The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1894-09-15
GEORGE a. BLAKE, solicitor iof plaintiffs.
ORDER OF PUBLICATION
James kilgore and Mar! g. kilgore and others,
plaintiffs. vs.. Joseph ~ Swaney and
others. defendants.


The object 81 this suit j. to procure decree for
an account and distribution UI the personal estate
ceased, and for sale of the real estate oil when
she died seized and possessed, to supply the deii
cheney OF saidtperSOnal estate in the payment of
the debts OF SAID deceased, costs OF administration
and funeral expenses.
The bill states that the said Margaret Swaney,
was indebted unto tie plaintiff Mary &. ki!g0rc
in the sum OF three hundred and fifty dollars,
now over due. with interest from April 24th, lS92,
on and 10y a deed ui mOtgage, dated April the
oath, 1873, and recorded among the land records
OF Cecil county, aforesaid in Llber ID :. No. .,
folio $40, Ne, and unto the plaintiH Robert II.
Steel in the sum OF thirty dollars and Thirty cents
with interest from the 30th day OF December, in
the year ISL ON and by her promiSory note dated
March the 5Jth, 1871, and now overdue, and also
in the sum OF thirty four dollars on and by an
open account and unto your orator John
L. johnson, in tie sum of : Xty-svvcu dollars
and fity-seyen cehts-ior debt and costs OF a.
ministratton as more fully appears by certified
copy OF said mortgage, and by said notes
ami open accounts filed with SAID bill Of con-
plant as part thereof.
That the said Margaret Swdncy being indebted
as aforesaid TO the plaintiffs and divers other
persons IN large sums OF money, departed this
life on or about the day OF
III the year 1872, possessing certain personal
property anu also seized OF Il farm tract OF
land situated in said county. which was conveyed
unto her. the said Margaret Swauey, by David
c. Work and wife by deed dated December the
9TH, 1880, and recorded among the land records
OF said county in Lihcr J. 4. ID No. 10, folio 244
&c.. as appears by 4 certified copy thereof flied
as part OF said bill) and on when, or i pare OF
which, the mortgage aforesaid is Il lien and hay
ing nrSt made her last will and testament III
writing, dated March the 18th, 1856, which was
duly admitted 10 probate and is row OF record
among the viii record books OF said county in
L-lbcr Ii, No. 10, folio 400. Ne, Gas appears by
certified copy thereof filed as part OF said BID in
which, among other things, she devised as follows
First l VIII and direct that all my Just debts
and funeral expenses, including t0mbstoneS, he
FULLY paid out OF any property. either real peg
sUnal, that am possessed oil At my deCcaSe 10y my
executor hereinafter named. Second. | give and
bequeath all the rest and residue of my real and
personal property TO my son, Joseph 4. Swaney,
on the condition that he fully and faithfully per
form the following obligations First, To keep TOR,
and make this, my present residence. home TOR
my beloved husband, James Swaney, during his
natural life, and deiray the expenses his decent
lnterment alter his deceaSe ard also to keep this
a home Tor my son, Arthur Swaney, with the
privilege to keep his horse and wagon us has
heretofore been done, free OF cost 81 expense.
during his natural life, and de!ray the expense Of
his intcrment alter his decease, Third. | will
that he shalt also pay to my daughter, Hettie
Ann Crow. fifty dollars annually Tor period Oi
ten years only, as her share OF my estate and il
she dies before the ten years expire. then the pay
ments ut her death. shall cease. Fourth. l Will
and bequeath TO my son, John SwaHey. the sum OF
Five Hundred Dollars. to be paid in the year 1855
| or 1889, provided he pays the note or obligation
! he has given and on which and for which pay
ment am security iOr a steam engine, and If he
fails to pay that claim and my executor or my
son, Joseph a. Swaney, has to pay it out ul my
>
be in lieu vi his legacy OF hTe hundred dollars In
| case my son, Joseph a Swaney, should die before
his father my husband, James A. Swancy departs
this lie, then hereby will and direct and herein
| empower my executor hereinafter named to see
that he is dtceniy inferred and to take his place
in the iulnllment and execution OF this will until
at least the dCceaSe OF my husband and until the
| payment OF the legacy to my son. John Swaney,
is made and the obligation is settled and fully
| paid as above named and TIL the payments to
| my daughter, Hettie Ann Grow, arc made or
ats secured for each animal 1, .
