Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1940-01-04
ROBERT PETER,
Solicitor for Plaintiffs.
Order of
Publication
Kate r. Warfeld, widow, Mary
Margaret Fields, unmarried,
Plaintiffs,

Plaintiffs,
VS..
John Wallace A. Fields, widower.
Elizabeth r. Wimsatt and Sam
uel C. Wimsatt, her husband,
Mary M. West and William H.
West, her husband, Katherine
Genevieve Tschiffely and Claude
Tschiffely, her husband, Lillian
B. Waters and William A.
Waters, her husband, and
George P. Fields, unmarried,
Defendants.
IN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY.
No. 1857 Equity.
The object of this suit is to pro-
cure the sale of certain real estate
of which Rebecca G. Fields died
seized and to divide the proceeds
among the parties according to
their respective interests and for
general relief.
The amended bill in substance
states: That Rebecca G. Fields
was on the 9th day of October,
A. ID. 1880 seized and possessed
of a tract of land, situate in
Rockville District, in Montgomery
County, in the State of Mary
land, containing One Hundred and
Sixty-Eight and three eighths
(168as) acres, more or less, and
being so seized of said land de-
parted this life on the said 9Th
day of October, A. D. 1880, in
testate, and leaving surviving her
as her only heirs at law and next
of kin: (a) Mary Margaret
Fields, unmarried, a daughter;
(b) Kate R. Warfield, widow, a
daughter; (c) John Wallace A.
Fields, widower, son; (d) Henry
Clay Fields, a son, who has since
departed this life, unmarried and
without issue, on October 3, 1882,
leaving last will and testament,
executed in due form to pass real
estate in the State of Maryland,
by which he devised his interest
in certain other lands to Albert
S. j. Fields and John Wallace
A. Fields, but he died intestate
as to his interest in the lands
mentioned in these proceedings;
(e) Charles William Fields, son,
who has since departed this life
on April 10, 1888, leaving a last
will and testament, executed in
due form to pass real estate in
the State of Maryland, by which
he devised and bequeathed all of
his estate, including his interest
in the lands mentioned in these
proceedings, as follows: Her legal
share to his widow, Marian v.
Fields; one-third to his daughter,
Lillian B. Waters; and all the
rest to his other children, Eliza
beth R. Wimsatt, Mary M. West,
Katherine Genevieve Tschiffely and
George p. Fields, share and share
alike; that the said Marian v.
Fields departed this life intestate
on the 22nd day of June, A. d.
1887, leaving as her sole heirs at
law and next of kin, the said
Lillian B. Waters, Elizabeth R.
Wimsatt, Mary M. West, Kathe-
rine Genevieve Tschiffely and
George p. Fields; (f) Albert S.
J. Fields, son, who has since
departed this life on the 9th day
of October, A. d. 1886, leaving a
last will and testament executed
in due form to pass real estate
in the State of Maryland by
which he devised and bequeathed
all of his estate, including the
interest in tho land mentioned in
these proceedings to his brother
the aforesaid John Wallace A.
Fields; that the defendants, Eliz-
abeth r. Wimsatt and Samuel G..
Wimsatt, her husband, Katherine
Genevieve Tschiffely and Claude
Tschiffely, her husband, are resi-
dents of the District of Columbia,
and are non-residents of the State
of Maryland; that the defend
ants, John Wallace A. Fields,
George P. Fields, Lillian B..
Waters and William A. Waters,
her husband, are residents of
Montgomery County, State of
Maryland; that the defendants
Mary M. West and William H.
West are residents of Howard
County, State of Maryland. That
said real estate is not susceptible
of partition without material loss
and injury to the parties entitled
to interests therein as above
stated, and that in order to make
division of said interests, it will
be necessary that said real estate
be sold, and the proceeds thereof
divided among the parties ac-
cording to their several interests.
The bill then prays that decree
may be passed for the sale OF
said real estate and the proceeds
distributed among the parties ac-
cording to their respective rights
and interests and for further re-
lief.
It Is thereupon, this 4th day Of
December A. d. 1889, ordered by
the Circuit Court for Montgomery
County, as a Court of Equity,
that the plaintiffs, by causing a
copy Of this order to be inserted
in some newspaper, published IN
said Montgomery County, once in
each Of four successive weeks be-
fore the 9th day Of January, 1910,
give notice to the said absent
defendants Of the object and sub
stance of this bill, warning them
to appear in this Court in person
or by solicitor, on or before the
23rd day Of January, A: d. 194O'