Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1883-07-27
ORDER OF PUBLICATION.
Mary Cummings VS.. james L. Carberry,
Executor of the last will and tesla
ment of Patrick Cummings, deceased,
and others.
In The Circuit Court for Montgomery county
sitting as Court Of Equity.

TNHE obj Of this suit is to obtain a
l. Decree for the sale of the Real Estate, in
Montgomery county, of Patrick Cummi ngs,
late of said county dec d or so much thereof as
may be necessary for the purpose of paying so
much of the debt of the said Patrick Cum
mings, deceased, as may remain unpaid by
the application OF the personal estate OF said
deceased.
The Bill states that the said Patrick Cum
mings, being indebted unto the Complainant
in the sum of two hundred and thirteen dol
lars for matters properly chargeable in account
and also unto divers other persons in large
sums OF money, sometime in the year eighteen
hundred and eighty-two, departed this life,
leaving small amount of personal property
and being at the time Of bis death seized and
possessed of tract of land containing about
sixty-twO acres, about thirty acres of which
are situated in said Montgomery county and
the balance in the District Of Columbia, and
having in his lifetime made and executed,
with all the legal formalities necessary to pass
real estate, a last will and testament, which
has since his death been duly admitted to pro-
bate by the Orphans Court of said Montgom-
cry county, by which said last will and testa-
ment, after providing for the payment of his
debts and funeral charges he bequeaths and
devises as follows:
''ltem-i give and bequeath TO nv dearly
beloved niece, Mary Jane Wise, all the real
personal and mixed property, of whatsoever
kind, of which may die seized, 10 have and
to hold during her natural life.
81 will that my said niece, Mary Jane Wise,
may ut any time she may think proper sell or
convey any part or parcel of the above men,
toned property to pay any debts that may
come against my estate and do not leave
money enough to pay said debts.
! will oIo NH e Al, -
mentioned property be in the possession OF
the said Mary Jane Wise at the time Of her
death, will thatit be equally divided among
her remaining children" and appointed Jas.
L. Carberry, OF the District OF Columbia,
| Executor of his last will and testament.
That on the fifth day of December in the
year eighteen hundred and eghty-two, letters
testameniary on the personal estate of the
said Patrick Cummings were granted by the
Orphans Court OF Montgomery county to
the said James l.. Carberry, who has duly
qualified as such Executor.
That the said personal estate in the hands
of said Executor is not sufficient TO discharge
all the debts due and owing by the said Pat
rick Cummings at the time of his death, and
the complainant is advised that the said per
soral estate in the hands OF the said james
l.. Carberry, Executor as Aforesaid, ought t.
be applied 10 the payment of the claims of the
Complainant and the other creditors of tn,
said Patrick Cummings, deceased, so far fOrtl
as the same will extend, aud that any def
cheney thereof ought TO be supplied by II sal,
OF the real estate of the said Patrick Cum
mings, deceased, or so much thereof as nigh
be necessary to that purpose.
The Bill further states that the said Mary
Jane Wise is intermarried with certain 10
seph Wise, and that they have seven chill
dren, viz: Ellen, George, William, Joseph
Emma, Mary and Edward, the four last nameC
OF whom are infants under the age Of twenty
one years, and that the said James l.. CARRIER
ry, Joseph Wise, Mary Jane Wise and tn
said children of the said Mary Jane Wise d.
not reside in the State of Maryland, but re
side in the District of Columbia.
The prayers of the Bill are for an accoun
of the personal estate of the said Patrick Cum
mings, deceased, and an application thereO
in due course Of administration TO the pay
ment of the debts of the said Patrick Cum
mings, and for Il decree for the sale Of lh
real estate of the said deceased, or so nue.
thereof as may be necessary for the paymen
OF so much OF the said debts as may renal
unpaid by the application OF the personal es
tate Of said testator, and for general relief.
1t is thereupon, this goth day of July, il
the year eighteen hundred and eighty three
adjudged and ordered that the Complainant
by causing II copy of this order to be inserte
in some newspaper published at Rockville, i
said Montgomery county, once in each c
four successive weeks before the goth day {
August next, give notice to the said abser
defendants Of the object and substance of thi
Bill, and warn them to appear in person or b
solicitor, on or before the Goth day Of Augu:
next, to show cause, if any they have, why
decree ought not to pass as prayed.
Il. b. PRETTYMAN, elk
Circuit Court for Montgomery county.
True copy-Test:
july 27-4t L. b. PRETTYMAN, Crk.