Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1883-08-10

lVUNHE OBJECT OF this suit Is to obtain a
Il Decree for'the sale Of the Real Estaie, 10
Montgomery county, OF Patrick Cummings,
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
10 the sum OF two hundred aud thirteen dol
lars for matters properly chargeable Ia accou II
and also unto divers other persons In large
SUMS f money, sometime In the year eighteen
hundred and eighty-two, departed this life,
leaving u small amount of personal pre- perry
and being at the time of his death seized and
possessed of tract of land containing about
sixty-two acres, about thirty acres OF which
are situated IL said Montgomery county md
the balance In the District OF Columbia, and
having in his lifetime made and executed,
with all the legal iormaliiies necessary to pass
real estate, y last will ind testament, which
has since his death been duly admitted 10 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 my 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 AT any time she may think proper sell or
convey any part or parcel of the above mem
toned property TO pay any debts that may
come against my estate, and do not leave
money enough TO pay said debts.
81 will also that whatever OF the above
mentioned property be in the possession OF
the said Mary Jane Wise at the time of her
death, will that II be equally divided among
her remaining children" and appointed Jas.
l.. CarberIy, 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 eighiy-,wo, letters
testamentary on the personal estate OF the
said Patrick Cummings were granted by the
Orphans Court OF Montgomery county4to
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-
sonal estate In the hands OF the said james
be applied TO the payment of the claims of the
Complainant and the other creditors OF the
said Patrick Cummings, deceased, so far forth
as the same will extend, aud that any def
cheney thereof ought to be supplied by sale
OF the real estate of the said Patrick Cum
mings, deceased, or 80 much thereof as might
be necessary TO that purpose.
The Bill further states that the said Mary
Jane Wise Is intermarried with certain Jo-
seph Wise, and that they have seven chill
dren, viz: Ellen, George, William, Joseph,
Emma, Mary and Edward, the four last named
Of whom are infants under the age OF twenty
one years, and that the said James l.. Car ber-
ry, Joseph Wise, Mary Jane Wise and the
said children Of the said Mary Jane Wise do
not reside In the State Of Maryland, but re-
side 10 the District Of Columbia
The prayers of the Bill are for an account
Of the personal estate OF the said Patrick Cum
mings, deceased, aud an application thereof
in due course OF administration 10 the pay
ment of the debts Of the said Patrick Cum
mings, and for decree Tor the sale OF the
real estate Of the said deceased, or 50 much
thereof AS may be necessary for the payment
OF so much OF the said debts Ms may remain
unpaid by the application Of the personal es.
tate OF said testator, and for general relief.
1t is thereupon, this 10th day of July, Ia
the year eighteen hundred and eighty three,
adjudged and ordered that the Complainant,
by causing copy Of this order to be inserted
In some newspaper published at Rockville, In
said Montgomery county, once In each OF
four successive weeks before the Goth day Of
August next give notice TO the said absent
defendants Of the object and substance OF this
Bill, and warn them TO appear in person or by
solicitor, on or before the goth day OF August
next, to show cause, II any they have, why u
decree ought not 10 pass as prayed.
Il. Is. PRETTYMAK, Ok
Circuit Court for Montgomery county.
True copy-Tesl:
July 27-4t II. Is, PRETTYMAN, CPk.