The Republican., 1938-09-01
LAW OFFICES OF WILLIAM R.
0FFUTT AND NEIL C. FRALEY
ORDER OF PUBLICATION

No. 3479 Equity. In the Circuit Court
for Garrett County, Maryland.
The object of this bill is to have the
Court construe the meaning of the
Last VIII and Testament of Martin
Filsinger, Deceased.
The bill states:
FIRST:-That Martin Filsinger,
late of Garrett County, Maryland, de-
eeased, died on the 10th day of May,
1919, leaving a Last VIII and Testa-
ment duly executed to pass real es-
safe.
SECOND:-That on the same day
Of the execution of the Last Will and
Testament by the said Martin Fill
singer, his wife, Catharine Filsinger,
executed a Last Will and Testament
and the said Catharine FilSinger died
On the 1st day of January, 1928.
THIRD:-Both of said wills above
referred to were duly admitted to pro-
Bate by the Orphans Court for Gar
rett County, Maryland, and your or
ator, Philip Filsinger, qualified as EX-
ecutor in said Court and filed an ac-
counting as such Executor with the
said Court
FOURTH:-Thata at the time of the
death of the said Martin F'ilsinger he
was seized and possessed of a tract of
land containing approximately ly rs
acres, being the residue of the tract
of land acquired by the said Martin
F'ilsinger from Henry G. Davis and
Kate A. Davis, his wife, by deed dated
October u, 1901, and recorded in Liber
E. Z. T., No. 40, folio 256, one of the
Land Records of Garrett County,
Maryland.
FIFTH THAT the said Martin Fill
singer departed this life on the 10Th
day of May, 1919, testate, leaving sur
ViVing him as his heirs at law and next
af kin Philip Filsinger, a son, who
married Mary J. Filsinger; Herman
Filsinger "a son, who departed this life
intestate, leaving surviving him as his
heirs at law and next of kin the fol-
lowing named children: Sophie Camp
BELL, married to Owen Campbell; Cora
Tippen, married to James Tippen;
Emma Jennings, married to Fred Jen-
nings; Conrad Filsinger, single;
George Filsinger, married to Stella
Filsinger; Albert Filsinger, single;
Herman Filsinger, married to Gladys
Filsinger; William Filsinger, married
so Winona Filsinger; Pearl Condry,
married to Joseph Condry; Nellie
Weisenborne, married to Joseph Weis-
enborne, and Esther Filsinger, an in
fant under the age of twenty-one
years; Adolph Filsinger, a son, who
departed this life intestate, leaving
surviving him as his heirs at law and
next of kin, his widow, Elizabeth Fill
singer, and the following named chill
slren: Carl Filsinger, married to Cath
crime Filsinger; Gilbert Filsinger,
married to Helen Filsinger; Harry
Filsinger, single; Adolph Filsinger,
married to Alice Filsinger; Mary
0remusz, married to John Oremusz;
Elizabeth Maseheim, married to AL
fred Maseheim; Pauline Maus, mar
ried to John Maus, and Emma Weis-
enboIne, married to Elmer Weisen-
Borne; Ida Linenbogger, a daug ghter,
who departed this life intestate, leav-
ing surviving her as her heirs at law
and next of kin the following named
children: Irene Shepard, married to
James Shepard; Emma Green, mar
gied to Emmett Green; Marie Linen
bogger, single; Adolph Linenbogger,
married to -- Linenbogger; Will
nam Linenbogger, married to Eva
Linenbogger; Arthur Linenbogger,
married to Mary Linenbogger; Owen
Linenbogger, single; Herman Linen
5ogger Wilson, married to -- LIN
snbogger Wilson; Emma Brant, a
daughter, who departed this life leav-
ing surviving her her husband, Gilbert
Brant, and the following named chill
dreu: Verona Decker, Pauline Bloom,
Elwood Brant, married to
Brant; Clayton Brant, married to
Brant; Gilbert Brant, married to
- Brant; Lily Wise; Otto Filsinger,
son, who departed this life leaving
surviving him as his heirs at law and
next of kin, his widow, Pearl Fill
singer, now married to William burst,
and the following named children:
Paul o. Filsinger, married to
FilsiMger; Catherine Filsinger, sim
gle; Marie Wicklow, married to Clark
Wicklow, and Edward Filsinger, sin
gle, Mary Mills, daughter, and Til
ne Eagsdon, daughter.
STXTH:-That your orator, Philip
Filsinger, having been advised that
ander proper construction of the Last
VIII and Testament Of his said father,
Martin FiIsinger, he acquired title to
the real estate above referred to and
on February 26, 1927, he and his wife,
Mary ]. Filsinger, executed mort
gage in the sum of $4500.00 to the
Garrett National Bank of Oakland,
Maryland, a corporation.
SEVENTH THAT the said Garrett
National Bank of Oakland, Maryland,
a corporation, is now in receivership
and the said John H. Hoffman is Re-
eeiver for the said corporation.
EIGHTH:-Thati it is contended by
fhe said Philip Filsinger that accord
ing to the true construction of the
VIII of the said Martin Filsinger that
II was plainly his intention and desire
that all Of his estate, both real and
personal, should go to him after the
payment of certain specific bequests
as set out in the said WILL and that it
was plainly the intention of Martin
Filsinger and Catharine Filsinger, his
wife, the father and mother of your
orator, Philip Filsinger, chat any es-
tate owned by them at the time of
their death, should go to the said
Philip Filsinger, absolutely.
NINTH:-That your orator, Philip
Filsinger, acquired title to the real
estate owned by the said Martin Fill
g-ivoraY of tho +iDoa of bie dnatb and