BAKER, et ux vs COLEMAN, et al

LAW OFFICES
JOHN C. SULLIVAN
ALGONQUIN
CUMBERLAND, MARYLAND
IN THE CIRCUIT COURT Or
ALLEGANY COUNTY, MARYLAND.
CATHERINE BAKER, ET UX.,
PLAINTIFFS, VS. WILLIAM COLEMAN, ET AL. DEFENDANTS
NO. 27008 EQUITY
ORDER OF PUBLICATION
This is to give notice that on the 18th day of July, 1963, a Bill of Complaint was filed in the Circuit Court for Allegany County, Maryland by the Plaintiffs against the following resident and nonresident Defendants, namely:

William T. Coleman, Springfield, West Virginia:

Daniel M. Coleman, Midland, Maryland;

Michael S. Coleman and Annie Coleman, his wife, Frostburg, Maryland;

Patrick Coleman and Florence Coleman, his wife, Midland, Maryland, Nettie Knippenburg, 134 Centre Street, Cumberland, Maryland;

Boyd Coleman and Evelyn Coleman, his wife, Winchester Road, Cumberland, Maryland;

Mary Baker and Robert Baker, her husband, Ridgeley, West Virginia;

Catherine Hess and Charles Hess, her husband, Cumberland, Maryland;

James P. Mills and Ethel Mills, his wife, R.F.D. Ocean, Frostburg, Maryland;

Ruth Lippold and Walter Lippold, her husband, 63 Greene Street, Cumberland, Maryland;

Mildred Cocklin and F. W. Cocklin, her husband, 4813 Rolling Hill Road, Pittsburgh, Pennsylvania;

Annie Pressman and Bernard Pressman, her husband, 168 East Maple Dale Avenue, Akron, Ohio;

Mary Jackson and Robert Jackson, her husband, Midland, Maryland;

William E. Mills and Margaret Mills, his wife, Midland, Maryland;

Earl Mills, Midland, Maryland;

Bernard O'Brien and Mary O'Brien, his wife, LaVale, Maryland;

Agnes Mattingly and Leo Mattingly, her husband, 25936 Belle Air, Roseville, Michigan,

Frances Hawkins and Charles Hawkins, her husband, 717 South 4th Lafayette, Indiana;

Beatrice Summers, Midland;

Edna Custer and Troxell Custer, her husband, 7845 Baltimore Street, Baltimore 24, Maryland;

Patrick O'Brien and Eileen O'Brien, his wife, Route 3 Box 15, Lothian, Maryland;

William O'Brien and Maxine O'Brien, his wife, 1342 McLaine Street, Lincoln Park, Michigan;

Daniel O'Brien and Pauline O'Brien, his wife, Midland, Maryland;

Hugh Coleman and Jean Coleman, his wife, Midland, Maryland;

Mary Harrison and Joseph Harrison, her husband, 205 Putram Lane, Weirton, West Virginia;

and John I. Coleman and Alice Coleman, his wife, 505 Dunbar Drive, Cumberland, Maryland. 

