount OF
said Indebtedness to be paid out Of
the proceeds of sale or the real estate
of the said Esther Fazenbaker shall
have been finally determined.
The bill then prays for decree for
the sale of the real estate, for the
payment of such bills as may be
properly proven and for distribution
of the balance of the money obtained
from said sale amongst those en-
titled to the same, for general relief,
for the writ of supbonea, for the resi-
dent defendants and for an order of
publication against the nonresident
defendants.
1t is thereupon this 18th day of
November, 1926, ordered by the Cir
cult Court for Garrett County, Mary
land, in Equity, that the plaintiffs by
having a copy of this order to be in
serted in some newspaper published
in Garrett County once in each of
four successive weeks before the 18th
day of December, 1926, give notice to
the said absent defendants Adam
Snyder, Lebbeus Fazenbaker, Vic
toria Fazenbaker, Lydia Bittinger
and William Bittinger, 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
4th day of January, 1927, to show
cause if any they have, why decree
should not be passed as prayed.