The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-02-22
ORDER OF PUBLICATION.
NO. Iaal nQurTY.

In the Circuit Court for Carroll County.
The County Commissioners Of Carroll Con7iy
Va.
John W. Holmes, Executor, &c., and others.
TTsHE object Of this suit is to procure de-.
Il cree for sale Of certain real estate in
Carroll county, Maryland, whereof 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, unsalished on account Of the delici-
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 10 q large sum Of
money, on which judgment has been obtained,
since his death, against his Executor Ia the
Circuit Court for Carroll county, 10 be re-
leased on payment Of the sum Of 81, 900, with
interest from the 18th Of May, 1878, the date
Of said Judgment, and $3.50 costs, and also
unto other creditors, departed this life in An
gust, 1872, seized Of small personal estate
and small farm containing about 40 acres Of
land, situated in Carroll county, and leaving
last will and testament in writing, which was
admitted to probate by the Orphans Court Of
said county on the 10Th of August, 1872, in
and by which be devised and bequeathed, after
the payment of his just debts and funeral ex-
penses, to his son, said John w. Holmes, all
his said real estate, and all his personal es-
tate, except such household goods as testa-
tors wife, Catharine Holmes, should select;
and in consideration Of such devise and be.
quest he charged said John w. Holmes with
the support Of testator's said wife during her
liiei and that he should pay, after her death,
the following legaciea to testator's other chill.
dren, to wit:--To Samuel 5. Holmes, William
q. Holmes, Mary Ann Phillips, wife OF Jesse
w PhlllIna EleQa * E ~rf
Parrish, Catharine NJ. Mitten, wife Of Henry
g. Mitten, and Flynn g. Holmes, each the
sum OF nifty dollars, and to his son, James Fl
Holmes, the sum Of two dollars IN full OF his
share, should he ever return to receive Il,
and lastly, appointed said John W. Holmes
as the executor Of said will.
The Bill further states that said Catharine
Holmes, widow Of said testator, is since also
deceased; thatallthe said children, deyiseeand
legatees aforesaid, and the husbands Of his
said daughters, reside in the State Of Mary
land, except the said James Il. Holmes, who
resides beyond the limits of said State in parts
unknown; that said John W. Holiness executor
appointed as aforesaid, accepted said trust
and took possession Of all teslator's estate,
but has not yet accounted for said personal
estate 10 his hands; that said personal estate
is utterly insufficient TO pay the debts of the
testator; and that II is necessary TO resort to
sale of testator said real estate, which will
not: it is believed, supply the deficiency.
The Bill then prays for decree Of said
Court for the sale of said real estate, for the
purpose of paying the complainants' said
claim, and the claims Of other creditors, IN.
satisfied by testator's said personal estate, on
account to be stated by said executor; for
snbp@nas TO be issued against said John W.
Holmes, in bis 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 Z.
Holmes, non. resident defendant as aforesaid.
u is thsreupon, this 25th day Of January,
A. ID: 1879, adjudged and ordered that the
complainant, by causing copy Of this order
to be inserted in some newspaper published
at Westminster, in Carroll county, once q week
for four successive weeks, before the Sd day
Of March, 1879, give notice to the said absent
defendant of the object and substance Of this
Bill, aud warn him to appear in this Court in
person, or by solicitor, on or before the 9th
day OF June next, to answer the premises and
show cause, If any he has, why decree ought
not to pass as prayed.
FRANK 7. SHAW,
Clerk of the Circuit Court fer Carroll county,
True copy,--Test;
feb lot FRASK 7. SHAW, Clerk.