The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1870-05-26
NO. IFS EQUITY.

In the Circuit Court for Carroll county.
Isaiah Ham VS.. Jacob Senlz, Catharlnc sentz,
his wife, Reuben Winters, David Winters,
and others.
VNllE object Of this suit is to obtain de
cree to sell the Real Estate of which
Susannah Hess. late of Carroll county, de.
ceased, di' d soized and possessed siluatd
IN Carroll county, or so much thereof rs
may be necessary 10 pay the debts of George
Hess, late Of Carroll county, deceased
The bill states that said George Hess,
late of Carroll county, deceased. was in
his lifetime indebted to Joseph DAVIS, of
said county, in the sum Of one hundred
dollars on his certain promissary note, dated
on the both day of August, 1869, payable
one day after date, and unto divers other
persons In large sums of money, and that
on the LIST day of April, 1870, laid Joseph
Davis assigned said note to said Isaiah Ham.
and said George Hess, deceased, being in
debted as aforesaid aud being at tho time of
his death seized and Possessed of certain
real and personal estate, situated in Mid.
dletown, in said county, did ON the 9th
day of September, 1862, dub made and
executed his last will aud testament in writ.
ing, and thereby devised to his then w;le
Susannah Hess, all of his real and person.
estate; that said George Hess departed this
life on the Goth of December, 1869, leaving
said will and testament unaltered aud un.
revoked, and shortly after the death of said
teStator, his aforesaid last will and tesla.
ment WAS in due form of law admitted to
probate before the Orphans Court for Car.
roll county, and letters testamentury there.
on were in due form of law offered by said
Orphans Court, granted unto Joseph Davis,
Of said county, aud that the personal estate
belonging to said iestator at the time of his
death, is not sufficient to pay all ofthe debts
of said tesiutor, and that the same has been
all applied by said executor to the payment
OF the funeral expenses, costs in the Or.
phans' Court, aud to the payment Of other
small debts.
The bill further states that on the 10th
day of February, 1870, the said devisee, said
Susannah Hess, departed this life ntestate,
leaving no lineal descendants. nor husband,
nor father, nor mother, but leaving the fol.
lowing sisters, and children of her two de
ceased brothers and deceased sister, to wit:
Her sister Catherine, wife of Jacob Sentz,
of Carroll county, and her sister Elizabeth,
wife Of George Wilhelm, of the State Of
Ohio, and the following named children of
her deceased brother, George Winters,
namely: David Winters. Mary Ann, wife
OF George Garner, Isaac Winters, Stephen
Winters, Susan, wife of George Crnbbs.
July Ann, wife of John V. Syock, all of
whom reside in the State OF Iowa, and
Reuben Winters and George Winters, of
Carroll county, and Elizabeth, wife of MIN.
rod Smith, of Howard county. and the fol.
lowing named children other dec d. brother,
Joseph Winters, namely: Ephraim Win.
tiers, Deborah, wife of Frederick Flickin.
ger, and Mary f. Winters, oil Carroll coun.
ty and the following named children of
her deceased sister, Mary Davis, namely
John w. Davis, Of the State of Pennsyya
mia, Aaron Davis, Of Frederick county,
Joseph Davis, William Davis, and Ann NJ
Davis, of Carroll county.
The bill prays that tue defendants shall
answer the same, and for sale of said real
estate or so much thereof rs may be neces
sary TO pay the debts Of said testator, and
prays for general relief, for an order of
publication against the nonresident defen.
dants and for subpGnas against the resi-.
dent defendants.
Ills thereupon, this 10th day OF May, 1870, |
adjudged and ordered that the complainant
by causing a copy Of this order to be nscr.
ted IN some newspaper published in Carroll
county, Maryland, once week for four
successive weeks before the 10Th DAY of
June, 1870, give notice to the said George
Wilhelm and Elizabeth Wilhelm, his wife,
David Winters, Isaac Winters, Stephen
Winters, George Garner, and Mary Ann
Garner, his wife, George Crabbs and Susan
Crabbs, his wife, John V. Syock and July
Ann Syock, his wife, aud John W. Davis,
the said absent defendants of the object and
substance of this bill, and warn them to APP
pear in this Court in person or by solicitor, on
or before the 18th day Of September, 1870,
to answer the premises and shew cause, if
any they have, why decree ought not to
pass as prayed.
JNo. B. BOYLE, Clerk.
True copy,-rest;
may l9-4t JNo. b. BOYLE. Clerk.