The globe-independent. (Hagerstown, Md.) 1943-19??, 1949-09-22

who departed this life on or about
/ April 18th, 1898, intestate, in Wash
lngton County, Maryland, leaving
surviving her widower, Charles
Washington Green, now residing at
Rouzersville, Franklin County Penn
/ sylvania, that the said Lana Houpt
| Green and Charles Washington
Green, her husband, had a son
named Lewis Green, who departed
this life unmarried, intestate, on or
about October End, 1910, at Mt. Nor
iris, Indiana, leaving as his only
heir-at-law, his father, the said
Charles Washington Green.
That in addition to the above
named heirs and next of kin the
said Joseph Houpt left surviving
his widow, namely, Annie Snyder
Houpt, who departed this life in the
year 1880 at Troy, County of Miami,
State of Ohio, leaving a Last Will
and Testament in which she author
lied her EXecutrix, Nettie E. Glib
honey, to sell and convey her real
and personal property and to dis
tribute the residue, after certain
specific requests, in equal shares,
one-siXth to each of her sons and
daughters, namely Oscar Snyder.
John Snyder, Thomas Snyder, Cliff
ford A. Snyder, Nettie E. Gibboney
and Susan Simon, the share of said
Susan Simon to be distributed to
Nettie E. Gibboney, in trust for the
said Susan Simon for life, then in
trust for the three minor children
of said Susan Simon, namely Thomas
Edison Simon, Lillian Simon and
lChlorinanna Simon, the respective
shares of said children to be dis
tributed to each when they became
Iof legal age; that all of said children
are now of legal age and non-resi-
dents of the State of Maryland: that
said will of Annie Snyder Houpt
was probated and recorded in the
County of Miami, State of Ohio, on
the 18th day of November, 1880, and
an exemplified copy thereof has
been recorded in Wills Liber IS,
Folio 500 one of the Wills Records
of Washington County, which rec
ord is hereby referred to and made
part hereof.
That there are no other heirs-at-
law of the said Joseph Houpt than
those above named, within the
knowledge of your Petitioners.
Third: That the interests of all of
the above named heirs, and their
respective husbands and wives lex
cepting that of the named Defend
plainants, Roy P. Harp, Wilbur U.
Harp and Dolly " Harp, his wife,
as joint tenants, by Harvey M.
Miller, duly appointed and author
lied attorney-in-fact for the Grant
ors, by deed dated the LIST day of
July, AID. 1949, and recorded among
the Land Records OF Washington
County in Liber No. 252, Folio $40,
certified copy of which deed,
marked Compliments Exhibit
Deed" has been filed in this cause
and is prayed to Oe taken as part
hereof.
Fourth: That said lot of ground is
not susceptible of partition without
material loss and injury to the par
ties having interests therein, and
in order to make division of said
interests, it will be necessary that
said real estate be sold and the
proceeds derived therefrom divided
among the parties entitled thereto
according to their respective inter
iests.
Fifth: That the Defendants, Della
E. Moser and Weaver Moser, her
husband, are residents of Washing
ton County, State of Maryland, and
reside at or near the Village of
IBoonsboro, in said County; that the
last known place of residence in
Maryland of the Defendant, David
y. Reese was 627 North Mulberry
Street, Hagerstown, Maryland, but
that he departed from the State of
Maryland several years ago and
when last heard from was travelling
from place to place and his present
whereabouts is unknown to your
Petitioners although diligent inquiry
has been made to ascertain the
same; that the Defendant, Charles
Washington Green, is a nonresident
of the State of Maryland, and now
resides at Rouzersville, Franklin
County, Pennsylvania; that as to the
Defendants, Oscar Snyder, John
Snyder, Thomas Snyder, Clifford A.
Snyder, Nettie E. Gibboney, Susan
Simon, Thomas Edison Simon, Lii
liam Simon, Chlorinanna Simon and
Nettie E. Gibboney, Executrix of
Annie Snyder Houpt, and Nettie e.
Gibboney, Trustee as above set
forth, the Compartments have been
informed that all of said Defendants
reside in or about the City of To-
ledo, State of Ohio, and although
diligent inquiry has been made, the
Compliments have been unable to
ascertain their present whereabouts
or whether they be living or dead,
and if dead, whether they or any
of them left surviving spouses or
heirs who are unknown.
The Bill then prays:
l. That a decree may be passed
for the sale of said real estate and
a trustee may be appointed by your
Honorable Court for that purpose.
2. That the proceeds of sale may
be distributed by said Trustee
among the parties entitled thereto,
according to their respective in
terests therein.
8. That the Compliments may
have such other and further relief
as their cause may require.
It is thereupon this 18th day of
August, AID. 1949, ordered by the