Catoctin clarion., 1884-10-16
DR.. Jas. w. Miller and wife.

The object of this suit is to procure de-
cree for the sale of certain real estate situa-
ted in Frederick county of which John W.
Miller died seized and possessed.
The bill states that said John W. Miller
died about the year 1879 after having made
which was admitted to probate by the Or
phans Court for Frederick county, q copy Of
which is flied with the bill as part thereof
and marked exhibit No. /, That he died
seized aud possessed Of farm situated in
Frederick county containing one hundred
and ninety eight acres more or less, described
in deed from, Mary Ann Miller; that Dr..
James W. Miller, Joseph \. Miller and John
+. ID. Miller the executors of said will
qualified rs such and settled a number of ac-
counts in the Orphans Court and have sold
all the real estate Of said John W. Miller tx
ccpt the said farm and as more than five
years have elapsed since the death of said
tcstator, the time limited by said Will for the
sale of said real estate, doubts are entertain
cd as to the power OF said executors to sell
said farm and it would be to the interest and
advantage OF all parties concerned for said
farm to be sold by Il Trustee, to be appoint
cd hy this Court that Joanna Miller the
widow of said John W. Miller is dead; that
by said will the children of said John w.
Miller are each to have the sum Of cigilthun
drcd dollars out OF the proceeds Of said farm
I L., t,1 f>r t,,,
benefit Of SAID Joanna Miller during her life,
but said will contained no direction as to-
what disposition should be made of said sur
plls after the death Of said Joanna and the
same would descend 10y operation Of law to
the said children of said John W. Miller
namely, Joseph A, Miller, Gcorgianna c.
Rooms wife of john \. koons, Emma f. OFT
wife or John OFT, Minerva Root wife Of Jno.
Root Columbia Miller wife of Levi +. Mil
cr, John =. d. Miller and Dr.. James W.
Miller all Of whom arc adults and reside in
Frederick county with the exception OF DIR.
James W. Miller who is Il nonresident and
resides in the State of NJ ssouri that said
parties in interest have not been able to
a-rcc among themselves for the sale OF said
real estate and it is not susceptible OF divls-
ion among them according TO their respect
i've interests and as the time limited by said
will for The sale of said real estate has expired
it would be to the interest and advantage OF
all parties concerned, for said real estate to
be sold by Trustee to be'appointcd by this
Court, and the proceeds distributed among
them. 1t is ,hcreupon adjudged and ordered
that Tie Plaintiffs, hy causing copy of this
order to be inserted in some newspaper pub
lshed in Frederick county once Il week for
four Successive weeks before the 9th day Of
November, a. d. 1884, give notice to the sad
Nr. James w. Miller and Catharino Miller
his wife who are non-resi1'nts, Of the object
and substance of said pill and warn them to
appear IN this Court in person or by solicitor
on or before the Jth day OF February, A. d.,
1889, to answer the premises and show cause
il any they have why decree ought not to
pass rs prayed.
Dated this End day of October, A. D, 1884.
ADOLPHUS FEARIIAkE, JR.,
Clerk of tie Circuit Court for Frederick Co.
Trrc copv. Test,
ADoLrfpilUs FEARHAKE, JR. Clerk.
oct 1t