Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1940-07-25
THOMAS C. KELLEY, Attorney
Order OF
Publication

Publication
Alice M. Hobbs, ct al,
Plaintiffs,
VS..
Emma E. Kelley, ct al,
Defendants.
IN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY.
No. 1851 Equity.
The object of this suit is to
procure a decree for the sale of
real estate in Montgomery County,
Maryland, of which Benjamin H.
Kelley, late of Montgomery Coun-
ty, died seized and possessed; for
the purpose of partition; and to
have the proceeds thereof dis
tributed among the parties to
this cause according to their re-
spective rights and interests.
The Bill states that on or about
the 7th day Of September, 1889,
the said Benjamin H. Kelley died
testate seized and possessed of
valuable real estate in Montgom-
cry County, Maryland, particu-
larly described in said bill, and in
deeds recorded among the Land
Records of Montgomery County in
Libers E. B. p. 33 at folio 376,
No. 1872 at folio 164, No. Alta at
folio 81, and No. ACT at folio
294; and also other valuable lands
in said County, excepting certain
parcels conveyed out of the said
! described property by Benjamin
| H. Kelley, in deeds which are of
record among the said Land Rec
ords in Libers Nos. 672, at folio
44O, 67O at folio $40, STA at folio
329, sos at folio 403, and 488 at
folio 447; certified copies Of all
| of which deeds being filed with
said Bill.
| That by the terms of the will
| of the said testator, the said
| property was devised to the wife
of the said Benjamin H. Kelley
for life, but that she, Emma E.
Kelley, thereafter renowned under
said will and elected to take her
legal share in the estate Of her
said husband, and thereafter by
an order of the Circuit Court for
Montgomery County, the said
Emma E. Kelley was declared to
be an incompetent, and Francis
M. Miller of the City of Baltimore
was appointed her committee.
That by virtue of the aforesaid
remuneration, all of the said prop
erty passed by the residuary clause
in said will to the testator's broth
ers and sisters and Ernest V
Purcell, "and to them and theil
heirs and assigns forever, share
and share alike, as tenants in
common" That the living sisters
of the said Benjamin H. Kelley
are Elizabeth K. Bell, widow, resi-
dent of the State of South Caro-
lima, Emma Thomas, who inter
married with Ross E. Thomas
both residents of the State o.
Oklahoma, and Florence X. Hughes
widow, resident of the State o,
California.
That the testator had no broth
ers who survived him, except Ed
ward Kelley, whose whereabout
are unknown, who intermarriet
with Louise Kelley, otherwise
known as Louise Kelley Rupert.
That the heirs of the testator'l
deceased brothers and sisters, al
of whom died intestate are a
follows:
(a) Sarah Emma Kelley, sur,
viving spouse of the testator's de
ceased brother, John w. Kelley
and their three children, Alice M
Hobbs, who intermarried with
Lewis F. Hobbs; Louis Henry
Kelley, who intermarried with
Agnes Kelley, both residents of
the State of New Jersey, and Mary
Elizabeth Lechlider, who has inter-
married with Charles E. Lech-
lider;
(b) Thomas Duvall, surviving
spouse of the testator's deceased
sister, Catherine Eleanora Duvall,
and their seven children, namely,
Cora A. Porter who intermarried
with Arthur Porter, both residents
of the State of Florida; Archi-
bald M. Duvall, who intermarried
with Matte Gaines Duvall, both
residents of the State of Penn
sylvania; Irwin Duvall, who inter-
married with Mary Rose Duvall,
both residents Of the State of
Florida; Claude l.. Duvall, who
intermarried with Della Rose Du-
vail, both residents of the District
of Columbia; Charlotte E. Belle
field, who intermarried with Will
liam Bielefeld, both residents of
the State of Florida; Lola v.
German, who intermarried with
Philip German, both residents of
the State of Florida, and Elva
Doing, who since died intestate,
survived by her husband Charles
Doing, and by two children, Flea
nora F. Doing, unmarried, and !
son who has since died intestate, /
whose only heir at law is his said !
father, Charles Doing, who has
since intermarried with Rosalie
Bright Doing.
(c) The seven children of the
testator's deceased sister, Adelaide
X. Doing, namely, Claude b.
Doing, who intermarried with
Olive X. Doing, Charles H. Doing,
who intermarried with Rosalie
Bright Doing, as aforesaid, Anna
bel d. McFarline, who intermar-
ried with Fred s. McFarline, Flor
ence d. Bielefeld who intermar-
ried with Herman Bielefeld, AIDE
laide d. Riley who intermarried
with Bart Riley. both residents Of