Catoctin clarion., 1884-11-06
DR.. Jas. w. Miller and wife.

The object Of this suit is to procure q 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 1879, after having made
and duly executed his last viii and testament
which was admitted TO probate By tie Or
phanS Court for Frederick county, a copy of
which s filed with the bill as part thereof
and marked exhibit No. /, That he died
seized ard posscssc,, Of farm situated in
Frederick county containing one hundred
and min ty eight acres more or less, described
IN deed from, Mary Ann NJ Her that DR..
James W. Miller Joseph \. Miller and John
+. ID. Miller the executors of SAID will
qualified as sucA and settled numHCr Of ac-
counts in the Orphans Court and have sold
cept the said farm and as more than five
ye;rs have elapsed since the death of said
testutor, the time limited BY said VIII for the
sale of said real estate, doubts are entertain
ed rs to the power OF said executors to s.ll
said farm and it would be to the interest and
advantage Of ali 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
by said will the children of said John W.
Miller are each to have the sum of eighthun-
Il ~ 10 ~ t.l
and the balance was to be invested for the
benefit of sad Joanna Miller during her life,
but 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, Georgianna {.
Rooms wife of John A. Rooms, Emma +. OFT
wife of JOHN OFT, Minerva Root wife Of Jno,
Root, Columbia Miller wife of Levi f. Mill
er, John Il. d. Miller and DR.. James W.
Frederick county with the exception of DR..
James w. Miller who is n on-residcnt 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 it is not susceptible of divis-
ion among them according to their respect
i've interests and as thc time limited by said
will for the sale of said real estate has expired
it would be to the interest and advantage of
oil parties concerned, for said real estate to
be sold 10y Trustee to be appointed by this
Court and the proceeds distributed among
them. 1t is lheIeupon adjudged and ordered
that the Plaintiffs, by causing copy of this
order to he inserted in some newspaper pub
lished in Frederick county once a week for
four successive weeks before the 9th day of
November, \. y. 1884, give notice to the SAID
Dr. James w. Miller and Catharine Miller
his wife who are non-resid,nts, 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, \. 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. ID, 1884.
ADOLPIIUS FEARllAKE, JR..
Clerk of tnc Circuit Court for Frederick Co.
True copv. Test,
ADOLPIlUs FEARHAKE, JR. Clerk.
oct 8 st