Ann Maria Lind

A suit was brought by Nicholas Lynn (b 1804) vs his siblings over a dispute of his fathers will.  The suit confirms all of Nicholas Lind children including showing Joseph as deceased by several years and has a son William Lind that is named in the suit.

Reservoir and Republic Reflector, Frederick, Maryland, August 19, 1828.

In Frederick County court sitting as a court of Chancery.

Nicholas Lind vs. Abraham Lind, John Lind, William Lind, Henry Bogan and Margaret his wife, John Carrell and Betsey his wfe, Abraham Miller and Molly his wife, Daniel Smith and Mary his wife, and William Lind, junr.

The object of the bill in this cause is to compel the payment of the sum of two hundred and fity seven dollars and elven cents by Abraham Lind the executor of Nicholas Lind deceased to the complainant the bill states last will and testament and died in said country on or about the eighteenth day of February 1823; that left at his death together with the complaint ten children, viz: William Lind, John Lind, and Susan, now the wife of David Kephart, Betsy wife of John Carrell, Molly wife of Abraham Miller, Mary wife of Daniel Smith, Catherine wife of John Eichiss, Margaret wife of Henry Bogan, and Abraham Lind, and also one grand child, William Lind, the son of said testators son Joseph Lind, who died several years before the Execution of the said will, that the said will amongst other things directed the sale of certain real estate, of said testator in said country, and the proceeds to be divided equally, share and share alike, amongst his said children; omitting by the mistake of the person who wrote the will the name of the complainant, that the facts of mistake as aforesaid being admitted, the said John Eichiss and Catharine his wife, Abraham Miller and Molly his wife, John Carrell and Elisabeth his wife, Henry Bogban and Margaret his wife, David Kephart and Susan his wife, and Daniel Smith and Mary his wife executed respectively the instruments, with said bill exhibited, authorizing the said complainant to receive, and the said Abraham Lind the Executor  of said estate; that in consideration thereof said Abraham promised to pay complainant five hundred and fifty dollars and eight seven and a half cents, and actually paid him two hundred and ninety three dollars and seventy six cents as part thereof, that the said Abraham resides in the State of Ohio beyond reach of the process of this court, and is not as complainant, has been informed in good circumstances, that he sold in pursuance of said will, the said real estate, that the said John Lind became purchaser of the part thereof, and that the last payment for the same amounting to about four hundred dollars, will soon be due; the bill also states that the said Bogan and wife reside in the state of Virginia, the said John Carrell and wife in Pennsylvania, the said Eichiss and wife, Miller and wife, Smith and wife, and William Lind, jr., reside in Ohio, that said Daivd Kepahart and wife, William Lind and John Lind reside in Frederick county, aforesaid; the bil prays, process, publication and injunction, restraining the said John from paying over to Abraham the money in his hands at aforesaid, it is thereupon this 12th day of August eighteen hundred and twenty eight; ordered and adjudged that the complaints give notice to the absent defendants above named, of the object and substance, of his and said bill, and to this end that because a copy of this order to be inserted in some newspaper, printed in Frederick town, for three successive weeks, before the tenth day of September next warning them and each of them, that they be and appear in person or by solicitor, in this court on or before the 20th day of December next, then and there to answer in the premises, and that in default thereof the bill will be take pro confesso against them.

True Copy-Test

August 19.   John Schley, Clerk