Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1884-10-09
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
and daily executed his last will and testament
which was admitted to probate by the Or
phans Court for Frederick county, a copy Of
which is flied with TIE bill as part thereof
and marked exhibit No. /, That he died
seized and possessed of a 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 as SUCH and settled Il number Of az
counts in the Orphans Court and have sold
all the real estate Ok said john W. Miller tx
cept the said farm and as more than five
ycars have elapsed since the death Of said
testator, 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 be to the interest and
advantage ofa!l parties concerned for said
farm to be sold by a 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 eighthun-
dred dollars ont of She proceeds of said fam
and tie balance was to be invested for the
benefit Of SAID Joanna Miller during her life,
bat said VIII contained no direction as 70
what disposition should be ma lc of said sur
Plus after the death Of sNit Joanna and the
same would descend by operation Of law to
the said children Of said John W. Miller
nancy, Joseph \, Miller, Gcorgianna c.
Rooms wife OF John \. Rooms, Emma Z. OFT
wife of Jonn OFT, Minerva Root wife of jno.
Root, Columbia Miller wife OF Levi f. Mill
err John f. d. Miller and DR.. james W.
Miller all OF whom are ulUits and rcsitc in
Frederick county with the exception Of DR..
James W. Miller who is q nonresident and
resides in the State of Missouri; that said
parties in interest have not been abe to
agree among themselves for The sale of said
real estate and it is not susceptible of div.s-
ion among them according To- their respect.
i've interests and as tie time limited by said
will for the sale of said real estate has expired
il would be to the interest and advantage Of
All parties concerned for said real estate to
bc sold Ivy Trustee to BE appointed by this
Court, and the proceeds distributed among
them. 1t is lhcrcupon aljudgcd and ordered
that tie Plaintiffs, by causing copy of this
order to be inserted in sollc newspaper pub
l.shcd in Frederick county once week for
four Successive weeks before the 9th day of
November, a. ID. 1854, give notice to the sald
Dr.. James w. Miller and Catharine Miller
his wife who are non-resid,nts, of the object
and substance of said sill and warn them to
appear IN this Court in person or by solicitor
on or before the 9th day of February, y. d.,
1885, to answer the premises and show cause
if any they have why decree ought not to
pass as prayed.
Dated this 2nd day of October, a d, 1884.
ADOLPlIuS FEARHAKE JR,
Clerk of tue Circuit Court for Frederick Co.
'True copy. Test,
ADOLPuUs FEARHAKE, JR Clerk.
oct q 1T