Montgomery County sentinel., 1927-01-28

of Susan Saville, deceased Thomas
Truxton Houston. Sr., Maude Virginia
Houston, Thomas Truxton Houston, Jr.,
Thomas Truxton Houst III 4th. an infant
Francis Snowden. also known as Frank
Snowden; Edith M. Baltzley, Louis E.
Baltzley, Effie o. Baltzley, Glenivan
Baltzley Radcliffe. Lynn Ratcliffe. Maude
Baltzley Upham. Frederick E. Upham,
Clarence Baltzley, the unknown heirs of
Samuel C. Busey, deceased, and the un-
known common law heir of Samuel c.
Busey. deceased. ct al, Defendants.
In the Circuit Court for Montgomery county.
Maryland, as a Court of Equity. No.
4643 Equity.
The object of this suit is to procure
decree for the partition Of the three hun
dred $500 acres Of land, more or less, on
the River Road in Montgomery county,
Maryland, of which Peter D. Posey died
seized and possessed, and which Is more
particularly described in the bill of COM
plant.
The bill states that Peter d. Posey. by
his last will. devised said land to Samuel
c. Busey In trust for Catherine Busey,
Mary E. Burroughs and Susan Saville, share
and share alike. with power to devise the
same and, In the event any of them should
die without having disposed of the same
by will, the share Of such beneficiary
should vest In her respective heirs, as is
more particularly set out In said bill.
That said Catherine Busey died intestate
and without issue and that said Mary E. Bur-
roughs died testate, and devised her inter-
est in said farm to the plaintiff. Charles G.
Simms. and to the defendants, Reginald
Burroughs, Percival Burroughs, Mary Bur-
rouehs. and TO deceased son, Richard d.
Burroughs.
That the only heirs at law of the
said Richard d. Burroughs, who died in
testate, are the defendants, Mary E. Deets.
Gertrude B. Burroughs and Richard d.
Burroughs. Jr.
That said Susan Saville died tes-
tate and devised her interest In said farm
as follows: One-third to Elizabeth Saville
Lewis, e.third TO Catherine Saville Maca-
| tee, and one-thrd TO said Elizabeth Sa-
vile Lewis and Catherine Saville Macatee
| In trust for the defendants, Thomas Trux-
ton Houston, ST., Maude Virginia Houston,
Thomas Truxton Houston, Jr., and Thomas
TruxtOn Houston 4th. upon the terms and
conditions set forth In said will and subject
| to a charge upon her entire estate Of forty
thousand dollars ($40 0.0O0) In favor Of
Elizabeth Saville Lewis and like charge
in favor of Catherine Saville Macatee, as
Is more particularly set forth In said bill.
That said Catherine Busey and her hus-
bund, said Susan Saville and her husband,
said Mary f. Burroughs. widow. and Samuel
C. Busey, as trustee under the will Of said
Peter D. Posey. on the first day of Novem-
Der, 1889, entered into an agreement with
Edward and Edwin Baltzley whereby In
| consideration of said Baltzleys construct
ing. equippine and operating a certain
steam or electric railway through said
farm within two (2) years from the first
day Of November. 1889. they would con-
vey to said BaltZley not exceeding twen-
ty-seven (27) acres Including right Of way)
Of that portion of said farm lying on the
southerly side of said proposed right Of way.
That said agreement is null and void. and
Is barred by the statute of limitation and
by laches as will more particularly appear
by reference to said bill.
That Samuel c. Busey, the trustee named
in the will of Peter D. Posey, is dead and
that Francis Snowden. also known as Frank
Sn0wden, Is. upon information and belief,
his common law heir.
That the trusts created by the will Of
Peter d. Posey have expired and that the
legal title to said farm is vested by opera
tion of law In the devlsees of Mary E. Bur-
roughs, deceased, and Susan Saville, de-
ceased.
That partition of said land in kind
among the parties entitled thereto cannot
be made without loss or injury to the par
ties interested therein. as will more par
ticularly appear by reference to said bill.
That all OF the defendants hereinafter
mentioned by name are n0n-Tesdents Of
the State CT Maryland, and are all adults
with the exception Of Thomas Truxton
Houston 4th. who Is an insant.
The bill prays that decree be passed
removing the cloud upon the title to said
lend created by said agreement with Ed
ward and Edwin Baltzley; that decree
be passed for partition Of said land
among the persons entitled thereto; that
a trustee or trustees be appointed TO sell
said land: that a guardian ad litem be
appointed for the defendants. Maude Viz
ginia Houston and Thomas Truxton Hous-
further relief.
1t is thereupon this l7th day of January,
1927, ordered by the Circuit Court for
Montgomery county. Maryland, sitting as
a Court Of Equity. that the said plaintiffs
cause a copy Of this order. together with
the object and substance Of the bill Of
complaint. to be inserted In some newspaper
published In Montgomery county. Mary
land, once week for four successive weeks
before the 10th day Of February, 1927.
giving notice 10 the said absent defend
ants, Louise Baltzley Speir and La Sale
Speir. Charles Deets. Elizabeth Saville
Lewis, Fulton Lewis, Catherine Saville
Macatee. Harry C. Mscatee. Elizabeth Sa-
vile Lewis and Catherine Savile Macatee,
trustees and executives under the last
will and codicils of Susan Saville. deceased.
Thomas Truxton Houston. ST., Maude Vir-
ginia Houston. Thomas Truxton Houston,
Jr. Thomas Truxton Houston 4th. Francis
Snowden. also known as Frank SnOwden,
Edith M. Baltzley, Louis +. Baltzley. Effie
o. Baltzley, Glenivan Baltzley Ratcliffe,
Lynn Ratcliffe, Maude Baltzley Upham,
Frederick Z. Upham, Clarence Baltzley.
the unknown heirs OF Samuel c. Busey,
deceased, and the unknown common law
heir Of Samuel c. Busey. deceased, OF the
object and substance Of the bill Of COM
plant, and warning them to be and appear
in this court in person. or by solicitor. on
or before the 9th day Of March. 1927. to
show cause. If any they have. why decree
should not to be passed as prayed.
PRESTON B. RAY, Clerk
Circuit Court for Montgomery county.
True copy-Test:
PRESTON B. RAY,
Clerk.
CHARLES W. CLAGETT.