Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1882-12-29
ORDER OF PUBLICATION.
WILLIAM A. FISHER, EXECUTOR OF
THE LAST WILL AND TESLA
MENT OF JAMES l.. PIPER,
DECEASED,
VS..
JOSEPH O. LAY AND MARY B. LAY,
HIS WIFE, AND WILLIAM A.
BATCHELOR.
In the Circuit Court for Montgomery county,
sitting as a Court Of Equity.

sitting as a Court of Equity.
fNHE OBJECT Of this bill Is to procure A
Il decree appointing Trustee in the place
OF William A. Bachelor, the Trustee named
in Deed Of Trust from Joseph q. Lay and
Mary Is. Lay, his wife, dated November l6th
1878, and directing the sale OF the land in
said deed mentioned and desert bed, or SO
much thereof AS may lie necessary for the
payment OF the complainants claim.
The bill states that on the sixteenth
day Of November, in the year eighteen hun
dred and seventy-eight, certain Joseph c.
Lay and Mary Is. Lay, his wife, did BY their
deed OF that date convey unto certain Will
liam A. Bachelor certain lands and premises
lying and being in said Montgomery county,
and particularly mentioned aud described ia
said deed in trust 10 secure the payment OF
the SUN Of twent J-iive hundred dollars due
from the said Joseph U. Lay to certain
Lucretia A. BatchelUr according 10 the tenor
of the three promissory notes OF the said
Joseph U. Lay OF even date with the said
deed, each for the sum of eight hundred and
thirty-three dollars and thirty-lhree cents and
payable to the order OF the said Lucretia A.
Bachelor III one, two and three years respec-
| lively after date, with interest thereon from
date, and to permit the said Joseph U. Law, his
heirs or assigns to use and occupy said des-
cribed lands and premises, aud the rents.
issues and profits thereof 10 take have and
apply for his and their sole use and benefit I'M
I'll default be made in the payment OF said
promissory notes or any proper costs, charges,
commissions, halt commissions or expense in
and about the same.
And upan the FULL payment OF all said notes
and the interest thereon and all other proper
costs, charges, commissions, half commissions
and expenses at any time before the sale here
matter provided Tor to release and reconyey
the said described lands to the said Joseph q
| Lay, his heirs and assigns. at his or their
cost.
Aud upon the further trust, that upon de.
fault being made in the payment of the said
notes, or either Of hem, or the interest there
| on, or any proper cost, charge, commission,
half commission or expense in and about the
same, then and at any time thereafter to sell
the said described real estate and premises at
public auction upon such terms and condi-
tons and Ut such time and place and after
such previous public advertisement as the said
party Of the second part, his heirs or the
trustees acting in the execution OF this trust
shall deem advantageous and proper, and to
| convey the same in fee simple to aud at the
cost OF the purchaser or purchasers thereof
who shall not be required to see 10 the appli-
cation of the purchase money, and OF the
proceeds of said sale or sales, first, to pay all
proper costs, charges, expenses and 10 retain
as compensation commission of five per
cent. on the amount of the sale or sales Sc.
condly, to pay whatever may then remains
unpaid of the said notes and the interest there
on, whether the same shall then be due or not
aud lastly to pay the remainder, if auy, to
the said Joseph G. Lay, his executors, ad-
| mini traitors or assigns
That sometime thereafter and before The
maturity OF other Of said promissory notes,
the said Lucretia A. Bachelor and w lillian
A. Bachelor, her husband, daily endorsed the
said proinissory notes, for value, to the said
James l.. Piper in his lifetime.
That sometime in the month of March, in
the year eighteen hundred aud eighty, the
said James l.. Piper departed this life.
having in his lifetime made and executed A
last will aud testament OF which he appoin led
the complainant the executor, which said last
will and testament was after his death duly
admitted TO probate by the Orphans Court of
Baltimore county, and on the thirteenth day
of April, in the year eighteen hundred and
eighty, letters testanenlary on the personal
estate OF said deceased were duly granted by
said Court 10 the complainant.
The bill charges thai no part of said sum of
twenty-five hundred dollars or the interest
thereon has been paid either to the said James
l.. Piper in his lifetime or 10 the complai nant
since his death, although the time limited for
the payment thereof by the condition of said
deed Of trust has long since passed and par
ment thereof has been duly demanded of The
said Joseph G. Lay but the whole of said
sum OF money with interest thereon as afore-
said remains due and owing to the complain
ant as the Executor of the last will aud testa.
ment Of the said James L. Piper, deceased.
The bill further charges that 10 consequence
Of said default made in the payment OF said
debt, the complainant requested the said
William A. Bachelor, the trustee named ia
said deed, who resides in the city of New
York, TO proceed to advertise and sell said
lands and premises for the payment of the COM
plainants said claim AS required by the pro-
visions Of said deed of trust, but the said
William A. Bachelor has wholly refused aud
failed TO advertise and sell said lands, or in
any manner to execute the trust reposed 10
him by said deed, and the complainant is ad-
vised that he Is remediless Ia the premises
without the aid and Intervention of Court
of Equity.
The bill further states that the said Joseph
q. Lay and Mary B. lay his wife, and
William A. Bachelor do not reside in the
State of Maryland.
The prayers OF the bill are for decree
appointing trustee ia the place of the said
William A. Bachelor and directing a sale OF
said land and premises, or SO much thereof as
may be necessary for the payment OF the
compliments claim and for general relief.
II is thereupon this 9th day of December,
in the year eighteen hundred and eighly-two,
I by the subscriber, Clerk Of the Circuit Court
Tor Montgomery county, ordered that the
complainant cause copy Of this order to-
geiher with the object and substance Of the
OIL TO be inserted 10 some newspaper printed
at Rockville, in said Montgomery county once
IN each OF four successive weeks before the
twen'y-nintb day of January next, giving
notice TO the absent defendants named 10 said
bill and warning them to appear in this Court
N person or by solicitor on or before the
thirtieth day OF April next, TO show cause, II
any they have, why decree shall not pass rs
prayed.
L. b. PRETTYMAN, Cpk
Circuit Court for MONTGOMERY county,