Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1883-01-12
ORDER OF PUBLICATION
JOSEPH &. LAY AND MARY d. LAY,
HIS WIFE, AND WILLIAM A.
BATCHEL0R

h he Circuit Court for Montgomery county
sitting ~ q Court Of Equity
fNlIE OBJECT of this bill is 10 procure
l. decree appointing Trustee in the plac
OF William A. Bachelor, the Trustee named
in Deed OF Trust from Joseph G. Lay an,
Mary b. lay, his wife, dated November 10th
1878, and directing the sale of the land II
said deed mentioned and described, OF S,
much thereof as may he necessary for tn
payment OF the compliments claim.
The bill states that on the sixteenll
day OF November, in the year eighteen hun
bred and seventy-eight q certain Joseph G.
Lay and Mary b. Lay, his wife, did by thei
deed of that date convey unto certain VIII
liam A. Bachelor certain lands and premises
lying and being in said Montgomery county
and particularly mentioned and described il
said deed in trust TO secure the payment OF
the sum of twenty-five hundred dollars due
from the said Joseph G. Lay to certain
Lucretia A, Bachelor according TO the tenor
Of the three pronssory notes of the said
Joseph y. Lay Of even date with the said
deed, each for the SUN of eight hundred and
thrty-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 10 permit the said Joseph q. Lay, his
heirs or assigns 10 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 un-
til default be made in the payment OF said
promissory notes or any proper costs, charges,
commissions, half commissions or expense in
and about til Q same.
And upon the full payment of all said noies
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 aud reconvey
the said described lands 10 the said Joseph G.
Lay, his heirs and assigns at his or their
cost
And upon the further trust, that upon de.
fault being made in the pay ment OF the said
notes, or either OF hem, or the interest there
on, or any proper cost, charge, commission,
halt commission or expense in and about the
same, then and At any time thereafter 10 sell
the said described real estate and premises AT
public auction upon such terms and cond-
lions and at 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 and at the
cost OF the purchaser or purchasers thereof,
who shall not be required to see to 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 II commission of five per
cent. on the amount Of the sale or sales So
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 10 pay the remainder, il any, TO
The said Joseph q. Lay, his executors ad-
minislrators or assigns.
That sometime thereafter and before the
maturity of other of said promissory notes,
the said Lurretia A. Bachelor and William
A. Bachelor, her husband, duly endorsed the
said promlssory notes, for value, 10 the said
James l.. Piper in his lifetime.
That sometime in the month of March, in
the year eighteen hundred and eighty, the
said James T.. Piper departed this life,
having in biz lifetime made and executed a
last will aud testament Of which he appointed
the complainant the executor, which said last
will aud 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 testamentary on the personal
estate of said deceased were duly granted bv
said Court 10 the complainant.
The bill charges that no part OF said SUN 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 compla 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 pay
meni thereof has been duly demanded of the
said Joseph G. Lay but the whole of said
SUN OF money with interest thereon as afore-
said remains due and owing 10 the complain
ant as the Executor Of the last will and Tesla
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 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
plainants said claim as required by the 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 reposed in
him by said deed, and the complainant is ad-
vised that he is remediless 10 the premises
without the aid and Intervention of n 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 a trustee IN the place of the said
William A. Bachelor and directing sale OF
said land and premises, or so much thereof as
may he necessary for the payment OF the
compartments claim and for general relief.
II is ihereupon this 27th day Of December,
in the year eighteen hundred and eighty-two,
by the subscriber, Clerk OF the Circuit Court
for Montgomery county, ordered that the
complainant cause copy OF this order to-
geiher with the object and substance of the
bill 10 be inserted In some newspapc. 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 In said
bill and warning them 10 appear in this Court
in person or by solicitor on or before the
lhirtisib day OF April next, to show cause, IT
any they have, why decree shall not pass as
prayed.
u. b. PRETTYMAN, CPk
Circuit Court for Montgomery county.
True c0py-Test
dec 2g-5t Err PRETTYNAN ctL