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LAW OFFICES OF WILLIAM R.
OFFUTT AND NEIL C. FRALEY
# ORDER OF PUBLICATION
Philip Filsinger, Executor of the Last
Will and Testament of Martin Fil-
singer, Deceased, et al vs. Sophie
Campbell, et al.
No. 3479 Equity. In the Circuit Court
for Garrett County, Maryland.
The object of this bill is to have the
Court construe the meaning of the
Last Will and Testament of Martin
Filsinger, Deceased.
The bill states:
FIRST: That Martin Filsinger,
late of Garrett County, Maryland, de-
ceased, died on the 19th day of May,
1919, leaving a Last Will and Testa-
ment duly executed to pass real es-
tate.
SECOND: That on the same day
of the execution of the Last Will and
Testament by the said Martin Fil-
singer, his wife, Catharine Filsinger,
executed a Last Will and Testament
and the said Catharine Filsinger died
on the 1st day of January, 1923.
THIRD: Both of said wills above
referred to were duly admitted to pro-
bate by the Orphans' Court for Gar-
rett County, Maryland, and your or-
ator, Philip Filsinger, qualified as Ex-
ecutor in said Court and filed an ac-
counting as such Executor with the
said Court.
FOURTH: That at the time of the
death of the said Martin Filsinger he
was seized and possessed of a tract of
land containing approximately 76
acres, being the residue of the tract
of land acquired by the said Martin
Filsinger from Henry G. Davis and
Kate A. Davis, his wife, by deed dated
October 12, 1901, and recorded in Liber
E. Z. T., No. 40, folio 256, one of the
Land Records of Garrett County,
Maryland.
FIFTH: That the said Martin Fil-
singer departed this life on the 19th
day of May, 1919, testate, leaving sur-
viving him as his heirs at law and next
of kin Philip Filsinger, a son, who
married Mary J. Filsinger; Herman
Filsinger, a son, who departed this life
intestate, leaving surviving him as his
heirs at law and next of kin the fol-
lowing named children: Sophie Camp-
bell, married to Owen Campbell; Cora
Tippen, married to James Tippen;
Emma Jennings, married to Fred Jen-
nings; Conrad Filsinger, single;
George Filsinger, married to Stella
Filsinger; Albert Filsinger, single;
Herman Filsinger, married to Gladys
Filsinger; William Filsinger, married
to Winona Filsinger; Pearl Condry,
married to Joseph Condry; Nellie
Weisenborne, married to Joseph Weis-
enborne, and Esther Filsinger, an in-
fant under the age of twenty-one
years; Adolph Filsinger, a son, who
departed this life intestate, leaving
surviving him as his heirs at law and
next of kin, his widow, Elizabeth Fil-
singer, and the following named chil-
dren: Carl Filsinger, married to Cath-
erine Filsinger; Gilbert Filsinger,
married to Helen Filsinger; Harry
Filsinger, single; Adolph Filsinger,
married to Alice Filsinger; Mary
Oremusz, married to John Oremusz;
Elizabeth Maseheim, married to Al-
fred Maseheim; Pauline Maus, mar-
ried to John Maus, and Emma Weis-
enborne, married to Elmer Weisen-
borne; Ida Linenbogger, a daughter,
who departed this life intestate, leav-
ing surviving her as her heirs at law
and next of kin the following named
children: Irene Shepard, married to
James Shepard; Emma Green, mar-
ried to Emmet Green; Marie Linen-
bogger, single; Adolph Linenbogger,
married to Linenbogger; Wil-
liam Linenbogger, married to Eva
Linenbogger; Arthur Linenbogger,
married to Mary Linenbogger; Owen
Linenbogger, single; Herman Linen-
bogger Wilson, married to Lin-
enbogger Wilson; Emma Brant, a
daughter, who departed this life leav-
ing surviving her her husband, Gilbert
Brant, and the following named chil-
dren: Verona Decker, Pauline Bloom,
Elwood Brant, married to
Brant; Clayton Brant, married to
Brant; Gilbert Brant, married to
Brant; Lily Wise; Otto Filsinger, a
son, who departed this life leaving
surviving him as his heirs at law and
next of kin, his widow, Pearl Fil-
singer, now married to William Durst,
and the following named children:
Paul O. Filsinger, married to
Filsinger; Catherine Filsinger, sin-
gle; Marie Nicklow, married to Clark
Nicklow, and Edward Filsinger, sin-
gle, Mary Mills, a daughter, and Til-
lie Logsdon, a daughter.
SIXTH: That your orator, Philip
Filsinger, having been advised that
under proper construction of the Last
Will and Testament of his said father,
Martin Filsinger, he acquired title to
the real estate above referred to and
on February 26, 1927, he and his wife,
Mary J. Filsinger, executed a mort-
gage in the sum of $4500.00 to the
Garrett National Bank of Oakland,
Maryland, a corporation.
SEVENTH: That the said Garrett
National Bank of Oakland, Maryland,
a corporation, is now in receivership
and the said John H. Hoffman is Re-
ceiver for the said corporation.
EIGHTH: That it is contended by
the said Philip Filsinger that accord-
ing to the true construction of the
Will of the said Martin Filsinger that
it was plainly his intention and desire
that all of his estate, both real and
personal, should go to him after the
payment of certain specific bequests
as set out in the said Will, and that it
was plainly the intention of Martin
Filsinger and Catharine Filsinger, his
wife, the father and mother of your
orator, Philip Filsinger, that any es-
tate owned by them at the time of
their death, should go to the said
Philip Filsinger, absolutely.
NINTH: That your orator, Philip
Filsinger, acquired title to the real
estate owned by the said Martin Fil-
singer at the time of his death, and