Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1952-10-09

Welsh and James Edward Welsh,
Jr., are the children of said de-
PENDANTS, James E. Welsh and
Genevieve Welsh; the infant de-
PENDANT, Allen Welsh, is the child
of said defendants Paul A. Welsh
and Margaret Welsh; and the in
FAINT defendants, Sandra Hersh-
berger, are the children of said
defendants, Ruth l. Hershberger
and Aaron Wilson Hershberger.
a. That the petitioner has &C.
CURED by contract from the said
Melissa E. Welsh, life tenant, a
right of way and easement across
said lands for the construction,
operation and maintenance thereon
of its said pipe line system, as will
appear from the right-of-w way
agreement dated December 7, 1949,
duly executed by Melissa E. Welsh
and recorded among the Land Re-
cords of Montgomery County in
Liber C. X. W. No. 1886, folio "a,
d copy of which is attached to the
petition and marked as Exhibit 8,
but that the petitioner is informed
and believes that the said life ten
ant under the terms of said Last
Will and Testament of James B.
Welsh, was and is without power
to bind the remaindermen, the de-
PENDANTS named in said petition,
and that the right-of-way and ease
ment so granted by her will cease
upon her death, that for the pur-
pose of the present, future, con-
tinuous and uninterrupted opera
ton and maintenance of said pipe
line it is necessary that the petit
toner acquire at this time a per-
manent right-of-way and easement
over the lands described.
5. That the petitioner has at
tempted to acquire said right-of-
way and easement by contract with
the named defendants and to agree
with such persons as to the COM
pensation to be paid therefor, that
il cannot acquire said right-of-way
ond easement by contract with the
ramed defendants therein or agree
with such persons as to compensa-
ton to be paid therefor, and that
one of such persons has threatened
to institute legal proceedings to
compel the removal of said pipe
line from said lands, that it IS
necessary that petitioner acquire
said right-of-way and easement by
the exercise of its right of eminent
domain conferred upon it.
6. That the petitioner has joined
as defendants herein the living
grandchildren of the said James
B. Welsh, deceased, and the unborn
issue of the children of James
B. Welsh, who may survive their
parents and be living at the death
of the said life tenant, Melissa E.
Welsh, since this Court, upon a
proper construction of the terms
and provisions of the Last VIII
and Testament of James B. Welsh,
may determine that such grand
children and unborn children may
at some future time or times be-
come entitled to interests in said
lands above referred to, and may
deem it necessary, under the ap-
plicable statutes of the State of
Maryland relating to the exercise
of the right of eminent domain,
to enter judgment against said
grandchildren and said unborn
issue, and further AYERS
that said petitioner stands ready
to dismiss said petition as to such
grandchildren and unborn children
should the Court determine that
they are not necessary parties to
said petition. The petition fur
Their states that the living defend
ants therein named are residents
of Montgomery County, State of
Maryland.
7. The petition then prays that
the property described therein may
be condemned so that the petitioner
may acquire therein the right-of-
way and easement as therein set
forth and described, together with