Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1946-10-31


OF partition.
The Bill states in substance as
follows: That certain Henry
Nolte departed this life on or
about January 20, 1881, resident
of Montgomery County, Maryland,
leaving a last will and testament
! dated November |, 1929, duly pro-
bated by the Orphans Court of
said County on February IL, 1881,
by which will he devised all of
his real estate of his wife, Eliza
beth Nolte, for life with remainder
to his eight children: Mary A.
Fitzgerald, Frank Nolte, William
A. Nolte, Elizabeth C. Nolte, John
II. Nolte, Joseph b. Nolte, Andrew
L. Nolte and Helen X. Nolte. In
cluded in said real estate is that
described in a deed from Henry l.
Adams, ct uX, dated March 8,
1855. recorded in liber Ugh. A,
folio 2O8, containing "a acres,
together with right of way; ex-
cepting there-from two parcels
described in a deed to John Hile
and Mary Elizabeth Hile for 21a
acres and 10 square perches, more
or less, together with right of way,
Gated October 81, 1894, recorded in
hber j. A. 46, folio 252; and in
a deed to Joseph H. CisseI for
3.7l acres, more or less, dated
November %, 1925, recorded in
l.ber 1888, folio 1888. That the Frank
Nolte mentioned in said will was
also known as Frank H. Hile, and
departed this life on February 2,
1887, a resident of the District of
Columbia, intestate, leaving sur
wing him his widow, the defend
ant, Augusta M. Hile, and his half
brothers and sisters (the same
mentioned in the Will of Henry
Nolte aforesaid), his mother hav-
ing departed this life many years
ago; he being the same person
named in the Will of Henry Nolte
aforesaid as Frank Nolte. That the
said Elizabeth Nolte, widow of
Henry Nolte, departed this life a
resident of said County, intestate,
on or about June 10, 1943 That
MaryH A., FIitzerald, daughter of
Henry Nolte, departed this. life on
on about October 30, 1886, intes-
, tate, leaving surviving her as her
/ only heirs at law her husband,
/ Garrett . "A ~ fitzgerald and six
children: Thomas H.. Fitzgerald,
=. William G. Fitzgerald, Joseph V.
; Fitzgerald and Paul f. Fitzgerald,
, all unmarried, and Catherine f.
Daleske, widow, and Ann Eliza
. beth Fitzgerald, all of whom are
Of full age and plaintiffs in this
suit except Ann Elizabeth Fitz-
gerald. That the said Ann Eliza
beth Elizabeth departed this life
, on or about the 18th of December,
, 1888, intestate, a resident of said
County, leaving as her only heir
; at law her father, Garrett A. FitZ-
gerald. That the said Garrett A.
| Fitzgerald a resident Of said Coun-
ty departed this life on or about
kpril 5, 1945, intestate, leaving
surviving him as his only heirs at
law his children, the said Thomas
II. Fitzgerald, William G.. Fitz-
gerald, Joseph b. Fitzgerald, Paul
f. Fitzgerald and Catherine +. Da-
leske. That the plaintiffs, William
A. Nolte intermarried with Annie
r Nolte; Elizabeth N. O'Shea
mentioned in the will as Eliza
, beth c. Nolte) intermarried with
Alexander OSh1a; Joseph B..
/. Nolte intermarried with Grace L..
+ Nolte; and Helen X. Haugh (men-
toned in the will as Helen r..
Nolte) intermarried with j. Milton
Haugh. That the defendant, Au-
gusta NJ. Hile, is a nonresident
Of the State of Maryland, and is
Of full age; her last known resi-
Gence being the City and State Of
4 New York.
That the real estate aforesaid,
of which the said Henry Nolte died
seized and possessed, is not sus-
ceptible Of partition without ma
terial loss and injury to the parties
entitled to interest therein as
above stated. and that in order to
make a division Of said interests
il will be necessary that said real
estate be sold and the proceeds
derived therefrom divided amongst
the parties according to their sew
eral interests.
Prayers. That a decree may be
passed for sale of said real estate
and that the proceeds therefrom
be distributed amongst the parties
in accordance with their respective
rights and interests; that a
trustee or trustees be appointed
lty this Honorable Court for said
purpose; and for such further and
ether relief as the nature Of their
case may require.
4 It is thereupon this 14th day Of
October, in the year 1916, ORDER
ED by the Circuit Court for Mont
gomery County, sitting as Court
Of Equity, that the plaintiffs by
causing copy of this Order to be
inserted in some newspaper pub
lshed in said Montgomery County
once in each of four successive
weeks before the 10th day Of No
vember, 1916, give notice to the
said nonresident defendant, Au-
gusta NJ. Hile, of the object and
substance Of this Bill, warning her
to be and appear in this Court. IN
person or by solicitor, on or be-
fore the 9Th Of December 1916, TO
show cause, if any she had, why
a decree ought not to be passed as
prayed.
| CLAYTON X. WATKINS,
Clerk Of the Circuit Court
for Montgomery County.
True Copy-Test.
CLAYTON X. WATKINS,
1920 Clerk.
!