Bill of Complaint- Chancery For Division of Realty of Estate of John Kidd of Baltimore County
7 December 1849


Bill of Complaint:

Ezekiel Kidd,
Rachel Frederick,
Elizabeth Kidd, William Kidd,
Elizabeth Kidd, his wife
Benjamin McCleary
Harriet McCleary
John Kidd
Edward Anderson
Rebecca Anderson
Samuel Dinsmore
Charlotte Dinsmore

VS.

Joshua Kidd
Margaret Kidd
David Kidd
Sarah Kidd
Ezekiel Frederick
Charity Frederick
Percelia Frederick
Nelson Frederick
Nancy Frederick
Jane Frederick
Sarah Kidd
George George
Isaac McCleary
Mary Kidd

Be it remembered that heretofore, to wit, on the 7th day of December Anno Domini eighteen hundred and forty nine came Ezekiel Kidd, Rachel Frederick, Elizabeth Kidd, William Kidd, Elizabeth Kidd his wife, Benjamin McCleary, Harriet McCleary, John Kidd, Edward Anderson, Rebecca Anderson, Samuel Dinsmore, Charlotte Dinsmore into Baltimore County court, here, sitting as a court of Equity, by James Malcom, Esquire, their solicitor, and exhibited in said court, their bill of complaint, in form following , to wit,

Bill of Complaint-

To the Honorable, the Judges of Baltimore County court sitting in Equity. Humbly complaining showith unto your Honors, your orator, Ezekiel Kidd of the state of Pennsylvania, Rachel Frederick, Elizabeth Kidd, William Kidd and Jane Elizabeth Kidd, his wife, Benjamin McCleary, Harriet McCleary, his wife, John Kidd, Edward Anderson, and Rebecca Anderson, his wife, Samuel Dinsmore and Charlotte Dinsmore, his wife, all of Baltimore County and state of Maryland; that heretofore a certain John Kidd, late of said county deceased, was in his lifetime seized and possessed of certain real estate lying and being in said county and elsewhere, in the state of Maryland part of which was known, and called by the name of Hardister's Chance, containing about three hundred acres, more or less; And being so seized and possessed thereof, departed this life, intestate, in or about the year, 1823, leaving his six children, Joshua Kidd, Moses Kidd, Ezekiel Kidd, David Kidd, Latthew Kidd, and Sarah Kidd, his heirs at law.

That Joshua Kidd has married Margaret Coombs, and that the said Joshua and Margaret have sold their interest in the said estate, to John Kidd.

That Moses Kidd was married to Elizabeth Porsier and has since departed this life, intestate, leaving said Elizabeth, his widow, alive and eight children, William Kidd, Lydia Kidd, Harriet Kidd, John Kidd, Rachel Kidd, Rachel Kidd??, Rebecca Kidd, Charlotte Kidd, and Mary Kidd, an infant, under the age of twenty one years his heirs at law.

That William Kidd married Elizabeth Jane Skipper.

That Lydia Kidd was married to James George, and has since departed this life intestate, leaving George George, an infant, under the age of twenty one years, his heirs at law.

That Harriet Kidd is married to Benjamin McCleary.

That Rachel Kidd was married to William McCleary and has since departed this life intestate, leaving one child named Isaac McCleary, an infant, under the age of twenty one years her heirs at law.

That Rebecca Kidd is married to Edward Anderson.

That Charlotte Kidd is married to Samuel Dinsmore.

That David Kidd is married to Sarah Armstrong.

That Latthew Kidd was married to George Frederick and has since departed this life intestate, leaving Ezekiel Frederick, Percelia Frederick and John Frederick, her heirs at law.

That John Frederick was married to Rachel Cullins and since has departed this life, intestate, leaving three children, Nelson Frederick, Nancy Frederick, and James Frederick, infants, under the age of twenty one years, his heirs at law and his widow, the said Rachel alive.

That Ezekiel Frederick is married to Charity Freeland.

And that the said Moses Kidd, in his lifetime, purchased all the interest and estate of the said David in and to his father's estate, and which has been conveyed, by the said David, to the said Moses, in his lifetime, by a deed duly acknowledged and recorded among the Land Records of Baltimore County court.

