The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-03-01
ORDER OF PUBLICATION
NO. 1864 EQUITY.

a
In the Circuit Court for Carroll County.
The County Commissioners Of Carroll Count,
VS..
John W. Holmes, Executor, &C., and othors
FTHE object of this suit is to procure a de
l. cree for a sale Of certain real estate il
4 Carroll county, Maryland, whereof a certain
. Jacob Holmes, late Of said county, died seiz
H ed, for the purpose of paying the claims o.
q the complainant and other creditors of said
deceased, unsatisiied on account of the defci
4 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 a 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 sum Of $1,000, with
interest from the 18th of May, 1878, the date
of said judgment, and 1886 costs, aud also
unto other creditors, departed this life in Au,
gust, 1872, seized Of a 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 he devised aud beqneathed, after
the payment Of his just debts and funeral ex.
peuses, 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 tsstator's other chill.
dren, to wit:-To Samuel 5. Holmes, William
g. Holmes, Mary Ann Phillips, wife Of Jesse
W. Phillips, Eliza 4. Parrish, wife of Thos
Parrish, Catharine NJ. Mitten, wife Of Henry
q. Mitten, and Flynn G.. Holmes, each the
sum of fifty dollars, and to his son, James 4.
Holmes, the sum Of two dollars in full Of his
share, should he ever return to receive it;
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; thatal the said children, devisee and
legatees aforesaid aud the husbands OF his
said daughters, reside in the State of Mary
land, except the said James +. Holmes, who
resides beyond the limits of said State in parts
unknown; that said John W. Holmes, executor
appointed as aforesaid, accepted said trust
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
tsstator; and that il is necessary TO resort to
a sale of testator's said real estate, which will
not, it is believed, supply the deficiency.
The Bill then prays for a 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, un-
satisfied by testator's said personal estate, on
account to be stated by said EXECUTOR for
subp9nas to be issued against said John W.
Holmes, in his 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 f.
Holmes, non resident defendant as aforesaid
1t is thsreupon, this 25lh day of January,
A. ID. 1879, adjudged aud ordered that the
complainant, by causing q copy of this order
TO be inserted in some newspaper published
at Westminster, in Carroll county, once 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 Court in
person, or by solicitor, on or before the 9th
ARy 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 lot FRAyk 7. SHAW, Clerk.