ten years. If she lives that long, then will and
| direct that the property be sold and after all
| debts and incumbrances arc paid out Of the pro.
ceeds OF said sale, that the surplus If any, shall
be placed at interest with real estate security
| the support and maintenance OF my son. Arthur
Swaney, during his natural Life and Tor his decent
| nterment after his death, even though 1t
requires the principal as well as the interest and
| at mis- death the surplus. II any to be equally
| divided between my nearest heirs by consan
| guinity.
l hereby direct and appoint John H. Kimhe to
| he my executor Of this my last Will and tesla
ment and hereby empower him to sell make
title and do all other acts for the iulhllmeut OF
| this will the same as l could do il living, and
| leaving surviving her the said Joseph a Swaney,
| Arthur Swaney. John Swaney whose wife is
| Fronie Swaney, Hettie Ann Crow, who is inter
married with Joseph NJ. Crow, her only children
| and heirs at-aw and James y. Swaney, her hus-
| band, the last named OF whom has since departed
this liie-all OF the survivors aforesaid being OF
adult age.
That the said John II. Ktmb!c departed this
| lie before the said teStatriX ana that UPON her
DEATH letters of administration with the will an
EeXed were granted 10y the Orphans Court aiOre-
said unto the said Joseph A. Swaney who poSS-
essed himself the said personal estate but who
failed to dispose OF the same account therefor
or to apply the same TO the payment Of said debts
cost OF administration and funeral expenses.
That the said Joseph a. Swaucy has since
resigned the said office of administrator iureSa
and that a certain Hosea r Smith has been ap-
pointed by the said Orphans Court administrator
in his stead and that he has taken possession OF
Il astn brtrh
the same or to apply the same 10 the payment OF
said debts, costs and expenses.
That the said John G. Yeatman and Samuel
Lindsey claim rs creditors OF said tcSta:TiX To
have some lien on the real estate aforesaid the
nature OF which is To the plrintins unknown,
That the said flettie Ann Crow, Joseph Vi
Crow and Samuel Lindsey live IN the State Of
Delaware. and the said John e.. Icatman lives in
the State Of Penusy lyana, and the said Iohu
Swancy and FrOnie Swauey live in the State OF
Ohio, or elsewhere. beyond the Jurisdiction Of
this court, and the said .IoSerh H. Sw4llry.
Arthur Swancy, ana Hosea K Smith I'D ninis-
traitor as aforesaid, live in SAID Cecil county.
That the said personal estate whereof the said
tesatrix died possessed, is not sufficient 10 pay
her dehtS. costs of administration and iuuera
expenses and that any deficiency in said personal
estate ought to be supple. by \ sale 81 the rGa |
estate Aforesaid but thar the pll!ntinS are with
out relief except hy the aid Of this court.
The bill then prayS for an ccoant G! said Der
SOlal estate and That said real estate may h. sold
for the purposes aforesaid, AID Tor genera! rriei
1t is thereupon ordered this 18th day Il! So.tcin
de-, in the year 1874, that the plaintiffs cause a
copy of this order together with the Substance.
and object OF the bill 10 he il serted in some news
paper published i'll CtciI county once 4 week Tor
Jour successive weeks before The l5;h day I'll
October next. giving notice 10 the sail llrttir
Ann Grow, Joseph NJ. Grow, Samuel LiuI>ey.
John Swancy, AMI Frouie Swdney, and warning
them 10 appear in this court in person or b.!
solicitor On Ire tore the ..lst day Of October next
10 Sh3" ca - +! any they have why deere"
shall Aot pa. $ as prayed.
JAMES 7. GRAHAM.