The Republican. [volume] (Oakland, Md.) 1877-current, 1946-08-22

AllcAdel Ray, nef huSDanQ; Louise
Lockwood and Lawrence Lockwood
her husband; Marjorie Kirby and
Shirley Kirby, infants, by Berry
Wilson, their sister and next
friend, Mary A. P. Kirby;
Mary A. P Kirby, Administrator
Of the estate of Frank J. Kirby, de-
ceased; Frank Delano Kirby, Doug
las NJ. Kirby and Theadore K Kir-
by, infants, by Mary A. P. Kirby
their mother and next friend,
vs..
Caroline w. Wilson, widow of Robert
L. Wilson; Robert L. Wilson, Jr.
and Mary Anne Wilson, infant
heirs of Robert L. Wilson, and Wal
dys Werygo.
No. 1902 Equity. In the Circuit
Court for Garrett County, Mary
land.
The object of this suit is to de-
clare the property hereinafter men,
toned and described to be the prop
erty of your petitioners; for the sale
Of said real estate owned by Frank J.
Kirby, late of Garrett County, Mary
land. deceased, and for the distribu-
ton Of the proceeds among those en-
titled to receive the same.
The bill states:
That the plaintiffs in this cause are
the heirs at law and respective
spouses of the heirs at law of Frank
}. Kirby, late of Garrett County,
Maryland, deceased; that Caroline w.
Wilson, Robert L. Wilson, Jr., and
Mary Anne Wilson are the widow
and heirs at law of Robert L. Wilson,
late Of Garrett County, Maryland,
who held legal title to certain prop
erty hereinafter described, of which
the said Frank J. Kirby, deceased,
was the equitable owner that the
said Waldys Werygo at one time held
the legal title to said property, here
matter described, of which the said
Frank j. Kirby was the equitable
owner; that the said Frank
J. Kirby, who departed this
life intestate on the 18th day of Oc-
tober, 1913 was at the time of his
death the owner and in possession of
all those lots, pieces OF parcels of
land situate, lying and being in Kitz-
miller, Garrett County, Maryland, as
follows:
1. All that lot, piece or parcel of
land situate, lying and being in Flee
ton District No. 10, which on the
Plat of Rafter's Addition to said town
Of Kitzmiller, is known and desig-
mated as Lot No. 80, containing 1912
square feet, more or less, and being
the same which was conveyed by A.
E. Ridder and wife to Waldys Very
go by deed bearing date the 10Th
day Of June, 1915, and recorded in
Liber f. Z. T., No. a6, folio 412, one
of the Land Records of Garrett Coun-
ty, Maryland, certified copy of said
deed being filed herewith, marked
"Plaintiffs' Exhibit No. l." and
prayed to be taken and considered as
a part hereof;
?. All those other lots, pieces or
parcels of land situate as aforesaid,
known and designated as Lots Nos.
81 and 50 in Rafter's Addition to said
town Of Kitzmiller, and being the
same which were conveyed unto
Waldys Werygo by deed from A. f.
Rafter and wife, bearing date the
18th day Of June, 1915, and recorded
in Liber E. Z. T., No. 6S, folio All,
enc Of the Land Records Of Garrett
County, Maryland; that the said
Frank J. Kirby during his lifetime
had purchased the aforesaid parcels
Of land from Robert l.. Wilson, who
held the legal title and who was at
the time holding the same as a trus-
tee for the First National Bank of
kitzmiller, Maryland, and paid for
the same over a period of time in If
regular instruments, but at the time
Of the death Of said Robert L. Will
son, no deed of conveyance had been
made to the said Frank j. Kirby, al
though it was the understanding and
intention to make good and suffi-
Gent deed to the said Frank J
Kirby; that on December Is, 1888,
the said parcels of land then stand
ing in the name of the said Robert L.
Wilson were advertised and sold at a
Treasures Tax sale, the said Frank
j. Kirby being then and there the
purchaser Of said lots and paid there
for the sum of one hundred and twen-
ty-eight dollars and seventy-six cents
($128.76), the receipt for which is
hereby filed and prayed to be taken
and considered as a part of this petit
ton marked "Plaintitfs' Exhibit No.
81; that while seized and possessed
Of the aforesaid property, and which
had been in possession of the said
Frank J. Kirby over d long period of
years, the purchase was made at the
Tax Sale in order to perfect or clear
the title to said land, but it developed
that said Tax Sale was irregular and
never ratified, and, therefore, no deed
conveying the title to the said Frank
j. Kirby was ever executed to said
land and the title to said land was,
therefore, incomplete at the time of
the death of the said Frank J. Ki'-
by, reference to which said proceed
ings is hereby made and which is No
1914 Miscellaneous in the Circuit
Court for Garrett County, Maryland
that your petitioners are all Of the
heirs at law of the said Frank J
Kirby and are the legal and equita-
bic owners of the property herein de-
scribed and are entitled to their re-
spcctive shares in and to said prop
erty and that inasmuch as the said
real estate is not susceptible of par
tition in kind without material loss
and injury to the owners entitled to
interests therein, as above stated, and
that in order to make division of said
interests. it will be necessary that
the said real estate he sold and the
proceeds thereof be divided amongst
the parties according to their respec-
tive interests.
The bill then prays for a decree foI
the sale of the real estate, for the
division of the proceeds among those
entitled to receive the same, for gen.
cral relief, for the writ of subpoena
against resident defendants and the
Order of Publication against the non
resident defendants.
TT is TUERFUPON. this DIST dav