And your orators further charge that the said real estate is susceptible of partition among the parties aforesaid; and if it cannot be divided between them, with advantage to all parties, then, that your orators, will be entitled to have the same sold, and the proceeds distributed amongst the parties in proportion to their respective interests.

To the end therefore that the said Joshua Kidd, and Margaret Kidd, his wife, David Kidd, and Sarah, his wife, Ezekiel Frederick and Charity, his wife, Percelia Frederick, Nelson Frederick, Nancy Frederick and Jane Frederick, Sarah Kidd, George George, Isaac McCleary, and Mary Kidd may answer the promises, and that a decree may be passed for a partition of the aforesaid real estate, amongst the parties aforesaid, or in case a partition thereof, cannot be effected , then that the same may be sold under the direction of this court, and the proceeds thereof distributed amongst the said parties in proportion to their respective interests, and that your orators may have such other and further relief as their case may require . May it please your honors to grant unto your orators, the writ of subpoena, against, the said Joshua Kidd, Margaret Kidd, David Kidd and Sarah Kidd, Ezekiel Frederick, and Charity Frederick, Percelia Frederick, Nelson Frederick, Nancy Frederick, Jane Frederick, Sarah Kidd, George George, Isaac McCleary, and Mary Kidd of said county commanding them to appear, in this court, at some certain day to be therein named, to answer the promises and abide by and perform such decree as may be passed therein and as in duty ??.

J. Malcomb -Compls. Solicitor

Thereupon issued subpoena, as prayed , in form following, to wit.
Subpoena.
The state of Maryland to Joshua Kidd, Margaret Kidd, David Kidd, Sarah Kidd, Ezekiel Frederick,Charity Frederick, Percelia Frederick, Nelson Frederick, Nancy Frederick, Jane Frederick, Sarah Kidd, George George, Isaac McCleary and Mary Kidd, of Baltimore County, Greeting:

We command and enjoin you , that all excuses set aside, you be in your person before the Judges of Baltimore County court, at the courthouse in said county , on the first day of January next, to answer, the Complaint of Ezekiel Kidd, Rachael Frederick, Elizabeth Kidd, William Kidd, Jane Elizabeth Kidd, Benjamin McCleary, Harriet McCleary, John Kidd, Edward Anderson, Rebecca Anderson, Samuel Dinsmore and Charlotte Dinsmore, against you in the said court exhibited, hereof, fail not as you will answer the contrary at your peril.

Witness the honorable William Frick, chief judge of our said court, the first day of December, in the year of our Lord, one thousand eight hundred and forty nine.

Issued the 7th day of December, eighteen forty nine. A.W. Bradford, Clerk

At which said first day of January Anno Domini eighteen hundred and fifty being the return day of the foregoing subpoena, the sheriff of Baltimore County, to whom the same was delivered to be served, made return thereof to the court here ? endorsed, to wit, summoned as above, Mary Kidd, N. E. J. H. Hynes, Sheriff. But before the day of the return of the said subpoena, to wit, on the 28th day of December, Anno Domini, eighteen hundred and forty nine, the said Joshua Kidd and Margaret Kidd, his wife, David Kidd, Sarah Kidd, his wife, Ezekiel Frederick, and Charity Frederick, his wife, Percelia Frederick, and Sarah Kidd appeared in court, hereby William H. Cole, Esquire, their solicitor and filed said cause, their answer, to the Bill of Complaint aforesaid, in form following to wit. Answer:

Kid and others vs. Kidd and others

In Baltimore county court in Equity. The answer of Joshua Kidd and Margaret Kidd his wife, David Kidd and Sarah Kidd his wife, Ezekiel Frederick and Charity Frederick his wife, Percelia Frederick and Sara Kidd to the bill Complaint of Kidd and others against them in equity exhibited these defendants admit the several matters and things charged in the Complainants bill to be true, and submit to such decree in the promises, as may be right and as ?
William H. Cole Defts. Sol.

?? To which answer, is the following acceptance, to wit.

Acceptance. This answer is accepted without oath. J. Malcom Complts. Sol. And afterwards, to wit, on the twenty ninth day of December in the year last aforesaid, the complainants aforesaid, by their solicitor, aforesaid, filed in said cause, the following order to wit


The transcript of this chancery case on the estate of John Kidd was provided by Kay L Hunt, richjhunt at comcast.net