Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1883-01-19
ORDER OF PUBLICATION.
WILLIAM A. FISHER, .EXECUT0R OF
The LAST Will AND TESLA
MENT OF JAMES J.. PIPER,
DECEASED,
VS..
JOSEPH G. LAY AND MARY b. LAY,
HIS WIFE, AND WILLIAM A.
BATCHELOR.
IN tie Circuit Court for Montgomery eeunty,
sitting as a Court Of Equity

VRHE OBJECT of this bill is to procure q
l. decree appointing Trustee in the place
of William A. Bachelor, the Trustee named
in Deed of Trust from Joseph G. Lay and
Mary b. Lay, his wife, dated November 10th,
1878, and directing the sale of the land in
said deed mentioned and described, or SC
much thereof us may be 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 g.
Lay and Mary B. Lay, his wife, did by their
deed of that date convey unto certain W IL
liam A. Bachelor certain lands and premises
lying and being in said Montgomery county,
and particularly mentioned aud described in
said deed in trust to secure the payment Of
the sum of twent y-hve hundred dollars due
from the said Joseph g. Lay to a certain
Lucretia A. Bachelor according to the tenor
of the three pronissory notes OF the said
Joseph U. Lay of even date with tue said
deed each for the SUN OF eight hundred and
thirty-three dollars and thirty-three cents and
payable to the order of the said Lucretia A
Bachelor in one, two and three years respec-
lively after date, with interest thereon from
date, and to permit the said Joseph q. Lay, his
heirs or assigns TO use and occupy said des-
cribed lands and premises, and 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
promssory notes or any proper costs, charges,
commissions, halt COMM ssiOns or expense in
and about the same.
And upon 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
inaiier provided for 10 release and reconvey
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
nul being made in the pay ment Of the said
notes, or either of hem, or the interest there
On, or any proper cos,, charge, commission,
halt commission Or expense inland a6ou, the
same, then and al any time thereafter 10 sell
the said described real estate and premises AT
public auction upon such terms and condi-
lions and nj such lime and place and after
such previous public advertisement us 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 and at the
cost OF the purchaser or purchasers thereof,
who shall not be required to see 10 the appi-
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 live per
cent. on The amount of the sale or sales Sc
condly, to pay whatever may then remains
unpaid of he said notes and the interest there
on, whether the same shall then be due or not,
and lastly to pay the remainder, il any, TO
The said Joseph G. Lay, his executors, adj
minislrators or assigns.
That sometime thereafter and before the
maturity OF other of said promssory notes,
the said Lurretia A. Bachelor and William
A. Bachelor, her husband, duly endorsed the
said pr0missory notes, for value, 10 the said
James l.. Piper in his lifetime.
That sometime in the month OF March, 10
the wear eighteen hundred and eighty, the
said james l.. Piper departed this life,
having ia his lifetime made and executed a
last will aud testament OF which he appoin.ed
the complainant the executor, which said last
will and testament was after h,s dtath 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 testamentary on the personal
estate of said deceased were duly granted by
said Cour, TO the complainant.
The bill charges that 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 TO the complainant
since his death, although the time limited for
the payment thereof by the condition of said
deed OF trust has long since passed and pay
meni thereof has been duly demanded of the
said Joseph e. Lay but the whole of said
sum OF money with interest thereon as afore-
said remains due and owing to the complain
ant us the Executor Of the last will and testa-
,,f lao mi la L.
The bill further charges that in consequence
of said default made in tho payment OF said
debt, the complainant requested the said
William A. Bachelor, the trustee named in
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
painant's said claim as required by tho pro-
visions of said deed of trust, but the said
William A. Bachelor has wholly refused and
failed 10 advertise and sell said lands, or in
any manner TO execute the trust rep0sed in
him by said deed and the complainant is ad-
ysed that be is remediless In the premises
without the aid aud intervention Of Court
of Equity.
The bill further states that the said Joseph
q. Lay aud Mary q. Lay, his wife, and
William A. Bachelor do not reside in the
State Of Maryland.
The prayers OF the bill are for u decree
trustee ia the place of the said
William A. Bachelor and directing a sale OF
said land and premises, or 80 much thereof as
may he necessary for the payment OF the
claim and for general relief
II ia lhercupon this 9th day of December,
in the year eighteen hundred and eigbty-lwo,
by the subscriber, Clerk Of the Circuit Court
for Montgomery county, ordered that the
cause copy Of this order to-
gether with the object and substance of the
bill TO he inserted in some newspaper printed
at Rockville, in said Montgomery county once
in each of four successive weeks before the
twcnty-nnlh day OF January next, giving
notice TO the absent defendants named Ia said
bill and warning them to appear in this Court
in person or by solicitor on or before the
day OF April next, to show cause, IL
any they have, why decree shall not pass NJ
prayed,
y. Is. PRETTYNAN, Cpk
Circuit Court for Montgomery county.