The Cecil Whig., 1886-05-08
Order Of Publication


Henry NJ. Mccullough, Administrator d. b. H. c.
t. a. OF Sarah f. Beaston. vs. Rebecca &. ray
Ior. Clara Mary Cochran. Charles A. Lum
and Charles Beaston, Jr.
In Equity, in the Circuit Court for Cecil County
No. l5is.
THE object of this SUIT is to procure a
l. decree for the sale OF certain mOrtgaged
premises situated IN the town OF EIkton, in said
county which were mortgaged on the 18th day OF
April. 1870. by Mary b. Lum to Sarah f. Beas-
ton. since deceased, OF whom the plaintiff is ad-
ministrator de bons non, also for general relief
The bill states that on or about the 18th day of
April, 1870, the said Mary b. Lum conveyed said
rea estate which is particularly described in the
bill and accompanying exhibits unto the said
Sarah f. Beaston in her life time by way OF mort
then due and owing from the said Mary b. Lum
to the said Sarah +. Beaston payable with inter
est thereon rom April 1870, on before the lst
day of April, 1875.
That afterwards the said Sarah f. Beaston died
leaving last will and testament of which she
appointed said Mary b. Lum the executor who
proved the same and obtained letters testament
tary thereon.
That the said sum of 81, 400 being the whole of
the estate OF said Sarah +. Beaston for which the
said Mary b. Lum as executor was chargeable
the said Mary b. Lum made claims for certain
credits allowances and expenses of administration
due TO said Mary B. Lum from said Sarah f.
Beastons estate in her hands executor which
we're allowed and passed by the Orphans Court
of Cecil county, and that the balance due on said
mortGage debt is sl.l50 46 as shown by copy OF
the hnal account of said Mary b. Lum as eXecu-
tor hled as an exhibit with the bill.
That Mary b. Luln died in April, 1879 leaving
last Will and testament. whereof she appointed
Henry ii. Mitchell executor with authority to sell
said real estate, who proved the same and obtain
ed letters testamentary thereon.
That the said Henry H. Mitchell as executor of
Mary b. lum, in persuance of authority confer
red upon him by the said last will and testament.
on or about the 18th day of September in the
year 1850, sold and conveyed the said real estate
TO the defendant Rebecca &. Taylar, who is now
seized and possessed Of the same, subject to the
balance OF 81 ,l50.46, the mortgage debt aforesaid
and accrued interest thereon.
That the plaintiff hath obtained from the Or
phans Court OF Cecil county letters of admins
tratlon de b0niS non C, I. a. upon the estate of
said Sarah +. Beaston. deceased and that the
said sum of Sl,l5O.l being the balance due on
said mortgage debt yet remains to be admins
tered upon as O. her estate.
That the said Mary b. Lum about April
!, 1870, mortgaged unto a certain William G.
Rambo the said real estate for the sum of $1,000
said mortgage being due and payable with inter
est on or before April j. 1872
That TINS mortgage was on the 10th day OF
April, 1870, assigned by the said Wm G.. Rambo
to the Elkton Building Society body corporate.
and afterwards on the leth day of April, 1872, as
signed by the said Building Society to the said
Sarah +. BeastOn, deceased
That the plaintiff does not know whether said
Sarah E. Beaston paid any valuable considera-
ton for said mortgage last mentioned that plain
tilt is informed and believes that nothing OF va ue
was paid by her for the same, and that il was the
purpose and intention OF said Mary b. Lum and
Sarah f. Beaston to release said mortgage before
the death Of the latter. and the plaintiff is further
informed and believes that nothing is due to the
said Sarah Il. Beast0ns estate for or on account
said last mentioned mortgage of $1,000.
That as appears by copy OF Sarah Beaston':
will filed as an exhibit with said BILL the defend
ant, Clara Mary Cochran, is entitled to the whole
OF said Sarah f. Beastons estate, and that the
defendants, Charles A. Lum and Charles Beas
ton Jr., have also sum interest in the same as
trustees named in said bill
That the defendant. Clara Mary Cochran, is Al
infant under twenty-0ne years of aye and resides
with her father in Kent county: that the said
Charles Beaston, Jr., resides in the city of Balti
more and the said Rebecca &. Taylor resides il
the State OF Virginia. and the said Charles A
Lnm in the State of Delaware.
1t is therefore adludged and ordered this I'll
day of April, in the year 1886 that the plaintiff
by causing II copy of this order to be inserted il
some newspaper, published in Cecil county, one,
week for one month before the llth day OF MAJ
next. give notice to the said non resident defend
ants x9kAAe object and substance OF this bill ant
ceart in person or b,
~ SSsNsSSS Nm ~ --flth day cf August next
to amises and show cause, il an,
they have. vii y decree ought not to pass a
prayed. u JAMES A. DAVIS
True Copy IT Clerk.
Anl 10-5t JAMES A. DAVIS Clerk