Frederick-Washington County MD Archives Court.....Holtz, Et Al May 10, 1895
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File contributed for use in USGenWeb Archives by:
Susan Clark spoppclark@netscape.net October 29, 2008, 3:48 pm

Source: Frederick News, 11 May 1895, P. 4
Written: May 10, 1895

Order of Publication
No. 6400 EQUITY
In the Circuit Court for Frederick County, in Equity.
Albert B. HOLTZ and others vs. Benedict N. M. HOLTZ and others.
In the matter of the sale of the real estate of John HOLTZ, late of Frederick
County, deceased.
   The object of this proceeding is to obtain a decree for the sale of the real
estate of which John HOLTZ, 
late of Frederick County, Maryland, died, seized and possessed.
   The bill states that said John HOLTZ died on April 1st, 1895, intestate, seized
and possessed of two 
parcels of land situated in Frederick County, to-wit:
   First, a farm of 118 acres more or less, lying north of Frederick City, called
"Benedict's Rest," being 
the same land acquired by the last will and testament of his father, Michael HOLTZ,
deceased. 
  Second, a mountain lot of 27 1/2 acres acquired by said John HOLTZ in his life
time by deed from Ezra 
HOUCK and others, executors, dated December, 1850, and recorded among the Land
Records of 
Frederick Count.  That said John HOLTZ, deceased, left surviving him no widow nor
child, nor 
descendant, nor brother, nor sister, but the following named nephews and nieces,
children of his 
deceased brothers, of the whole blood to whom the lands have descended as his heirs
at law, to-wit: 
1. Albert B. HOLTZ, Harriet V. HOLTZ and Ann R. STULL, the latter of whom is married
to Frederick A. 
STULL, the two former being unmarried, all of whom are adults and reside in
Frederick County.  These 
three heirs being children of Jacob HOLTZ, a deceased brother of John HOLTZ.
2.  Benedict N. M HOLTZ, whose wife's name is Phebe HOLTZ, both of whom are adults
and reside in 
Springfield, Ohio, and Vallietta B. WOODWARD, whose husband's name is Charles B.
WOODWARD, both 
of whom are adults and reside in Wilmington, Delaware.  These two heirs being the
children of George 
HOLTZ, another deceased brother of said John HOLTZ, deceased.
3.  Cordelia SOCKS, whose husband's name is John SOCKS, Mary Ann RIDENOUR, whose
husband's 
name is HIram RIDENOUR, all of whom are adults and reside in Washington County,
Maryland, Ann 
Rebecca BATES, whose husband's name is John BATES, both of whom are adults and
reside in 
Vincennes, Indiana, and Samuel HOLTZ, unmarried as far as known, and who is supposed
to be living in 
Grand Rapids, MIchigan, but who has not been heard from for 12 years.
   These four last mentioned heirs being the children of Michael HOLTZ, another
deceased brother of 
said John HOLTZ, deceased.
   That there are also living in Washington County, Maryland, several children of
Isaiah HOLTZ, a 
deceased son of said Michael HOLTZ, but that said children being great nephews and
nieces of the 
intestate John HOLTZ, are excluded from the inheritance and are not therefore made
parties to this 
proceeding.  The Bill further states that said real estate is not susceptible of
division among the said 
heirs without loss and injury, and that it will be necessary to sell said real
estate and divide the 
proceeds among the parties entitled according to their respective interests therein,
the heirs desiring, 
however, to reserve to their joint and several use the right to preserve, maintain
and visit the family 
burying ground on said farm of 118 acres.
   The bill prays that a decree may be passed for the sale of said real estate and
the division of the 
proceeds of such sale among the parties according to their respective rights and
interests.
   All the aforementioned non-residents of the State of Maryland having consented in
writing to the sale 
of said property for the purposes above named, except Samuel HOLTZ, who is unknown
to be living or 
dead.
   It is thereupon this 10th day of May, A. D. 1895, ordered by the Circuit Court
for Frederick County in 
Equity, that the Complainants, by causing a copy of  this order to be inserted in
some newspaper 
published in Frederick County once in each of four successive weeks prior to the
10th day of June, 
1895, give notice to the said absent defendant of the object and substance of this
Bill, warning him to 
appear in this Court in person or by solicitor on or before the 27th day of June,
1895, to show cause, if 
any he has, why a decree ought not to pass as prayed.

(Filed May 10th, 1895)
John L. JORDON, Clerk of the Circuit Court for Frederick Co.
G. H. WORTHINGTON, Solicitor.

  

Additional Comments:
Albert B., Benedict N. M., John, Michael, Harriet V., Ann R., Jacob, Vallietta B.,
George, Cordelia, Mary Ann, 
Ann Rebecca, Samuel, Isaiah, Michael.

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