Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1892-07-09


Meshack p. Hamill et a.,
Charles II. Hamil Ell al.
THE object of the petition filed in this case
L is to have the surplus proceeds of the
sale of the real estate of Catharine Hamill
deceased, after the payment of taxes, the costs
i'll these proceedings and liens applied to the
payment of said Catharine Hamilrs debts.
The petition states:
Frst-That Catharine Hamill, whose real
estate was sold by the Trustees appointed in
this case, died indebted unto Samuel Jetfries in
the sum of S77.S7, with interest from the 18th
day of September, 1885, and in the further
sum of - costs; and unto Emma Alexander
in the sum of S53.0 3; and unto Christopher c.
Jacobs i'll the sum of $3.50; and unto }. Ben
son Oder in the sum of 10000 and unto the
estate of Albert Holle ST., in the sum of
s91.24 with interest from February I'd,
1877, and 1912 costs and unto Conrad
f. Nickel in the sum of S2l.35.
Second-That said Catharine Hamill died
intestate leaving little personal property;
that no letters of administration have ever
been taken out on her estate; and that her per-
sonal property is wholly insufficient to pay
her debts.
1Hrd-That the said Catharine Hamil left
the following children and heirs at law:
adults residing in Allegany county, Mary
land Annie NJ: Hanill, Thomas Taylor, ir.,
both infants residing in said Alegany county
Ida j. HamilI, Thomas H. Hamill inter
married with Cora Cole, Charles II. Hamill,
Katie g., intermarried with Nicholas NJ.
Dean, all adults and non-residents of the
State Of Maryland.
FOHrth-That under a decree of this Court,
heretofore passed and filed among the pro-
ceedings in this case, to which all Of the
aforesaid heirs are parties, Clayton Purnell
and }. Benson Oder were appointed Trustees
hn tnt of COLI tI,,-, mn
Hamill that they have sold the same for
$3,9O0.0O and have duly reported said sale to
this Court, and that the same has been finally
ratified and confirmed, and that the said
Trustees are about to distribute said money
among said heirs.
FitW--That William Il. Percy holds a
mortgage on said real estate; that he is a
party to these proceedings ard is entitled to
have his mortgage debt paid out of the pro-
ceeds Of the sale as first lien thereon.
Sinh-That after the payment of taxes, the
costs of these proceedings and the said mort
gage debt, the said proceeds of sale are prop
erly applicable to the payment Of petitioners
claims well as the claims of all other
creditors of said Catharine Hamill before
distribution is made to said heirs.
The petition then prays for process against
the said Clayton Purnell and J. Benson Oder,
Trustees, William II. Percy and the said res
ident heirs, and for an order of publication
against the said nonresident heirs.
1t is thereupon this It'll day of July, 1892,
by the Circuit Court for Allegany county
sitting in Equity
Ordered, That the petitioners by causing a
copy of this order to be inserted in some
newspaper published in said Alcgany county
once in each of four successive weeks before
the LIST day of August, 1892, give notice to
said non resident heirs of the object and
substance of this petition and warning them
to appear in this Court in person or by
solicitor on or before the 18th day of August,
next to show cause, if any they have, why
decree ought not to be passed as prayed.
II. w. HOFFMAN,.
True copy. Test: THEo. LUMAN, Clerk.
july 9-4t