The globe-independent. (Hagerstown, Md.) 1943-19??, 1949-09-15


ington 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
ris, 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 T.. Glib
honey, to sell and convey her real
and personal property and to dis
tribute the residue, after certain
specific bequests, in equal shares,
one-sixth to each of her sons and
daughters, namely Oscar Snyder,
John Snyder, Thomas Snyder, Cliff
ford A. Snyder, Nettie f. Gibboney
and Susan Simon, the share of said
Susan Simon to be distributed to
Nettie f. Gibbohey, 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
Chlorinanna Simon, the respective
shares Of said children to be dis
tributed to each when they became
of 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, 1890. and
an exemplilied 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
ants), was conveyed to the said Com
plainants, Roy p. Harp, Wilbur U.
Harp and Dolly V. 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 440,
a certified copy of which deed,
marked Compliments Exhibit
Deed" has been filed in this cause
and is prayed to be 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
the parties entitled thereto
according to their respective inter
ests.
Fifth: That the Defendants, Della
+. Moser and Weaver Moser, her
are residents of Washing
ton County, State of Maryland, and
reside at or near the Village of
Boonsboro, in said County; that the
last known place of residence in
Nor lanl Sf fha nnfa,Ionf nnxti1
J. Reese was 627 North Mulberry
Street, Hagerstown, Maryland, but
that he departed from the State of
several years ago and
when last heard from was travelling
from place to place and his present
is unknown to your
Petitioners although diligent inquiry
has been made to ascertain the
same; that the Defendant, Charles
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 f. Gibboney, Susan
Simon, Thomas Edison Simon, Lii
liam Simon, Chlorinanna Simon and
Nettie E. Gibboney, ExecutriX of
Annie Snyder Houpt, and Nettie e.
Trustee as above set
forth, the Compliments have been
that all of said Defendants
reside in or about the City of To-
Iedo, State of Ohio, and although
inquiry has been made, the
Compliments have been unable to
ascertain their present whereabouts
Dr. whether they be living or dead,
and if dead, whether they or any
IF 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
Court for that purpose.
2. That the proceeds of sale may
De distributed by said Trustee !
the parties entitled thereto,
according to their respective in
.erests therein.
8. That the Compliments may
nave such other and further relief
as their cause may require.
1t is thereupon this 10Th day of |
August, AID. 1949, ordered by the
Circuit Court for Washington Coun