The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-02-15
ORDER OP PUBLIeATloN.



In The Circuit Conrt for Carroll CDuui5.e
The County Commissioners Of Carroll County
vs..
John ". Holmes, Excculor, SCI and others.
TINE object Of this suit Is 70 procure Dc.
Il cree for a sale Of certain real estate II
Carroll county, Maryland, whereof a certain
Jacob Holmes, late Of said county, died SELF.
ed, for the purpose Of paying the claims of
the complainant and other creditors Of said
deceased, unsatislied on account Of the de6ci.
ency OF the personal estate Of said deceased.
The Bill states, in substance, that the said
Jacob Holmes being in his life time indebted
to the said complainant Ia large sum Of
money, on which judgment has been obtained,
since his death, against his Executor IN ihe
Circuit Court for Carroll county, to be re-
leased on payment of the sam Of Sc, 600, with
interest from the 18th Of May, 1878, the date
Of said judgment, and 1886 costs, and also
unto other creditors, departed this life ia Au-
gust, 1872, seized Of q small personal estate
and small farm containing about 40 acres of
land, situated in Carroll county, and leaving
last Will and teslamentin writing, which was
admitted to probate by the Orphans Court Of
said county on the 10th Of August, 1872, IN
and by which he devised and bequeathed, after
the payment Of his just debts and funeral ex
penses, to his son, said John w. Holmes, an
his said real estate and ali his personal es.
tate, except such household goods as tesla
tors wife, Catharine Holmes, should select;
and in consideration of such devise and DO.
quest he charged said John w. Holmes with
the support Of testator's said wife during her
life and that he should pay, after her death,
the following legacies to testator's other chill
dren, TO wit:--To Samuel s. Holmes, William
g. Holmes, Mary Ann Phillips, wife Of Jesse
". Phillips, Eliza Z. Parrish, wife Of Thos.
Parrish, Catharine NJ. Mitten, wife Of Henry
g. Mitten, and Flynn G. Holmes, each The
sum OF fifty dollars, and to his son, james L.
Holmes, the sum Of two dollars Ia full Of hia
share, should he ever return 70 receive I'll
and lastly, appointed said John W. Holmes
as the executor Of said will
The Bill further states that said Cathariue
Holmes, widow Of said testator, is since also
deceased; thatallthe said children, deyiseea and
legatees aforesaid, and the husbands Of his
said daughters, reside in the State Of Mary
land, except the said james E. Holmes, who
resides beyond the limits Of said State in parts
unknowni that said John W. Holmes, executor
appointed as aforesaid, accepted said trust
and took possession of all tesiator's estate,
but has not yet accounted for said personal
estate IN bis hands; that said personal estate
Is utterly insufficient to pay the debts Of the
testator; and that il is necessary to resort ID
q sale OF testators said real estate, which will
not: 1t Is believed, supply the deficiency.
The Bill then prays for a decree Of said
Court for the sale OF said real estate, for the
purpose Of paying the compainants' said
claim, and the els;ms Of other creditors un.
satisfied by testator's said personal estate, on
account to be stated by said executor; for
snbpnnas TO be issued against said John w
Holmes, in his own right and as executor
aforesaid, and against the other defendants,
who are residents Of the State; and for an
Order of Publication against said James e,
Holmes, non. resident defendant as aforesaid
II is thsreupon, this 25th day of January
A. u; 1879, adiudged and ordered that ne
complainant by causing copy Of this orde,
70 70 inserted in some newspaper published
at Westminster, in Carroll county, once a week
Tor iour successive weeks, before the Sd ia,
OF March, 1879, give notice TO the said absen'
defendant Of the object and substance Of thii
Bill, and warn him TO appear in this Court Il
person, or by solicitor, on or before the 5tl
day OF June next, to answer the premises AMI
show cause, if any he has, why a decree oueh
not to pass as prayed.
FRANK 7. SHAW,
Clerk Of the Circuit Court fer Carroll county
True eopy,-Test
ieb Lot FRANK r. SHAW, CLERK.
I