Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1946-10-17
ORDER OF
DUPLICATION

1fain real estate III H'S
Connty, Maryland, for the purpose
OF partition. ,,h,+onoo &c
s,liows. That certain Henry
Nolte departed this life on or
cbout January 29, 1881, a resident
Of Montgomery County, Maryland,
leaving a last will and testament
Jated November l, 1929, duly pro-
hated nv the Orphans Court OF
said County on February II, 1881,
hv 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
4 Nolte, Elizabeth C. Nolte, John
VI Nolte. Joseph b. Nolte, Andrew
!, Nolte and Helen R. Nolte. In
cluded in said real estate is that
described in deed from Henry /.
Adams, ct ux, dated March 3,
1855 recorded in liber J.G.H. 4,
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 219
acres and 10 square perches, more
or less, together with right Of way,
Gated October 81, 1894, recorded in
lber J. A. 46, folio 252; and in
a deed to Joseph H. Cissel for
3.7l acres, more or less, dated
November %, 1925. recorded in
Lber 1888, folio 1888. That the Frank
Nolt, 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, 1913. That
Mary A. Fitzerald, daughter of
Henry Nolte, departed this life on
or about October 80, 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 E.
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,
1898, 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 resident of said Coun-
ty departed this life on or about
april 5, 1915, 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 E. Da-
leske. That the plaintiffs, William
A. Nolte intermarried with Annie
X Nolte; Elizabeth N. O'Shea
mentioned in the will as Eliza
beth T.. Nolte) intermarried with
alexander O'Shea; joseph B.
Nolte intermarried with Grace /,
Nolte; and Helen R. Haugh (men-
toned in the will as Helen R
Noltel intermarried with j. Milton
Haugh. That the defendant. Au-
gusta M. Hile, is a nonresident
o. the State of Maryland, and is
Oh 1ull age; her last known resi-
cehce beng the City and State of
New York. e u
That the real estate aforesaid
OF which the said Henry Nolte died
seized and possessed, is not sus-
cceptl6le OF partition without ma
teriai loss and injury to the parties
entitled to interest therein as
above stated. and that in order Ia
make a division of said interests
lt will be necessary that said real
estate be sold and the proceeds
derived therefrom divided amongst
the parties according to their sew.
eral interests.
rrayers. That a decree NAV he
passed for sale of said real estate
Inu mat the proceeds therefrom
re distributed amongst the parties
~ accordance with their respective
,Ignts and interests; that a
ts.ustee or trustees be appointed
~ this honorable Court for said
purpose; and for such further and
o'iler relief as the nature of their
case may require.
oot C Is tnereupon this 18th day of
G,E IN the year 1916, ORDER
nD Dy the Circuit Court for Mont
eVmery county, sitting as a Court
20 Equity that the plaintiffs by
causing copy of this Order To he
Inserted hiSerIed IN some newspaper pub-
nshed in said Montgomery Copntv
V weoI IN each of four successive
v weeks before the 10Th day of No
s seii11oer' 1916, give notice TO the
o "ns.. nonresident defendant, Au-
sTSss M. Hile, of the object and
ff ~ of this Bill, warning her
ner We and appear in this Court. in
fore eO !, or by solicitor, on or be-
show 'n na 9th Of December 1916. to
decrea Gus, II any she had, why
prayed. ''o' W DE passed as
LAYTON X. WATKINS.
'erE Of the Circuit Court
True Cow lor Montgomery County.