The petition alleges in substance that all the parties to this suit are adults and spouses and grandchildren of John S.. Coleman and Ellen M. Coleman, his wife.  The said John S. Coleman predeceased his wife, intestate, seized and possessed of all that certain real estate contained in deed dated April 5, 1901, and recorded among the Land Records of Allegany County, Maryland, in Liber 89 folio 340.  The said Ellen M. Coleman. who acquired a one third interest by law in said property, died testate May 6, 1932, and under her Last Will and Testament she devised all her property to her children.  That the hereinafter named children and grandchildren of the said Ellen M. Coleman acquired a two-third (2/3) interest by law from the deceased John S. Coleman and one-third (1/3) interest from the deceased Ellen M. Coleman. That the following children and grandchildren are now living and are entitled to an interest in said property, namely,
William Coleman, son;
Daniel Coleman, son; Michael Coleman, son;
Patrick Coleman, son;
Boyd Coleman, grandson;
Mary Coleman, granddaughter;
Catherine Coleman, granddaughter;
Nettie Knippenburg, daughter-in-law;
James P. Mills, grandson;
Ruth Mills Lippold, granddaughter;
Mildred Cocklin, granddaughter;
Annie Pressman, granddaughter;
Mary Jackson, granddaughter,
William Mills, grandson;
Earl Mills, grandson;
Bernard O'Brien, grandson;
Agnes Mattingly, granddaughter;
Frances Hawkins, granddaughter,
Beatrice Summers, granddaughter,
Catherine Baker, granddaughter,
Edna Custer, granddaughter,
Patrick O'Brien, grandson;
William O'Brien, grandson;
Daniel O'Brien, grandson;
Hugh Coleman, grandson;
John Coleman, grandson;
and Mary Harrison, granddaughter. 
That the aforesaid parties to this suit are the only parties now seized and possessed of an interest in said property. That said real estate cannot be divided without loss or injury to the parties entitled to an interest therein and in order io make a division of said interest, it is necessary that the property be sold and the monies arising therefrom be divided among the parties according to their respective interests.  The relief prayed for is that a Decree may be passed by the Circuit Court for Allegany County, Maryland, appointing a trustee for the sale of the property and a division of the proceeds among the parties to the said cause according to their respective interests. WHEREUPON, it is ORDERED by the Circuit Court for Allegany County, Maryland, this 18th day of July, 1963 that the Petitioners cause a copy of this Order to be inserted in a newspaper published in Allegany County, Maryland, once in each of four successive weeks before the 20th day of September, 1963, why a Decree should not be passed as prayed.
JOSEPH E. BODEN,
Clerk
TRUE COPY; TEST
(Courtesy of Shawn McGreevy)
Posted November 19, 2011 

BARKLEY, George vs BARKLEY, Mrs. Elizabeth Kroll, nee Crowe

ASHLAND — Suit for divorce has been filed in Ashland common pleas court by George Barkley against Elizabeth  Barkley on grounds of wilful absence. The couple were married May 21, 1927[sic, 1937], in Cumberland, Md., and have four children*.
October 18, 1941, Ashland, OH.
(Courtesy of Sheryl Kelso)
*[Note: children do not appear to be the product of this marriage.  Elizabeth was still married to Herman Kroll, Jr. at the time of his death in 1936, and found living with him in the 1930 Federal Census.]
Posted March 24, 2011

HE'S NOT THE ONLY CRUEL ONE
Judge Keedy Dismisses Mrs. Kate E. Crowe's Suit For Divorce
[Special Dispatch to the Baltimore Sun.]
Hagerstown, Md., June 26- Judge M. L. Keedy, in Hagerstown, dismissed the bill for partial divorce filed by Mrs. Katie Ellen Crowe from Ernest R. Crowe.  Mrs. Crowe alleged cruelty, neglect and failure to provide proper raiment and food.  Judge Keedy says in his opinion that many of the alleged acts of cruelty were of the most trivial character.  One of Mrs. Crowe's complaints was that her husband did not go visiting with her, nor call on her friends.  Judge Keedy says:
"I have no doubt that many other husbands have likewise offended."
The Baltimore Sun, 27 Jun 1908
(Courtesy of Theresa Burba)

DANAHEY, Matthew

Will Demand Compensation From City.
It is expected the surviving daughter and son of the late Matthew Danahey, of Pekin, who died recently from injuries received by a runaway team on Jackson street, will enter suit against the Lonaconing municipality to recover compensation alleged to be due them by the death of their father. Miss Mary Danahey and Mr. John Danahey made formal demand for compensation from the City Council at the monthly meeting of the city officers a few night[sic] ago, requesting that terms of settlement be submitted not later than tomorrow, Saturday, September 11. By authority of the Mayor and Councilmen, City Clerk Durst has written to Miss and Mr. Danahey disclaiming all responsibility for the accident and declining to admit financial liability for the death of their father.
Mr. Matthew Danahey, who was 84 years old, was watchman at the C&P. Railroad crossing near the depot and when the runaway team of Mr. George Ternent, merchant, came tearing down Jackson street, it is said he endeavored to stop the horses. He was struck by the tongue of the delivery wagon and knocked down, and one of the horses, which slipped on a rail, in scrambling to its feet, struck Mr. Danahey in the face and chest with its body, causing injuries from which he died a few days later. It is understood that the heirs of the deceased, through Miss Mary Danahey and Mr. John Danahey, administrators of the estate, will now enter suit to recover the compensation alleged to be due them.
The (Cumberland) Evening Times, Friday, September 10, 1915
~Genie

