The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-02-08
ORDER OF PUBLICATION.


In the Circuit Court for Carroll County.
The County Commissioners Of Carroll County
John W. Holmes, Executor, &e.i and others.
TIME 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 seiz.
ed, for the purpose Of paying the claims Of
the complainant and other creditors Of said
deceased, unsatisfed on account OF the dehci-
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 in large sum Of
money, on which Judgment has been obtained,
since his death, against his Executor in the
Circuit Court for Carroll county, to be re-
leased ON payment of the sun Of 50, 1000, with
interest from the 18th Of May, 1878, the date
Of said Judgment, and $835 costs, and also
unto other creditors, departed this life in Au.
gust, 1872, seized Of . small personal estate
and small farm containing about 40 acres of
land, situated in Carroll county, and leaving
q last will and testament in writing, which was
admitted TO probate by the Orphans Court Of
said county on the 18th 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, all
his said real estate, and all his personal es-
tate, except such household goods as tesla
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
life; and that he should pay, after her death,
the following legacies to testators other chill
dren, to wit:-To Samuel S. Holmes, William
G. Holmes, Mary Ann Phillips, wife Of Jesse
W. Phillips, Eliza Il. Parrish, wife Of Thos.
Parrish, Cstharine NJ. Mitten, wife Of Henry
G.. Mitten, and Flynn G. HOLMES, each the
sum Of fifty dollars, and to his son, James +.
Holmes, the sum Of two dollars in full OF hiE
share, should he ever return to receive ii
and lastly, appointed said John w. Holmes
as the executor Of said will.
The Bill further states that said Catharine
Holmes, widow Of said tesistor, is since also
deceased; that all the said children, devisee and
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 part.
unknown; that said John W. Holmes, executor
appointed as aforesaid, accepted said trus
and took possession Of all testator'S estate
but has not yet accounted for said persona
estate in his hands; that said personal estate
is utterly insufficient to pay the debts of th'
tsstator; and that it is necessary to resort 4
not. il is believed, supply the deficiency.
The Bill then prays for q decree OF salt
Court for the sale OF said real estate, for tn
purpose Of paying the complainants' SAT-
, claim, and the claims of other creditors, un
satisfied by testator's said personal estate, o.
, account TO be stated by said executor; 70
subp@nas 10 be issued against said John W
Holmes, in bis own right and as execute
aforesaid, Rl1 against the other defendants
who are residents Of the State; and for a
Order Of Publication against said James I
Holmes, non resident defendant as aforesaid
1t is thsreupon, this 25th day of January
A. ID. 1879, adjudged aud ordered that th
complainant, by causing copy Of this ord'
TO be inserted in some newspaper publishe
!. at Westminster, in Carroll county, once wee
y for four successive weeks, before the Sd da
Of March, 1879, give notice to the said absel
defendant Of the object and substance Of tn
Bill, and warn him to appear in this Court
person, or by solicitor, on or before the 81
e day Of June next, to answer the premises al
d show cause, il any he has, why decree Dug
!, not to pass as prayed.
> FRANK T. SHAW,
Clerk Of the Circuit Court fer Carroll count
0. True copy,-Test:
, feb LIST Faux I. SHAW, Clerk.