Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1884-10-23
DR.. Jas. w. Miller and wife.

The object of this suit is to procure de-
cree for the sale of certain real estate s.tua-
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
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 filed with the bill rs part thereof
and marked exhibit No. 1, That he died
seized and possessed of farm situated in
Frederick county containing one hundred
and ninety eight acres more Or less, described
in deed from, Mary Ann NJ icr; that DR..
James W. Miller, Joseph \. Miller and John
qualified as such and settled a numbcr OF &C
counts in the Orphans Court aud have sold
all the real estate OF said John W. Miller cX-
cept the said farm and rs more than five
years have elapsed since the death of said
testator, the time limited by said VIII for the
sale of said real estate, doubts are entertain
ed 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 Trustee, to be appoint
ed by 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 cigLthLn-
dred dollars out OF the proceeds of said farm
and the balance was to DC invested for the
benefit Of sad Joanna Miller during her life,
but said will contained no direction rs 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 y, Miller, Gcorgianna {.
Moons wife of John \. Rooms, Emma T. OF
wife OF john OFT, Minerva Root wife of Jno.
Root, Coumhia Miller wife Of Levi +. Mili-
er, John f. d. Miller aud Dr. James w
VI Her all of whom are adults and reside in
frederick county with the exception Of DR..
James W. Miller vino is u nonresident and
resides in the State o! M;sao"ri that said
parties in interest have not been able to
agree among themselves for the sale of said
real estate aud it is not susceptible of divis-
ion among them according to their respect.
i've interests and rs the time limited by said
will for the sale of SAID real estate has expired
il would he to the interest and advantage OF
all parties concerned, for said real estate to
be sold ly a Trustee to be appointed by this
Court, and the proceeds distributed among
them. 1t is thcreupon adjudged and ordered
that the Plaintiffs, by causing Il copy of this
order to be inserted in some newspaper pub
hshcd in Frederick county once week for
four success siyc weeks before the 9th day of
November, A. ID. 1884, give notice to the SAID
Dr. james w. Miller and Catharine Miller
his wife who are non-rcsid, nts, of the object
and substance of said Dill and warn ncm To
appear III this Court in person or by solicitor
on OF before the 9TH day oil February, a. d.,
1885, to answer tie premises and show cause
if any they have why decree ought not to
pass rs prayed.
Dated this 2nd day of October, A. D. 1894
ADOLPHuS FEARIIAkE JR,
Clerk of the Circuit Court for Frederick Co.
True COPY, Test,
ADoLPilUs FEAEIIAKE, JR Clerk.
oct 81 ....