DANAHEY, Matthew

Town Sued For $5,000
As foretold in this correspondence several weeks ago, the town of Lonaconing has been sued for $5,000 for the death of the venerable Matthew Donahey[sic], of Pekin, who was killed at the crossing of the Cumberland and Pennsylvania Railroad on August 19 last by being injured by a runaway team. Suit has been brought by Miss Mary Donahey[sic] , daughter of the deceased, and the town is charged with negligence in allowing a team to stand on the public street unhitched and unattended, thus enabling the horses to run a way. Miss Danahey also has brought suit against Mr. George Ternent, merchant, as owner of the team, for damages in the sum of $5,000 for the death of her father. Both suits ahe[sic] brought by A. Taylor Smith, attorney for Miss Danahey. David A. Robb is attorney for Lonaconing, and recently advisded the mayor and council to not assume responsibility for the accident to Mr. Danahey whe formal demand for damages was made upon them a short time ago. The suits will prabably[dsic] not come up for trial until the January term of court.
The (Cumberland) Evening Times; Saturday, October 2, 1915
~Genie

Daughter Denies Mother's Charges
Mrs. Mary Plummer Says Her Father Voluntarily Named Her Beneficiary
Charges brought by her mother, Mrs. Aurelia Devore, that she had taken advantage of her father, Johnson C. Devore, during his last illness to prevail upon him to substitute herself in the stead of her mother as a beneficiary under a $2,000 life insurance policy were flatly denied by Mrs. Mary Edna Plummer in an answer filed this morning to the bill of complaint lodged a few days ago by Mrs. Devore.
Mrs. Plummer makes the counter charge that her mother deserted her husband more than eighteen months before his death and that she had exercised cruel and indifferent treatment towards him for the several years antedating his death.

During the last year and a half of his life, Mrs. Plummer claims that her father lived alone and that she cooked for him and otherwise tended to his needs during that time.  She denies that at any time before his death was her father incapable of executing a valid deed of contract and taking care of all ordinary business transactions.
Mrs. Plummer claims that her father made her the beneficiary of his life insurance policy "because of her considerate kindness and attention to him in the sunset of his life".  Out of the face value of the policy she said she paid bills incident to her father's last illness and funeral, amounting to $477.98.
Mrs. Plummer's answer was filed by Morgan C. Harris, attorney.
April 8, 1941, Cumberland Evening Times
Posted June 25, 2010

A FAMILY FEUD
An Interesting Case before Judge Thompson This Afternoon
There was an interesting case in Judge Thompson's court, this afternoon, which grew out of a family feud. It would seem that Mrs. Jos. Loar and Katie Fitzpatrick, of Lonaconing were tried in court today for assaulting little Maggie Dooley, daughter of Michael Dooley, of the same place. After the case had been tried the ladies went to the Queen City depot, where they claimed that young Arthur Dooley, a son of Michael Dooley, made insinuating gestures at them. The ladies were in no humor for being made fun of, so they at once caused young Arthur Dooley to be arrested and taken before the police court, Officer Snyder making the arrest.
In the court the ladies told their story, when the accused asked the privilege of trying his own case. And the way the young man handled it would put to shame the average practicing attorney. Young Dooley is only about 16 years old, and a young man much above the average in intelligence, and so well did he plead his case that the justice dismissed the charges.
Evening Times; Cumberland, Allegany Co, Md - November 09, 1895 - pg 1, col 3
(Courtesy of Pat Dailey)
Posted June 24, 2010

