Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1938-10-13
Order of Publication
IN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY.

IN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY.
No. 8787 Equity.
Emily Frances Scott, Widow,
Plaintiff,
VS..
lila Roseviera Capped, Irene A. Scott,
Emma Elizabeth Knight, Sarah
Ann Scott and Irene CappeI,
Defendants.
The object of this suit is to pro-
cure a decree for the sale of real
estate in order that the plaintiff
may receive her one-third undivided
interest in the land and premises.
The Bill states in substance as
follows:
That Emily FRANCES Scott is a
surviving wife and widow of Charles
Scott, late of Cabin John, Montgom-
cry County, Maryland, departed this
life testate on the End day of Aug
ust, 1886 seized and possessed of
real estate situate, lying and being
in Cabin John Park, Montgomery
County, Maryland, the same being
Lots No. "A, and the South part of
Lot No. As, both in Section One ~,
in said Cabin John Park which are
described in Deed of Conveyance
from a certain M. w. Tomlinson
dated the 9Th day of November, 1884,
and recorded among the said Land
Records Of said Montgomery County
at Liber 582. folios 80.
That being so thereof seized and
possessed, the said Charles Scott
died leaving as his widow and only
heirs at law, the plaintiff, Emily
Frances Scott, and the following
named children: namely, la Rose
viera Cappell and Irene A. Scott,
him surviving, and last will and
testament, duly executed to pass real
estate in this estate which said will
has been admitted to probate by the
Orphans Court for Montgomery
County, is now on record in Will
Book H. C. C. No. II, at folio Ais.
That by said will, the said Charles
Scott devised said Lot No. "A, Sec
ton One ~, Cabin John Park
aforesaid, to his said daughter, la
Roseviera Cappel; and the Seventy
five foot frontage on the South OF
Lot No. 10, Section One ~, in Cabin
John Park, he devised to the defend
ant, Sarah Ann Scott, whom he de-
scribed as his wife, so long as she
may live, and at the termination OF
her life said property to go unto
his daughter, lila Roseviera Cappell.
That the plaintiff is credibly in
formed and verify believes and so
believing, AYERS and charges that the
said testator, Charles Scott, was not,
in his lifetime, legally united in mar
riage to and with the said defendant
Sarah Ann Scott; but on the con-
trary the plaintiff says that she is
lawfully married to Nsaid Charles
Scott; that said marriage was never
dissolved, and that she is now his
widow.
And. as such, she Is entitled by
law to a one third undivided interest
in the land and premises of which
he died seized and possessed, and OF
which he was seized at any time
during Overture; that said plaintiff
has filed in the Orphans Court for
Montgomery County IN the Estate
proceedings of Charles Scott, de-
ceased, within the time limited by
law, her remuneration OF any bequests
under the will of said testator and
her election to take dover or her
legal share in said estate.
That the defendants, Irene Cap
nell, Ila Roseviera Capped, and Sarah
Ann Scott are residents OF Mont
gomery County, State OF Maryland;
that the defe iant3, Irene A. Scott,
resides in Wemply, Middiesex, Eng
land and Emma Elizabeth An:ghE re-
sides in Manchester, England.
That the said real estate OF when
said tes5ator, Charles Scott, died
seized and possessed as aforesaid is
not susceptible of partition in kind
without material less and injury to
the parties entitled to interest
therein, and that in order to make
division of said interest it will be
NECESSARY that the said real estate
be sold and the proceeds thereof
divided amongst the parties accord
ing to their several interests.
To the end, therefore,
II is thereupon this 22nd day OF
Sentember. 1888, ordered by the Cir
cuit Court for Montgomery County,
sitting as a Court Of Equity, that
the plaintiff, by causing copy Oh
this order to be inserted in some
newspaper published in Montgomery
County, once a week for four sue
cessive weeks before the 10Th day OF
October, A. D. 1888, giving notice to
the aforesaid defendants, Irene A.
Scott and Emma Elizabeth Knight,
who reside in Wembly, MiddleseX,
England and Manchester, England
respectively, of the object and sub
stance of this bill and warning them
to be and appear in this Court in
person or by solicitor on or oefore
: the 18th day of November, A. u.
1898, to show cause, II any, they may
have, why a decree shoulo ho1 0e
passed as prayed.
CLAYTON X. WATKINS,
Clerk of the Circuit Court for
Montgomery County. ,,o
Tyue Copy-Test: ~
CLAYTON X. WATKINS, Clerk