The Democratic advocate., 1879-11-15
ORDER OF PUBLICATION,

In the Circuit Court for Carroll County. /
Sitting in Equity.
Arousr TERS, 1879, J
Elias Brothers and John b. Boyle VS.. Mary
Beaver, widow, and others.
HNHE object of this suit is to procure de
a. cree for the sale Of the real estate where.
OF John Beaver late Of Carroll county, Mary.
land, died seized, for the purpose Of paying
his debts not satisfied out OF his personal es
tate.
The Bill states that the said John Beaver,
being in his lifetime indebted unto the com,
plainant, Elias Brothers, in the sum of Sls8
on his single bill dated Feb. "a, 1874, at IL
mos. with interest from date, and also in the
sum Of $l3S, on his note dated Aug. 20, 1875,
at one day after date; and unto the complain.
ant, John B. Boyle in the sum Of S222'G6 on
his single bill dated April 20, 1877, with in.
terest from date; and also unto divers other
creditors departed this life December 10th,
1877, leaving last will aud testament, where.
by, after bequealhing nearly all of the small
personal estate he left to his widow, Mary
Beaver, and making other provision for her
support during life, he devised all his real
estate, all Of which is in said Carroll county,
as follows, to-wit;-His home farm Of about
1903 acres Of land, to his son Andrew j. Bea
ard, 2oi acres thereof in fee; 10 his daughter,
Sarah Ann Robertson, IL acres Of land for
life, to be sold ut her death and divided
among her children, aud also one acre and
quarter Of land to her for life and then TO her
son John in fee; and to Christopher j. Wool.
cry, whose first wife was daughter of the
Testator, he gave Al acres Of land, then and
now in the possession of said Woolery, for the
lives Of said Woolery and his present wife.
remainder to the children of said G. ]. Wool.
cry. Said Testator also by his said will &C.
knowledged that his personal estate was in.
sufficient to pny his debts, and provided
thereby that such deficiency should be paid
by the aforesaid devisees OF his land as fol.
lows, to wit Said Andrew J.. Beaver to pay
the onehalf thereof, said Christopher j.
Woolery 10 psy o.tRirds of The other half
thereof, and the said Julia Ann I.ockard 10
pay the other one.third Of the half thereof.
Said Testator also appointed said Andrew ] /.
Beaver Executor Of said will
The Bill further states that the parties now
interested in the real estate lefl BY snid Tes.
tator as aforesaid, and who arr all defendants
in this case, are as follows, viz Said Mary
Beaver, his widow; said Julia Auu Lockard
and her husband William I.ookasd rrl Sarah
Ann Robertson, her husband, John Robert.
son, and her children named John, George,
Andrew, William and Caroline Robertson:
said Christopher j. Woolery, his present wife,
Sarah +. Woolery, and his children named
jerome W., George j., William H., Elijah,
David, Margaret ", Granville, Ella, John,
Bette, Joshua, James H., and Oracle L..
Woolery, and his two grandchildren, Eliza.
beth and John Burns, only children of his de.
ceased daughter, Mary j. Burns; and the
heirs.at.law of the said Andrew ]. Beaver,
In,l la,artaH Tho ltfa
May SIh, 1879, intestate, leaving a widow
named Elizabeth Beaver and the following
children and heirs, to wit; Sarah V. Doyle,
wife of Hugh Doyle, John Beaver, Mary NJ.
Case, wife Of Henry Case, Elizabeth f., An.
drew j., and Annie Lee Beaver, who are all
defendants in this case. That oil Of said de.
PENDANTS reside in Carroll county, Maryland,
except said William and Elijah Woolery, who
reside in the State of Ohio John Burns, who
resides in the District Of Columbia, and Eliz-
abeth Burns, who resides in Baltimore City,
Nd; and are all of legal age except said An.
drew, William and Caroline Robertson, Mar.
garet ", Granville, Ella, John, Elizabeth,
Joshua, james H., and Oracle L. Woolery,
Andrew j. Beaver, Jr., and Annie l.. Beaver,
who are all infants under the age Of twenty
one years each.
The Bill further states that said Andrew j
Beaver, the Executor of said will, acted as
zach till the time of his death aforesaid with.
out accomplishing anything in the settlement
of his Testator's estate, or paying any part OF
said debts, chiefly on account OF the refusal
of said Christopher j. Woolery and Julia A.
Lockard TO pay their portions thereof as
charged on them in said will; and that, since
his death, letters of administration on his es-
tate, and also letters of administration ID. b.
N. &. I. A. on his said Testator's estate, have
been granted by the Orphans Court TO his
son, said John Beaver That the personal
estate left by said Testator, John Beaver, is
insufficient to pay the claims Of the Com.
plainants and other unsatisfed creditors Of
said Testator, or in fact 10 pay any part there.
of; that, ON aecoant Of the continued refusal
and default Of the said parties required by
said will TO provide for and pay said deiicien.
ey, said indebtedness cannot be paid without
resortDg to sale of the real estate devised
and charged as aforesaid; and that the com.
plainants, and other creditors Of said Testa.
tor, are without remedy, save through the aid
end Intervention Of said Equity Court.
The Bill then prays for an account of the
personal estate Of said Testator in the hands
Of his late Executor and Of said Administer.
tor ID. b. N. G. L. A.. and application thereof
TO the payments of said debts as far as il may
extend; and that a decree may be passed BY
said Court for the sale of said home farm de.
vised by Testator to said Andrew J. Beaver
as aforesaid, and Of said 26l acres of land de.
vised by him TO said Julia A. Lockard as
aforesaid, and Of said Al acres Of land devised
to said Chris. J. Woolery and wife for life, with
remainder TO his children as aforesaid, or
either Of said parcels Of land for the purpose
Of paying their respective portions Of their
Testator's debts charged on them as afore.
said, in case they, or either Of them, fail to
pay the same; also for general relief in the
premises; and that subpenas may be issued
for the said resident defendants, aud an order
of publication against said non. resident defen.
'dants, requiring them TO appear and answer
the premises
II is, thereupon, adjudged and ordered, this
1Sth day Of October, 1879, that the complain.
ants, by causing a copy Of this order 10 be
inserted IN some newspaper published at
Westminster, in said Carroll county, once in
each OF four successive weeks, before the 2sth
day Of November, 1879, give notice to the
said William Woolery, Elijah Woolery, and
John Burns, absent defendants, and said Eliz.
abeth Burns, OF Baltimore city, (as TO whom
two successive subpenas issued against her
have been returned non est by the Sheriff Of
Baltimore city, Of the object and substance
OF this Bill; and warn them, and each Of them,
TO appear in this Court, in person or by Sole.
itor, on or before the 26ih day of February
next, to answer the premises and show cause,
IT any they have, why decree ought not to
pass as prayed.
WIN. N. HAYDEN,
Judge of the Circuit Court.
True copy,-Test:
oct 25-4t FRANK 7. SHAW, Clerk.