FAZENBAKER, William

Several days of last week were occupied by the Circuit Court, now in session in Cumberland, in the suit of FAZENBAKER vs. the Cumberland & Pennsylvania Railroad. On Monday morning the case was given to the jury, who returned in a short time, with a verdict favoring the plaintiff of $3600. This amount was divided between the widow and three children, the widow obtaining $2000; the eldest child, $165; the second, $550, and the third $885. This is a case, as stated in the News, in which the widow of Mr. FAZENBAKER, deceased, sued the Cumberland & Pennsylvania Railroad Company for $10,000 damages for the killing of her husband by a locomotive boiler explosion at the Frostburg depot, on the 26th of March, 1870, said WM. FAZENBAKER being in the employ of the railroad company, at the time of his death a brakeman on the train. The case attracted considerable attention, and the court room was filled with spectators during the whole time of the trial, which lasted nearly three days. The following gentlemen composed the jury: - HENRY BLOOMENOUR, foreman, JOSEPH JANDORF, RALPH THAYER, EPHRAIM THRASHER, HENRY MUHLENBURG, JOHN E. BUCK, J.T. hARTLEY, JAS. M. MATTHERWS, GEORGE W. PRICE, EB KITSMILLER, ALEX. FRESH, PETER ECHARD. - Messrs. BROWN and HOFFMAN were counsel for the plaintiff, and MESSRS. COX and WALSH for defendants.
20 January 1872; Frostburg Mining Journal
~Genie

COURT ORDERS WIFE AWAY
Judge Henderson Issues Writ Upon Petition of Henry J. Koelker.
Cumberland, Md., July 10.-Judge Henderson, upon the petition of Henry J. Koelker, superintendent of mails at the Cumberland postoffice, granted an order today requiring the wife of the complainant to keep away from his home and not interfere with their children, seven in number.  Some time ago Mr. Koelker was granted legal separation and the custody of the children on the ground of cruelty.  Since the separation, it is charged, Mrs. Koelker has refused to obey the decree of the court and has contined to conduct herself in a threatening manner toward the plaintiff.
The Baltimore Sun, 11 July 1916
(Courtesy of Theresa Burba)

KOELKER, Robert Cornelius vs Josephine Lillian
MONAHAN, John vs Virginia
SMITH, Earl vs Marie

Three divorce decrees were signed in Allegany County Circuit Court Monday.
Earl Smith was divorced from Marie Smith and she was given the right to resume her former name of Marie Cokeley. Josephine Lillian Koelker was granted a divorce from Robert Cornelius Koelker. Virginia Monahan was divorced from John Monahan.
Cumberland Evening Times, April 9, 1952

Suit for divorce was filed in Circuit Court today by Virginia Lashbaugh against Albert Lashbaugh.
18 November 1943, Cumberland Evening Times
~Genie
Posted July 8, 2010

Law Offices of C. William Gilchrist of Pershing Street, Cumberland, MD.
In the circuit court for Allegany County, Maryland, No. 18897? Equity.  Margaret Tippen Higgins, Plaintiff, vs. Ellen Tippen, George Tippen, and Elizabeth Tippen, his wife; Harry Tippen and Clara Tippen, his wife; Emma Tippen Byrne and William Joseph Byrne, her husband; Della Tippen Meagher, Genevieve Winters Goldsworthy and Richard Goldsworthy, her husband; Mary Winters Malamphy? and William Malamphy? her husband; Thomas Winters, George Winters and Willa? Winters, his wife; Joseph Stark and Bessie Stark, his wife; Hazel Stark Keating and Charles Keating, her husband; Theresa Tippen Thamm and Belding Thamm, her husband; Joseph Tippen and the heirs, known or unknown of Theresa Tippen Thamm and Belding Thamm, her husband; Defendants.

