The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-02-01
ORDER OF PUBLICATION


In the Circuit Court for Carroll County.
The County Commissioners Of Carroll Conn,-
VS..
John W, Holmes, Executor, &c.. and ofho.-
THE object of this suit is to procpro A.
Il cree for sale Of certain reaI esis,a a
Carroll county, Maryland, whereof n ras,.; u
Jacob Holmes, late Of said county, died ~; 'u
ed, for the purpose OF paying the claims os
the complainant and other creditors of sa;d
deceased, unsatshed on account Of the defr;'
ency OF the personal estate of said deceasaj
The Bill states, in substance, that tbe ~;
Jacob Holmes being in his life time indeb s5
to the said complainant in large ann, W
money, on which judgment has been obtain,S'
since his death, against his Executor n ~,
Circuit Court for Carroll county. 10 bo s
leased on payment of the sum Of 81. 0OO Nh
interest from the 18th of May, 1873, Tho da,a
of said judgment, and So. 80 costs. md aIae
unto other creditors, departed this life in A. A.
gust, 1872, seized Of a small personal es,at.
and small farm containing about 40 actsses
land, situated in Carroll county, and lssy;eo..
a last will and testament in writing. which ,'.s
admitted to probate by the Orphans Cons 20
said county on the 18th of August. lsT5 ~
and by which he devised and beqaeatbed anu
the payment OF his just debts and funeral ov
penses, TO his son, said John W. Holmes a,
his said real estate, and all his personal a a''
tate, except such household goods M te.,a
tors wife, Catharine Holmes, should selec,.
and IN consideration OF such devise and M
quest he charged said JOhn W. Holmes viii
the support OF tesiator's said wife during her
life; aud that he should pay, after her dss.,S
the following legacies to iestator's other All
dren, to wit:-lo Samuel s. Holmes. WIFE,,
G. Holmes, Mary Ann Phillips, wife of .Iea.n
W. Phillips, Eliza Il. Parrish, wife of IN
Parrish, Iathariue NJ. Mtten, wife of H.,
q. Mitten, and Flynn G.. Holmes, each ,bs,
sum OF fifty dollars, aud to his son. james II
Holmes, the sum OF two dollars in fun M n.
share, should he ever return 10 rece;vo H..
and lastly, appointed said John " Holsno,
as the executor Of said will.
The Bill further states that said Ca,ba,;,o
Holmes, widow of said testator, il since a.,
deceased; thatallthe said children, dsyis.e"nJ
lega,eos aforesaid, aud the husbands of III
said daughters, reside in the State of Msry'
land, except the said James l.. Holmes. WIZ
resides beyond the limits Of said State in nnrt,
unknown; that said John W. Holmes, executor
appointed as aforesaid, accepted said tru.,
and took possession of all testator's estate
but has not yet accounted for said personal
estate in his hands, that said personal estate
is utterly insufficient TO pay the debts Of The
testator; aud that it is necessary TO resort ia
a sale of testator's said real estate, which xill
not, 1t is believed, supply the deficiency.
The Bill then prays for a decree Of snid
Court for the sale OF said real estate, for the
purpose Of paying the compliments snid
claim, and the claims Of other creditors. un.
satisfied by testator'S said personal estate, on
account to be stated by said executor for
subpenas to be issued against said John W.
Holmes, in his own right and as executor
aforesaid, aud against the other defendants,
who are residents Of the State; and for an
Order Of Publication against said james T..
Holmes, non resident defendant as aforesaid,
II is thsreupon, this 25th day Of January.
A. ID. 1879, adjudged and ordered that ne
complainant, by causing copy Of this order
to be inserted in some newspaper published
at Westminster ia Carroll county, once a 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, and warn him to appear in this Coart in
person, or by solicitor, on or before the 9th
day Of June next, to answer the premises and
show cause, IL any he has, why decree ought
not to pass as prayed,
FRANK T. SHAW.
Clerk Of the Circuit Court for Carroll county
True copy,--Test;
feb 10. Faux 7. SHAW, Clerk.