Page:Federal Reporter, 1st Series, Volume 6.djvu/655

Rh age, and an inmate of Mount Hope insane asylum, near the city of Baltimore, in the state of Maryland; that said lunatio had had a sister, Ann Andoe, who had married, in Ireland, a certain John Murta; and that he, the affiant, (Henry Murta,) was their son; that there had been other children of said marriage besides himself, but that none of them were ever married, and all but himself were dead at the date of the death of the intestate, except, perhaps, a brother of the affiant, named Matthew Murta, who went to Australia in poor health, in 1858, and, who had not been heard from since 1858, when he had written to affiant, at Pittsburgh, that he was going from Australia to South America on account of his ill health, where affiant believed he had died; that affiant had had a cousin named Eliza Murta, who was last heard from in 1858, when she left Darlington, in the state of Pennsylvania, and had not since been heard from; that said Rosanna Andoe (the lunatic) and himself (the affiant) were the only living persons entitled to share in the distribution of the intestate's estate, uuless the said Matthew Murta and Eliza Murta were living.

Two other affidavits only were filed. One James Creamer, who had known Henry Murta and his family in Ireland, made affidavit that he, the affiant, had come to this country about 19 years before, and that he believed that Henry Murta was the only living child of his parents, and that there were no descendants of any other, and that he had never heard of any relatives of the intestate except Rosanna Andoe and the said Henry Murta. One David D. Lynch made affidavit that he knew the Murta family in his boyhood in Ireland; that from what he knew he believed Henry Murta's parents were dead, and all his brothers and sisters had died without living descendants, and that said Henry Murta and the said Rosanna Andoe were the only living relatives of the intestate.

Upon these three affidavits, presented to the court by counsel, representing Henry Murta and Rosanna Andoe, a partial distribution of the personal estate was made by the administrator on February 6, 1869, under order of the court, and