The object of this suit is to procure a sale in lieu of partition of certain property in Allegany County, Maryland, which is more particularly described in said proceedings and for the division of the proceeds thereof among the persons entitled thereto.
The bill states that George Tippen late of Allegany County, Maryland, died seized and possessed of three parcels of land in Allegany County, Maryland, more particularly described in the following deeds:

[b]Lot No. 45 in Percy's Addition to Borden Shaft, more particularly described in a deed to George Tippen from David Sloan et al, dated September 10, 1897, and recorded among the aforesaid Land Records in Liber No. 52? folio 697? and

That the said George W. Tippen died intestate on or about July 7, 1904, leaving surviving him as his only heirs at law the persons named in said bill; that as a result of descent and inheritance under the laws of the State of Maryland, the title of the said property has become vested in the parties hereto as tenants in common; that the said property cannot be divided among those having title thereto without material loss or injury to the parties, and that a sale of said real estate is for the benefit and advantage of the parties.
That all of the parties hereto are adults and that all of said parties except Emma Tippen Byrne and William Joseph Byrne, her husband, and Theresa Tippen Thamm and Belding Thamm, her husband and the known or unknown heirs of the said Theresa Tippen Thamm and Belding Thamm, her husband, are resident of the State of Maryland; that the said Emma Tippen Byrne and William Joseph Byrne are residents of Aliquippa, Pennsylvania; that the last know address of the said Theresa Tippen Thamm and Belding Thamm, her husband, was Alameda, California and that the present whereabouts of the said Theresa Tippen Thamm and Belding Thamm, her husband, and their status, is unknown; that the present address of the unknown or known heirs of Theresa Tippen Thamm and Belding Thamm, her husband, is unknown.
The bill prays for the appointment of a trustee to make sale of the said property under the direction of the Court.
It is thereupon ordered, this 11th day of January 1946, by the Circuit Court for Allegany County, in equity, that the Plaintiff, Margaret Tippen Higgins, by causing a copy of this order to be inserted in some newspaper published in Allegany County, Maryland, once a week for four successive weeks before the 12th day of February, 1946, give notice to the said non-resident and/or unknown Defendants of the object and substance of this bill, warning them to appear in this Court in person or by solicitor on or before the 25th? day of February, next, to show cause, if any they have, why a decree ought not to be passed as prayed.

WINEBRENNER, Christian
 
Equity Case- Sam'l Ringgold, William Gabby, O. H. Williams, William Heyser, Henry Lewis and David T. Wilson, vs. the heirs and devisees of Christian Winebrenner, decd.
Object of bill is to obtain decree compelling defendants to convey to the plaintiffs a lot of ground on South West corner of Franklin and Jonathan streets, Hagers-town.  The defendants, Christian Winebrenner [Jr.], David Winebrenner and Mary Daush, heirs of Sebastian Winebrenner, Christian Winebrenner, Peter Winebrenner, Matthias Barnhiser and Christiana his wife, and John Snyder and Catharine his wife, reside out of the state of Md.
8 April 1823; The Torchlight (Hagerstown, Washington Co., MD.)
[note: this property is mentioned in the will of Christian Weinbrenner as being in default ~ see Wills & Probate]
~Genie
Posted June 9, 2012

WINEBRENNER, Annie Caroline

(Indenture)

