The Republican. [volume] (Oakland, Md.) 1877-current, 1927-09-08

Ihomas mckenzie, her husband;
Hazel V. Meese and George Meese,
her husband; Allen L. Carey, Fran
els Andrew Carey, Marvin Odell
Carey, Leona Agnes Carey, Sarah
Ada Carey, Elmer Francis Carey,
Minnie Ethel Carey, Emma Viola
Carey, Walter Franklin Carey, Enid
Carylon Carey, Georgia Indialee
Carey, defendants.
No. 2779 Equity. In the Circuit Court
for Garrett County, Maryland.
The object of this suit is to secure
a decree of the Circuit Court for Gar
rett county, Maryland, for the sale of
the real estate of which James Carey,
late of Garrett county, Maryland, died
seized and possessed, and the distribu-
ton of the proceeds therefrom among
those entitled to the same.
The bill states:-
1. That James Carey, late of Gar
rett county, Maryland, deceased, was
in his lifetime and at the time of his
death seized and possessed of five
certain parcels or tracts of land, sit
uate, lying and being in Garrett coun-
ty, Maryland, as follows, to-wit:
Q) A parcel of land containing 81
acres and SO perches, more or less,
composed of Military Lot No. COL and
part of Military Lot No. 602, being
the same which was conveyed unto
the said James Carey by deed from
John B. Wright and Thomas w. For
rest, executors, by deed dated August
7, 1901, and duly recorded in Liber E.
q. T., No. 30, folio IS, ETC., one of the
Land Records of Garrett county
Maryland, the original of which said
deed is herewith filed and marked
Plaintiffs Exhibit No. 1.
(2) A parcel of land containing 100
acres and being composed of parts of
Military Lots Nos. 654, 652 and 651,
and being the same which was con-
veyed unto the said James Carey by
deed from Richard Beall and wife
dated August 20, 1872, and recorded
in Liber H. R., No. SO and SO, one of
the Land Records of Allegany county,
Maryland, and recorded in Liber E. q
T., No. IA, folio 1863, etc., one of the
Land Records of Garrett county, Ma
ryland, the original of which said deed
is herewith filed and marked Plain
tiffs' Exhibit No. 2.
(3) A parcel of land containing Is
acres, more or less, and being the
same which was conveyed unto the
said James Carey by deed from Rich
ard Beall and wife, dated May 26
1888, and duly recorded in Liber E.
2. T., No. IA, folio 1856, ETC., one of
the Land Records of Garrett county,
the original of which said deed is
herewith filed and marked Plaintiffs
Exhibit No. 3.
az A tract of land containing
132.43 acres, more or less, and being
the same which was conveyed unto
the said James Carey by Carrie G.
Coulehan, dated January 81, 1906, and
duly recorded in Liber E. z. T., No
So, folio 30, etc, one of the Land Rec
ords of Carrot tcounty, Maryland, in
which said deed there was also grant
ed the right to the said James Carey
to take water from the spring known
as Cold Spring situated on that part
of Lot No. $50, lying south of the old
National Road, the said water to be
taken from said spring and conveyed
to the property granted by said deed
by means of pipe line. One-half of
the minerals underlying said tract of
land also being excepted and reserved
from the operation of this deed, the
original of said deed is herewith filed
and marked Plaintiffs Exhibit No. 4
~ Military Lot No. 597, containing
about so acres and being the same
which was devised to the said James
Carey by the last will and testament
of Daniel Carey, dated October 26
1898, probated in the Orphans Court
for Garrett county, Maryland, on
April 81, 1905, and duly recorded in
Liber B, folio 1873, ETC., one of the rec
ords in the office of the Register of
Wills for said Garrett county A duly
certified copy of this will is herewith
filed, marked Plaintiffs Exhibit No. 5,
and together with the deeds hereto
fore mentioned and herewith filed, is
prayed to be taken and considered a
part of this bill of complaint.
2. That while so seized and pos
sessed of said real estate the said
James Carey departed this life intes-
tate at his home in Garrett county,
Maryland, on the 10th day of June,
1920, leaving surviving him the fol
lOWliS He@AG VI MIL anu ilelIS dI law,
to-wit: Ada Carey, his widow; Rose
E. Opel, daughter, who intermarried
with Jacob Opel; John L. Carey, a
son, who intermarried with Rose
Carey; Mary J. Robinson, a daugh-
ter, who intermarried with George O.
Robinson; Allen A. Carey, a single
son; Hazel V. Meese, a daughter, who
intermarried with George Meese; An
ME L. Mckenzie, a daughter, who in
termarried with Thomas Mckenzie;
all of the aforegoing being adults and
residing in Garrett county, Maryland,
with the exception of the last named,
who reside at Three Forks, in the
State of West Virginia; Francis An
drew Carey and Mervin Odell Carey,
infant children of Mervin A. Carey, a
deceased son of the sa4o James Carey;
which said grandchildren all reside in
Garrett county, Maryland; and Lenora
Agnes Carey, Sarah Ada Carey, Ell
mer Francis Carey, Minnie Ethel Car
ey, Emma Viola Carey, Walter Frank
lin Carey, Enid Carylon Carey and
Georgia Indialee Carey, infant chill
dren of Grover F. Carey, a deceased
son of the said James Carey, said
grandsons and granddaughter of the
said James Carey, now reside at Or
ange, Texas, the said Mervin A. Car
ey and the said Grover F. Carey both
having died prior to the death of their
father, James Carey.
8. That the said real estate is
not susceptible of partition in kind
without material loss and iniury To