Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1955-07-07


Pipe Line Corporations it's sue
cessors and assigns, a right-of-
way and easement in, on, over
and under the said strip of land
for the purpose of constructing,
operating, maintaining and re-
moving pipe line with valves,
regulators, meters, fittings, ap-
planes and appurtenant facili-
ties for the transportation of ma
tural gas.
2. The defendants, Hazel L.
Welsh, Woodrow w. Welsh, Lu-
ellie w. Fletcher, James E.
Welsh, Paul A. Welsh and Ruth
l. Hershberger, are the children
of James B. Welsh, deceased, and
Melissa E. Welsh, his wife; the
defendants, Louise A. Welsh, Ed
ward E.. Fletcher, Genevieve
Welsh, Margaret Welsh and
Aaron Wilson Hershberger, are
the spouses, respectively, of said
defendants Hazel L. Welsh, Luz
ellie w. Fletcher, James E.
Welsh, Paul A. Welsh, and Ruth
l. Hershberger, the infant defend
ants, Aston Welsh, Melissa
Welsh, Mary Ann Welsh and
Thomas Welsh are the children of
said defendants, Hazel L. Welsh
and Louise A. Welsh; the infant
defendant, Harry Fletcher, is the
child of said defendants, Lucille
w. Fletcher and Edward E.
Fletcher; the infant defendants,
Elizabeth Welsh and James Ed
ward Welsh, Jr. are the children
of said defendants, James E.
Welsh and Genevieve Welsh; the
infant defendant, Allen Welsh is
the child of said defendants Paul
A. Welsh and Margaret Welsh;
and the infant defendants, Sandra
Hershberger and Mary Hersh-
berger are the children of said
defendants, Ruth 1. Hershberger
and Aaron Wilson Hershberger.
3. Your petitioner has acquired
by contract with said Melissa E.
Welsh, life tenant, a right-of-way
and easement across said lands
for the construction, operation
and maintenance thereon of one
or more pipe lines, as will appear
from the right-of-way agreement
dated December Z, 1949, duly ex-
ecuted by Melissa E. Welsh, and
recorded among the Land Rec
ords of Montgomery County in
Liber C.K.W. No. 1886, Folio "a,
but you petitioner is informed
and believes, and, therefore, AYERS
that the said life tenant, under
the terms of said Last Will and
Testament of James B. Welsh,
was and is without power to bind
the said remaindermen, the de-
PENDANTS herein named, and that
the right-of-Way and easement so
granted by Melissa E. Welsh to
your petitioner will cease and be
of no effect upon her death.
4. That petitioner has attempt
ed to acquire said right-of-way
and easement by contract with
the named defendants, but has
been unable to acquire same by
contract and unable to agree with
defendants as to the compensa-
ton to be paid them therefor.
5. That the living defendants
named herein are residents of
Montgomery County, State of
Maryland.
6. That petitioner has Joined
as defendants herein the living
grandchildren of the said James
B. Welsh, deceased, and the I'M
born issue of the children of
James B. Welsh, who may sur
vive their parents and be living
at the death of the said life
tenant, Melissa E. Welsh, for the
reason that this Honorable Court,
upon a proper construction of the
terms and provisions of the said
Last Will and Testament of
James B. Welsh, may determine
that such grandchildren and un-
born children may at some fu-
ture time or times become en-
titled to interests in said lands
above referred to and, therefore,
may deem it necessary, under
the applicable statutes of the
State of Maryland relating to the
exercise of the right of eminent
domain, to enter judgment of con-
demnation against said grandchil-
dren and said unborn issue; but
your petitioner stands ready to
dismiss this petition as to such
grandchildren and unborn chill
dren should this Honorable
Court determine that they are not
necessary parties to this petition.
7. Petitioner further states that
there is now pending in the Cir
cult Court for Montgomery Coun-
ty a proceeding entitled Trans.
continental Gas Pipe Line Corp
Grafton VS.. Hazel l.. Welsh, ct al,
Law Docket No. 620, being a pro.
ceedings seeking to condemn the