Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1884-10-30
DR.. Jas. w. Miller and wife.

The object of this suit is to procure n 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 ". Miller
died about the year 1870, after having made
and duly executed his last will and testament
which was admitted TO probate by the Or.
phans Court for frederick county, a copy Of
which is lied with the bill "a part thereof
and marked exhibit No. I, That he died
seized and possessed of farm situated in
Frederick county containing one hundred
and ninety eight acres more or less, described
m deed from, Mary Ann Miller; that DR..
James ". Miller, Joseph A, Miller and John
f. ID. Miller the executors of SAID will
qualified as such and settled n number OF ac-
counts in the Orphans Court and have sold
all the real estate of said John W. Miller ex-
ccpt the said farm and rs more than five
years have elapsed since the death of said
tcstator, the time limited by said VIII 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 he to the interest and
advantage of all parties concerned for said
farm to be sold by Trustee, to be appoint.
cd by this Court; that Joanna Miller the
widow Of said John W. Miller is dead; that
hy said will the children Of sad John W.
Miller are each to have the sum of cighthun-
dred dollars out of the proceeds of said farm
and the balance was 10 M invested for the
benefit of sad Joanna Miller during her life,
hut said will contained no direction as to
what disposition should be made of said sur
plus after the death of said Joanna and the
same would descend by operation of law to
the said children of said John W. Miller
namely, Joseph a, Miller, Gcorgianna G..
Rooms wife of John A. Rooms, Emma T. OFT
wife of John OFT, Minerva Root wife of Jno.
Root, Columbia Miller wife of Levi F. Mill
err. John +. d. Miller and Dr. James W.
Miller all of whom are adults and reside in
Frederick county with the exception Of DR..
James w. Miller who is n non resident and
resides in the State OF Missouri that said
parties in interest have not been able to
agree among themselves for the sale of said
real estate and ii is not susceptible OF dlVlS-
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 appointed by this
Court, and the proceeds distributed among
them 1t is thcreupon adiudged and ordered
that the Plaintiffs, by causing copy OF this
order to be inserted in some newspaper pub
hshcd in Frederick county once n week for
four successive weeks before the 9th day Of
November, A. ID. 1884, give notice to the sad
Dr. James w. Miller and Catharine Miller
his wife who are non-resiacnts of the object
and substance of said pill and warn mem to
appear in this Court in person or by solicitor
on or before the 9Th day of February A. d.,
1885, to answer the premises and show cause
if any they have why decree ought not to
pass as prayed.
Dated this end day of October, A. d. 1884,
ADOLPHUS FEARHAKE, JR,,
Clerk of the Circuit Court for Frederick Co..
True copy, Test,
oct 0 81