Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1933-10-12
Order of Publication
IN THE ORPHANS COURT OF

In The ORPHANIS' COURT OF
MONTGOMERY COUNTY.
In the Matter of the Estate of
Rachel Lavinia Wagner Sharpe
The object of this petition is to
have the decree admitting to probate
the last Will and Testament and the
Codicils thereto of Rachel Lavinia
Wagner Sharpe, revoked and an
nulled.
The petition in substance states !:
That on July IL, 1882, the last Will
and Testament of Rachel Lavinia
Wagner Sharpe, deceased, was adj
mitted to probate by this Honorable
Court. That said Rachel Lavinia
Wagner Sharpe was not a resident
of the State of Maryland at the time
of her death. That William Frank
Wagner, Urban Nicholas Wagner and
Simon Peter Wagner, were the execu-
tors named in said last Will and Tes-
lament and are the petitioners in this
proceeding. That said petitioners did
not take the advice of counsel as to
the proper jurisdiction in which said
viii and Codicils should have been
originally probated. That said Rachel
Lavinia Wagner Sharpe died seized
of real estate in the State of Florida
and said petitioners desired to take
out ancillary letters of administra-
ton and to dispose of said real
estate, and that they then for the
first time learned that the original
probate of said viii should have been
in the State of Florida, the domicile
of said testatrix, and that the
Orphans Court for Montgomery
County was without jurisdiction to
admit said Will to original probate.
That said Rachel Lavinia Wagner
Sharpe left surviving her, her hus-
bank, Francis Byron Sharpe, and a.
sister Rosa Ann Wagner, and three
brothers, the said petitioners, her
only heirs-at-law and next of kin.
That by said Will pecuniary legacies
were bequeathed to Francis Byron
Sharpe and the other heirs-at-law
and next of kin of the said testatrix,
and Mary Constance Wagner, Mich
olas Wagner, William Wagner, Jr.,
Patrick Barry, Bishop of St. Aug
Justine, Fla, corporation sole and
st. Mary's Catholic Church of Rock
vile. That said bequest to said St.
Mary's Catholic Church of Rockville
was clearly intended to be to Michael
j. Curley, Archbishop of Baltimore,
a religious corporation, organized UNI
der the laws of this State. That
by the residuary clause of said Will,
said testatrix devised and bequeathed
the rest and residue of her estate
to the said petitioners and said Rosa
Ann Wagner.
The petition then prays that the
decree admitting said Will and Codi-
ellis to probate be revoked and an
nulled.
It is this 18th day of September,
A. D. 1888, ordered by the Orphans
Court for Montgomery County, that
the petitioners by causing copy OF
this order to be inserted in some
newspaper published in said Mont
gomery County, once in each of four
successive weeks, before the 14th day
of October, A. D. 1888, give notice
to the said Francis Byron Sharpe
of the State of Florida, Patrick
Barry, Bishop of st. Augustine, al
religious corporation sole, under the
laws of the State of Florida, and
the District of Columbia, and who
are nOn-reSiucuIS VI DniS oUhUe, VI enc
object and substance OF this petition,
warning them to appear in this
Court, in person or BY solicitor, on
or before the 31st day Of October
next, to show cause ii any they have,
why decree ought not to be passed
as prayed.
P. HICKS RAY,
JOSEPH G. HIGGINS,
Judges Of the Orphans Court
for Montgomery County.
True COpv Test: II
HANSON G. CASHELL, 81
Ksgistsr Of wills.