The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1877-09-01
ORDER OF PUBLICATION
In the Circuit Court for Carroll county sitting
as a Court of Equity.
NO. I739 EQUITY.

In the Circuit Court for Carroll county sitting
asa Court Of Equity,
NO. 1888 EQUITY.
Jacob j. Weaver and Jacob j. Weaver, Jr.,
et. ais. VS.. William Hiner ct. ais.
TIME object Of this suit is to procure a
Il decree for sale of certain Real Estate
ofwhich Samuel Hiner, late Of Carroll county,
deceased, died seized and possessed, and Of
whom the eomplainants we're at the time Of
the death Of said Samuel Hiner creditors.
The Bill states that on or about 9th day Of
November, A, d. 1876, Samuel Hiner depar-
ted this life intestaie, leaving Real and Per-
sonal Estate Of great value that at the time
Of his death he stood indebted unto the com.
claimants in the sum of Fifty-six and 75-lO0th
dollars, current money, for sundry matters
and things properly chargeable in account,
and also indebted unto divers other persons
in large sums of money; that he left Ellen
Hiner widow, William Hiner a brother,
Elizabeth Garner, formerly Elizabeth Hiner,
sister, Catherine Hiner sister, Levi Hiner a
brother, Henry Baker, Levi Baker, John
Baker, Hezel1iah Baker, nephews, and Eliza
beth Valentine, formerly Elizabeth Baker,
married to William Valentine, and Mary j.
Brown, formerly Mary ]. Baker, married to
John Brown, neices, all of which nephews
and neiees are the children of Susan Baker,
formerly Susan Hiner, sister Of the deceased,
but intermarried TO Jacob Baker, and long
since dead Pereilla Patram, formerly Per
ella EarhRrt, married to-Patram, Martha
Roger, formerly Martha Earhart, intermar-
ried with Jacob Roger, Mary Beatty, formerly
Mary Earhart, married-Beaty, neices, and
Harachial Earhart nephew, all children of
Mary Earhart, formerly Mary Hiner, sister of
tho gatl H,,a, -,.,l
l-Earhart, and long since dead, his heirs
at law; that administration Of all and singular
the personal estate Of the said Samuel Hiner
hath been lately granted by the Orphans
Court for Carroll county unto one William
Hiner of said county; that the said William
Hiner possessed himself of the said personal
estate, but that the same is not sufficient to
discharge all the debts due and owing by the
said intestate at the time Of his death. That
the said personal estate ought to be applied
10 the payment of claims of the compliments
and of other creditors of the said Samuel
Hiner, so far forth as the same will extend,
as the complainants are advised, and that any
deficiency in the said personal estate ought to
be Supplied by sale, of the real estate of their
| aforesaid debtor, but that the said William
| Hiner has wholly refused to pay any part of
| their aforesaid claim, or to render an account
of the personal estate in his hands; that GER
tain Of the heirs at law of the said Samuel
Hiner, to wit .--Percilla Patram, formerly
| Percilla Earhart, but married to-Patram
and neice of the deceased; Mary Beatty, for
| merly Mary Earhart, but married to-Beaty,
and also neice Of the deceased; Martha Roy
er, formerly Martha Earhart, married to
Jacob Roger, also neee of eAe deceased, and
Harachial Earhart, nephew Of the deceased,
are non-residents of the State Of Maryland,
and without of the jurisdiction Of this Court;
that they do live in the United States, as the
complainants are informed, but in which of
them they do not know.
The Bill then prays for the usual remedies
| in equity against those who are named therein
as non-residents as well as those named
therein who are residents, to the end that they
may answer the several matters and things
therein set forth; that the said William Hiner
may also set forth an account ofthe personal
estate of his intestate and the amount and
particulars thereof possessed by him, what
part the7aof is now in his hands; how much
thereof has been disposed Of by him in pay.
ment of his intestate's debts, or otherwise,
and what debts and to what amount remain
unsatisied; that the other defendants, heirs.
at-law of the said Samuel Hiner may discover
all and singular the real estate of which the
said Samuel Hiner was seized of or entitled
to at the time of his death, and where the
same and every part thereof is or are situate;
and that an account may be taken under the d.
rection Of this Court of all the debts due and
owing by the said intestate at the time of his
death, and which still remain unpaid; that
the said personal estate may be applied in
payment of the debts Of the intestate; that
the said real estate, or SO much thereof as may
be necessary for the purpose, may be deereed
TO be sold for the aforesaid debts as may re.
main unsatsfied by the application of the per.
sonal estate as aforesaid and for general relief
1t is thereupon adiudged and ordered that
the complainanis, by causing q copy of This
| Order to be inserted in some newspaper pub
lished in Carroll county, once in each of four
successive weeks, before the third day of Sep.
tember, A. d. 1877, give notice to the said
Percilla Patram, Mary Beatty, Martha Roger
aud Jacob Roger, her husband and Harachial
Earhart Of the object and substance of this
| Bill of Complaint, and warn them to appear
in this Court in person, or by Solicitor, on or
before the fourth day of December, A. D..
1871, TO answer the premises and show cause,
if any they have, why an order or decree
ought not to be passed as prayed.
| FRANK 7. SHAW, Clerk.
True copy,-Test:
aug 4-5t FRANK I. SHAW, Clerk.