The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-11-08
ORDER OF PUBLICATION.
NO. 1912
IN lhe Circuit Court for Carroll Coansy,l
Sitting ia Eqeily

IN Che Circuit Court for Carroll cohnsyl
Sitting ia Ednily
Araksf a'enn, 1879.
Elias Brothers and John 3. Nos|e s Mary
Beaver, widow and othefk
rTNHE object Of this suit Is 70 procure de-.
Il cree for the eale OF the real estate where.
Of John Beaver, late OF Carroll county, Mary.
land, died seized, for The purpose Of paying
his debls not satisfied out Of his personal IS.
tate
The Bill states that the said John Beaver,
being in his lifetime indebted unto the com.
plaiuant, Elias brothers, IN The sum Of $ls3
on his single bill dated Feb. "a, 1874, 1t 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 S222,6G on
his single bill dated April 20, 1877, with IN
terest from date and also unto divers other
creditors; departed this life December 18th,
1871, leaving last will aud testament, where
by, after bequeathing nearly all Of the small
personal estate be 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 10 said Carroll county,
as follows, to-wit His home farm OF about
1903 acres Of land, 70 his son Andrew j. Bea-
yer in fee; to his daughter, Julia Ann Lock
ard, 264 acres thereof in fee; 10 his daughter,
Sarah Ann Robertson, ~ acres Of land for
life, 10 be sold at her death and divided
among her children and also one acre and n
quarter Of land to her for life and then 10 her
son John in fee; and TO Christopher j. Wool
cry, whose first wife was a daughter Of the
Iestator, he gave IL acres Of laud, then and
now in the possession Of said Woolery, forthe
lives Of said Woolery and his present wife,
remainder to the children Of said G. J. Wool.
cry. Said Testator also BY his said will &C.
knowledged that his personal estate was in
4 sufficient 10 pay his debts, aud provided
thereby that such deficiency should be paid
by the aforesaid devisees Of his land a. fol-
lows, 10 wit:-Said Andrew J. Beaver Is nav
i the one-half thereof said Christopher ].
Woolery to pay two-thirds Of the other half
thereof, and the. said Julia Ann Lockard TO
pay the other onethird Of the half thereof
Said Testator also appointed said Andrew J.
Beaver Executor Of said will.
The Bill further states that the parties now
interested in the real estate left by said Tes-
tator as aforesaid, and who are all defendants
in this case, are as follows, viz Said Mary
Beaver, his widow; said Julia Ann Lockard
and her husband William LockaFd; gaid Sarah
Ann Robertson, her husband, John Robert
son, and her children named John, George,
Andrew, William and Caroline Robertson;
said Christopher J. WooIery, his present wife.
Sarah Il. 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; aud the
helrs.atlaw Of the said Andrew j Beaver.
who departed this life since said Testator.
May Sth, 1879, intestate, leaving 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 e., An.
!, drew j., and Annie Lee Beaver, who are Nil
defendants in this case. That ali of said de-
y 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
i Nd; aud 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
l. Beaver, the Executor Of said will, acted a
such till the time Of his death aforesaid, with
out accomplishing anything in the settlement
4 =
said debts, chiefly on account Of the refusa
Of said Christopher j. Woolery and Julia A
s, Lockard TO pay their portions thereof a
s, charged on them in said viii; and that, sine
ct his death, letters Of administration on his es
L. tate, and also letters Of administration d.
N. G. I. A. on his said Testator's estate, hay
-, been granted by the Orphans Court 10 hi
" son, said John Beaver That the persona
estate left by said Testator, John Beaver,
q insufficient TO pay the claims Of the Con
- plainants and other nnsatisfied creditors
said Testator, or in fact to pay any part Their
of; that, ON account Of the continued reflis
rs, and default Of the said parties required |
Y. said will 10 provide for and pay said deRcie
nd cy, said Indebtedness cannot be paid witho
M resorting TO a sale Of the real estate devils,
and charged as aforesaid; and that the con
-. plainants, aud other creditors Of said Test
tor, are without remedy, save through the a
and Intervention Of said Equity Court
- The Bill then prays for an account of II
h, personal estate Of said Testator in the hans
of bis late Executor and Of said Administri
tor d. B. N. Q. I. A. and application there
d. to the payments Of said debts as far as il mi
extend; and that decree may be passed |
re said Court for the sale Of said home farm a
of yised by Testator to said Andrew J Beay
as aforesaid. and Of said 265 acres Of land d
IL yised by him to said Julia A. Lockard
aforesaid, and Of said Al acres Of land devise
= to said Chris. J. Woolery and wife for life, wi
). remainder 10 his children as aforesaid, ,
either Of said parcels Of land, for the purpoi
81 OF paying their respective portions Of the
us Testator's debts charged on them as afor
10 said, in case they, or either Of them, fail
pay the same; also for general relief in II
T. premises aud that subpmnas may be issue
for the said resident defendants, and an ord,
IS. Of publication against said nonresident defer
dants, requiring them to appear and answ'
= the premises.
II is, thereupon, adjndged and ordered III
y 18th day Of October, 1879, that the complain
ants, BY causing copy Of this order 10 !
inserted III some newspaper published |
. Westminster, in said Carroll county, once
g each Of four successive weeks, before the PSI
day Of November, 1873, give notice to II
{, said William Woolery, Elijah Woolery, an
al John Barns, absent defendants, and said Eli,
abeth Burns, OF Baltimore city, las to whol
iY two successive snbp1nas issued against II,
have been returned non est by the Sheriff
Baltimore city, Of the object and substans
of this Bill; and warn them, and each Of then
D. TO appear in this Court, in person or by Soil
itor, on or before the 26th day of Februal
next to answer the premises and show cans
ID Hany they have, why decree ought not
pass as prayed. iea
WIN. N. HAYDEN,
rs Judge Of the Circuit Court.
True copy,-Test:
- oct 25-4t FRANK II. SHAW, Clerl