State of Maryland
 In the Orphans' Court of Allegany County.
     Annie Caroline Winebrenner, a girl of the age of four years on the 23rd day of July last past, by her mother, Elizabeth Ann Winebrenner, comes into Court, and it being represented to the court, that the said Annie Caroline Winebrenner is an orphan and that the increase and profits of her estate is not sufficient for her support or education.  And the Court being satisfied that said representations are true, and James M. Mair, being present here in court, and having requested that the said orphan be bound to him, and the court believing also that it would greatly conduce to the good of the said orphan to be placed and bound out as an apprentice to said James M. Mair, to learn the ordinary cares of family concerns.
     The said Annie Caroline Winebrenner is therefore on this 17th day of December in the year of our Lord one thousand eight hundred and seventy five, by and with the consent of her said mother, bound as an apprentice by John Coulehan, Cornelius Slack and Robert Bruce, Judges of the Orphans' Court of Allegany County to said James M. Mair, until she, the said Annie Caroline Winebrenner, shall arrive at the age of eighteen years, and the said James M. Mair, agrees to take the said Annie Caroline Winebrenner as an apprentice until she shall arrive at said age. And the said James M. Mair doth also on his part acknowledge himself bound and by these presents, doth contract, promise and agree to give the said apprentice, at least three years schooling during her apprenticeship, and to teach the said apprentice or cause her to be taught the ordinary cares of family concerns; such as knitting, sewing, cooking, washing, ironing &c, &c and to support her with suitable clothing and maintenance during her apprenticeship, and when free to give her two suits of clothing, suitable for every day wear and one suit suitable for Sundays, and twenty-five dollars in current money.
    In Testimony whereof we hereunto subscribe our names and affix our seals to this Indenture this 17th day of December in the year of our Lord One thousand Eight hundred and Seventy-five,

Signed, Sealed and                                              ) Elisabeth Winburner   (seal)
delivered in presence of                                     ( James M. Mair (seal)
H. M. Fuller                                                          ) John Coulehan  C.J.O.C.  (seal)
                                                                              Cornelius Slack  J.O.C.  (seal)
                                                                              Robt Bruce  J.O.C.  (seal)
 
~Genie
Posted August 11, 2012

WINEBRENNER, Floyd (Adams)

Cover Page: Indenture of Floyd Winebrenner to George W. Winebrenner; filed and approved 24th day of March, 1905
 
Page 1: This indenture made this 17th day of March 1905, by and between Perry Weimer and George Britt, two Justices of the Peace of the state of Maryland for Allegany County of the one part, and George W. Winebrenner of the said county of the other part. Witnesseth that the said Perry Weimer and George Britt as Justices of aforesaid by virtue and the power and authority to them given in and by the provisions of the Code of General Public Law article 6, in which cases made and provided have placed and found out by these Presents do place and find out an apprentice Floyd Winebrenner, who on this 27th day of February 1906 next will be of the age of one year, the son of Susanna Adams of the said county, of indigent circumstances, with the consent and approbation of the said Susan Adams, mother, testified by her sealing and delivering these presents unto the said George W. Winebrenner, the said Floyd Winebrenner to dwell with and serve the said George Winebrenner from the date of these present until the 27th July 1926, when the said Floyd Winebrenner . . .
Page 2: shall attain to the age of twenty-one years. During all which time and (unreadable, perhaps term?) the said George W. Winebrenner will and faithfully serve in all such lawful business as the said Floyd Winebrenner shall be put into by his said master, according to the Power and ability of him the said Floyd Winebrenner and honestly and obediently and in all things shall behave himself towards his said master, and honestly and obediently towards the rest of the family of the said George Winebrenner. And the said George Winebrenner on his part doth hereby promise covenant and agree to teach and instruct the said apprentice or cause him to be taught and instructed in a trade by the best way or means he can, and also to teach and instruct the said Floyd Winebrenner or cause him to be taught or instructed to read, write and cypher as (par?) as the rule of three, if the said apprentice be capable to learn and shall well and faithfully find and provide for the said apprentice good and sufficient meat and drink, clothing, lodging and other necessaries . . .
Page 3: fit and convenient for such an apprentice during the term aforesaid, and at the expiration thereof George Winebrenner shall give unto the said apprentice necessary clothing of wearing apparel, one suitable for Sundays and other for working days.
 
In testimony whereof the said Perry Weimer and George Britt and George Winebrenner have hereunto interchangeable set their hands and seals the day and year above written.
 
Signed and sealed: Perry Weimer, J. P.
                              George Britt, J. P.
in presence of: Mrs. George Adams (Mother of Susanna Adams)
                        George W. Winebrenner
                        Susanna Adams
 note from courthouse: Also indexed under name of Floyd Adams
(Courtesy of Sheryl Kelso)
Posted September 29, 2012