Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1960-10-27

Wheresoever Situate
Respondents
Order of Publication
The object of this proceeding
is to procure the sale of the
within described realty, the pay
ment of the taxes and debts
against the same, and The dis
tiibution of the net proceeds
thereof among all of the heirs
entitled thereto, including the
petitioner. The Bill of Complaint
states in substance, as follows:
That the petitioner, Inez j.
Lomax, is the lawful widow OF
Nelson K. Lomax, who died,
testate, on May IL, 1860, in
Montgomery County, Maryland,
leaving all of his estate to the
petitioner; that Nelson K. Lo-
max was the son of one William
Lomax, who died a widower, in
testate, in Montgomery County,
Maryland, about the year 1908;
that there remains about three
acres of land according to the
Land Records of Montgomery
County which should be distrib-
uted among the heirs of the said
William Lomax, including this
petitioner; that, to the best of
petitioners knowledge, informa-
ton and belief, the said Will
liam Lomax was the father of
nine children, viz: Joseph Lo-
max, James Lomax, Emanuel
Lomax, Nelson K. Lomax, Isaac
Wilson Lomax, Emma Lomax
Dodson, William Lomax, Dang
erfield Lomax and Peter Lo-
max; that to the best of petit
toner's knowledge, information
and belief, Joseph Lomax, James
Lomax, Emanuel Lomax and
Peter Lomax died, intestate, I'M
married and without issue; that
petitioner understands but does
not know that Emma Lomax
Dodson, William Lomax, son of
the first above named William
Lomax, and Daingerfield Lo-
max died intestate leaving sur
viving heirs at law, and there
may be other heirs of which pc
titioner has no knowledge; and
that petitioner is not certain as
to the whereabouts of said heirs.
That Joseph Lomax and
Emanuel Lomax, brothers of
Nelson X. Lomax, died unmar-
ried, intestate and without issue,
seised of approximately 28.47
acres of land of record in Liber
CKW 800, Folio $40, of the Land
Records Of Montgomery Coun-
ty, Maryland; that this petition
er, as the sole beneficiary under
the will of Nelson X. Lomax, is
entitled to an interest in and to
both said tracts of land; that it
is impractical to partition said
parcels of land for distribution
in kind among the many heirs
thereto; that there are both in.
heritance taxes and ad valorum
taxes, as well as other indebt-
edness against said lands to be
paid; and, therefore, the best
interests of all heirs would be
served by selling said land, pay
ing the taxes and other debts,
and distributing the net pro-
ceeds thereof to the heirs en-.
titled to receive the same; and,
therefore, petitioner prays that
a trustee be appointed to sell
said land, that the taxes and
debts be paid, that the Court de-
termine who are the lawful
heirs of the said William Lo-
max, Joseph Lomax and Eman-
uel Lomax, and order the net
proceeds of said sale distributed
among the heirs entitled to re-
ceive the same.
1T is, THEREUPON, this
14th day of October, 1860, by
the Circuit Court for Montgom-
cry County, Maryland, sitting as
a Court of Equity,
ORDERED, that the petition.
er, by causing a copy of this or.
der to be inserted in some news.
paper of general circulation,
published in Montgomery Coun-
ty, Maryland, once a week in
each of four successive weeks,
before the 18th day Of Novem.
Der, 1860, give notice to any and
all heirs at law of William Lo.
mox, Deceased, Joseph Lomax,
Deceased and Emanuel Lomax,
Deceased, wheresoever situate,
and any and all other persons
having or claiming an interest
in the premises of the object
and substance of this bill and
warning them and each of them
to file their initial pleading
herein on or before the 10Th day
of December, 1860, to show
cause If any they or any Of
them have, why decree ought
not to be passed as prayed, or
in the alternative, by causing a
copy of this order to be person.
ally served upon each known.
determinable or presumed heir.
OF the said William Lomax, De.