Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1883-01-05
ORDER OF PUBLICATION.
WILLIAM A FISHER, EXECUTOR OF
THE LAST WILL AND TESLA
MENT OF JAMES H.. PIPER,
DECEASED,
JOSEPH O. LAY AND MARY B. LAY,
HIS WIFE, AND WILLIAM A.
BATCHELOR.


THE OBJECT of this bill is to procure I
l. decree appointing Trustee in the plac
of William A. Bachelor, the Trustee named
in Deed OF Trust from Joseph @. Lay and
Mary b. Lay, his wife, dated November l6lh
1878, and directing the sale Of the land IL
said deed mentioned and described, or sc
much thereof Ms may be necessary for th,
payment OF the oomplainants claim.
The bill states that on the sixteenth
day OF November, in the year eighteen hun.
dred and seventy-eight, certain Joseph @.
Lay and Mary B. Lay, his wife, did by theil
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 and described in
said deed in trust to secure the payment Of
the sum OF twenty-five hundred dollars due
from the said Joseph @. Lay to q certain
Lucretia A. Bachelor according to the tenor
of the three pronissory notes of the said
Joseph o. Lay Of even date with the said
deed, each for the sum OF eight hundred and
thirty-three dollars and thirty-three cents and
payable to the order of the said Lucrelia A.
Bachelor In one, two and three years respec-
lively after date, with interest thereon from
date, and TO permit the said Joseph U. Lay, his
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-
Ill default be made in the payment Of said
promissory notes or any proper costs, charges
commissions, half commissions 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
matter provided tor to release and reconvey
the said described lands 10 the said Joseph o.
Lay, his heirs and assigns at his or their
cost.
And upon the further trust, that upon de-
fault being made in the pay meht OF the snid
notes, or either Of hem, or the interest there
on, or any proper cost, charge, commission,
half commission or expense in aud about the
same, then and Al any time thereafter 10 sell
the said described real estate and premises al
public auction upon such terms and condi-
lions and at such time and place and after
such previous public ad vertisement 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 saine In fee simple TO and at the
cost OF the purchaser or purchasers thereof,
who shall mol be required to see 10 the appli-
cation Of the purchase money, and of the
proceeds oi said sale or sales, first, TO pay all
proper costs, charges, expenses and 10 retain
AS compensation commission OF i've per
cent. on the amount of the sale or sales So
condly, to pay whatever may then remains
unpaid Of the said notes and the Ia teresi there
Oh, whether the same shall then be due or not,
and lastly 10 pay the remainder, il any, 10
Al, Tav nd
minisirators or assigns.
That sometime thereafter and before the
maturity OF other Of said promissory notes,
the said I.urretia A. Bachelor and William
A. Bachelor, her husband, duly endorsed the
said promissory notes, for value, TO the said
james l.. Piper In his lifetime
That sometime in the month of March, in
the year eighteen hundred and eighty, the
said Jamrs Il. Piper departed this life,
having 10 his lifetime made and executed "A
last will nnd 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, 10 the year eighteen hundred and
eighty, letters documentary on the personal
estate OF said deceased were duly granted by
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 bis lifetime or 10 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 par
men, thereof has been duly demanded of the
said Joseph G. Lay but the whole of said
sum OF money with interest thereon rs afore-
said remains due and owing 10 the complain
ant rs the Executor of the last will and iesta-
ment of the said James l.. Piper, deceased.
The bill further charges that In consequence
Of said default made 10 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, 10 proceed TO advertise and sell said
lands and premises for the payment ofthe 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 to advertise and sell said lands, or 10
any manner TO execute the trust repossd in
him by said deed, and the complainant Is ad-
vised that he 10 remediless In the premises
without the aid and Intervention of a Court
Of Equity.
The bill further states that the said Joseph
q. Lay and Mary b. Lay, bis wife, and
William A. bachelor do not reside 10 the
State OF Maryland.
The prayers OF the bill are for decree
II trustee Ia the place of the said
William A. Bachelor and directing q salc OF
said land and premises, or so much thereof as
may DO necessary for the payment OF the
claim and for general relief.
It's thereupon this 9th 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
cause copy Of this order to-
gether with the object and substance OF the
bill 10 be inserted In some newspape. printed
at Rockville, 10 said Montgomery county once
in each Of four successive weeks before the
twenty day OF January next, giving
notice to the absent defenden,s named 10 said
bill and warning them TO appear 10 this Court
in person or by solicitor on or before the
day Of April next, 70 show cause, II
any they have, why decree shall not pass rs
prayed.
v. b. PRETTYMAN, CPk
Circuit Court for Montgomery county.
True copy-Test;
dec 29-5t E.B PRETTYMAN, CPk.