The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-11-01
ORDER OF PUBLICATION
NO. 1917.
In the Circuit Court for Carroll County. !
Sitting ii Equity.
AUGUST TEnu. 1874


10 the Circuit Court for Carroll Counig.
sitting ia Equity.
Auausr TEnn, 1879
Elias Brothers and John b, Boyle Vi Mary
Beaver, widow, and others.
TENHE object of this suit is 10 procure d..
Il cree for the sale Of the real estate where
of John Beaver, late Of Carroll county, Mary
land, died seized for the purpose Of paying
his debts not satisfied out Of bis personal Is.
tate
The Bill states that The said John Beaver.
being in his lifetime indebted unto the com
planant, Elias Brothers, in the sum Of Sle3
on his single bin dated Feb "a, 1874, at ~
mos. With interest from date, and aIeo in the
sum Of Sl3s, on his note dated Aug 20, 1875,
at one day after date; and unto tho complain.
ant, John B. Boyle, in the sum OF S22266 on
his single bill dated April 20, 1877, with in
terest from date and also unto divers other
creditors; departed this life December 18th,
I 1877, leaving last will and testament, where.
1 by, after bequeathing nearly all Of the small
personal estate he left 10 his widow, Mary
Beaver, and making other provision for her
support during life, he devised All his real
estate, all Of which is in said Carroll county,
as follows, to-wit:-His home farm Of about
1903 acres Of land, to his son Andrew J. Bea-
yer in fee; to his daughter, Julia Ann Lock
ard, 269 acres thereof in fee; to his daughter,
Sarah Ann Robertson, II acres of land for
life, to be sold at her death and divided
among her children, and also one acre and
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
lestatoE, he gave Al acres Of land, then aud
now in the possession Of said Woolery, for the
lives Of said Woolery and bis present wife.
remainder to the children Of said @. j. Wool.
cry. Said Testator also by his said win ac-
knowledged that his personal estate was in
sufficient TO pay his debts, and provided
thereby that such deficiency should be Maid
by the aforesaid devisees Of his land "a fol.
! lows, to wit Said Andrew J. Beaver to pay
The one-half thereof, said Christopher j
t Woolery to pay two-thirds Of the other half
thereof, and the said Julia Ann Isoelard 10
pay the other one-third Of the half thereof
Said Iestator also appointed said Andrew j.
Beaver Executor Of said will.
The Bill further states that the partieg NOV
interested in the real estate left BY said Tes-
tator as aforesaid, and who are all defendants
N TINS case, are as follows, viz: Said Mary
, Beaver, his widow; said Julia Ann Lockard
i and her husband William Lockard; said Sarah
Ann Robertson, her husband John Rohert-
son, and her ehildrea named John, George.
Andrew, William and Caroline Robertson;
said Christopher }. Woolery, his present wife,
, Sarah q. Wooley, and his children named
= jerome W., George j., William H., Elijah.
= David, Margaret ", Granville, Ella, John
!, Bette, Joshua, James H., and Oracle II
y Noolery, and his two grandchildren, Eliza.
y beth aud john Burns, only children Of his de.
ceased daughter, Mary ). Burns; and The
u irs.atlaw Of the said Andrew j. Beaver
who departed this life since said Testator
May Sth, 1873. integtate. leaving n ,vido,
I named E1iyahofh - ~ r. n
children and heirs, to wit: Sarah Y DOYLE
wife Of Hugh Doyle, John Beaver, Mary NJ
Case, wife Of Henry Case, Elizabeth /. An
drew j., and Annie Lee Beaver, who are al
defendants in this case That all of said de
4 iendants reside in Carroll county, MARYLAND
y except said William aud Elijah WooIery, VIII,
reside in the State of Ohio, John Burns. VIII
p resides in the District Of Columbia, and Eli7
q abeth Burns, who resides in Baltimore Civ
y Nd; and are all Of legal age except said An
Ie drew, William and Caroline Robertson, Mar
sr garet ", Granville, Ella, John, Elizabeth
Joshua, James H., and Oracle l.. Woolery
81 Andrew D. Beaver, Jr., and Annie L. Beaver
who are all infants under the age Of twent,
=. one years each.
:, The Bill further states that said Andrew ]
3eaver, the Executor of said will, acted a
such till the time Of his death aforesaid, will
|, out accomplishing anything in the settIemer
OIL ms lestator estate, or paying any part
sad debts, chiefly on account Of the refus,
OF said Christopher j. Woolery and Julia A
: Loekard to pay their portions thereof I
: charged on them in said will; and that, sinf
q his death, letters Of administration on his q
u tate, and also letters Of administration d. l
n. Z. i. A. on his said Testator's estate, ha,
~ been granted by the Orphans Court TO h
son, said John Beaver That the person,
le estate left by said Testator, John Beaver,
ie insufficient to pay the claims Of the Cor
"a plainants and other unsatisfed creditors
y said Teslalor, or in fact to pay any part Their
e of that, on account Of the continued refus
~ and default Of the said parties required
4 said viii to provide for and pay said defieic
- cy, SAID indebtedness cannot be paid withc
resorilng TO sale of the real estate devils
and charged as aforesaid; and that the 90,
plainants, and other creditors of said TEST
tor, are without remedy, save through the a
Q and Intervention Of said Equity Court.
, The Bill then prays for an account Of 4
personal estate Of said Teslator in the han
OF his late Executor and Of said Administr
tor D. u. n. G. /, A. and application there
! to the payments Of said debts as far as il M
~ extend; and that decree NAV be passed
~ said Court for the sale Of said home farm 4
=, =, vised by Testator TO said Andrew ]. Beay
10 as aforesaid, and Of said 2Gl acres Of land d
vised by him to said Julia A. Lockard
aforesaid, and Of said II ACRES Of land devils
"A to said Chris j. Woolery and wife for life. wi
remainder TO his children as aforesaid. y
either Of said parcels of land, for the purps
J, of paying their respective portions Of the
il, fesiators debts charged on them as afor
in said, in case they, or either Of them, fail
a pay the same; also for general relief in Il
premises; and that subpnnas may be issn,
for the said resident defendants, and an ord
Of publication against said non.residens defe
II dants, requiring them to appear and answ
If the premises.
d. II is, thereupon, adjudged and ordered. m
18th day Of October, 1879 that the compla
4, ants, by causing a copy Of this order 10 /
q inserted in some newspaper published
Westminster, in said Carroll county, once
each of four successive weeks, before the 25
day of November, 1879, give notice 10 Il
= said William Woolery, Elijah woolery. a,
John Burns, absent defendants, and said Ri
abeth Burns, of Baltimore city. las to who
/. two successive subp9nas issued against b.
! have been returned non est by the Sheriff
" Baltimore city, Of the object and substanl
: OF this Bill; and warn them, and each Of ther
TO appear in this Court in person or by Soli
itor, on or before the 26ih day of Februai
r next, to answer the premises and show cans
e II any they have, why decree ought not
'e pass as prayed.
Ie WIN. N. HAYDEN.
ot Judge of the Circuit Court.
20 True copy,-Test:
Sc oct 25-5t FRANK 7. SHAW. Cler