Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1892-07-23

Meshack Z. iIamll ri a.,
Charles II. Hamil ct ~.
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
in these proceedings and liens. applied to the
payment of said Catharine Hamilrs debts.
The petition states:
First-That Catharine Hamill, whose real
estate was sold by the Trustees appointed in
this case, died indebted unto Samuel Jettries 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 $500; and unto Christopher e.
Jacobs in the sum OF Sl350; and unto J Ben
son Oder in the sum of $4,000; and unto the
estate of Albert Hole, ST., in the sum of
S9l.2l, with interest from February I'd,
1877, and S512 costs and unto Conrad
+. Nickel in the sum of sd 35.
SccOHd-That said Catherine 1lamill died
inteStatc 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.
IHjrd-That the said Catharine Hamill left
the following children and heirs at law
Mcshack ?. Hamill, William J. Hamill,
adults, residing in Allegany county, Mary
land Annie NJ IIamill, Thomas Taylor, IT.,
Ida j. Hamill, Thomas II. Hamill, inter
married with Cora Cole, Charles II Hamill,
Katie G., interuarried with Nicholas NJ.
Dean, all adults and nonresidentS of the
State of Maryland.
F0Hyth-That under decree of this Court,
heretofore passed and filed among the pro-
ceedngs IN this case, to which all of the
aforesaid heirs are parties Clayton Purnell
and J. Benson Oder were appointed Trustees
to sell the real estate of said Catharine
Hamill; that they have sold the same for
$4,000 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.
Fpih-That William r. Percy holds a
| mortgage on said real estate; that he is Il
party to these proceedings and is entitled to
have his mortgage debt paid out of the pro-
ceedS Of the sale as first lien thereon.
SjhN-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 as 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 Purnel and j. Benson Oder,
Trustees William Il. 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 Allcgany county
sitting in Equity
O'dered, That the petitioners by causing a
copy of this order to be inserted in some
newspaper published in said Allegany county
once in each of four successive weeks before
the LIST day of August, 1892 give notice to
| said nonresident 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