The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1894-10-06
HEAD OF GOV
GEORGE A. BLAKE, solicitor for -
ORDER OF PUBLIN
James Kilgo:e and Mary c. Kilgore -
plaintiffs, VS.. Joseph A. Swane
others, defendants.
In the Circuit Court for Cecil County


The object OF this suit is to procure &
an account and distribution OF the pers
of Margaret Swaney, late OF Cecil e
ceased, and for n sale of the real estate
she died seized and possessed, TO suppiyr
cheney OF said personal estate in the pa
the debts OF said deceased, costs of admi
and funeral expenses.
The bill states that the said Margaret
was indebted unto the plaintiff Mary q.
in the sum OF three hundred and tii
now over due, with interest from April
on and by deed of motgage, dated
oath 1873, and recorded among the lak
OF Cecil county, aforesaid in Liber
folio $40, &c, and unto the plaintiff
Steel in the sum of thirty dollars and
with interest from the Both day of De
the year 1891 on and by her promisoryS
March the Both, 1891, and now overd1
in the sum of thirty four dollars on Is
open account: and unto your
Il. johnson, in the sum of siXty-sesfAs
and ffty-seven cents-for debt and costs
Ininistration as more fully appears by &c
copy OF said mortgage, and by said
and open accounts filed with said bill oil
plant as part thereof.
That the said Margaret Swaney being l.
as aforesaid to the plaintiffs and dive
persons in large sums OF money, depa$
lie on OR about the day OF MI.
in the year 1892, possessing certain =
property and also seized of farm or
land situated in said county, which was
unto her, the said Margaret Swaney, f
G. Work and wife by deed dated Dec~~
H.
OF said county in I-iber J. A. D., No.
Sc annsars by q certified copy q
as part OF said BTIlIJ sSh'r-ssSs- yyhicn, q
which. the m9T'gase aforesaid - mi.
duly iS' limited to Probate atah' 1855 ShieA
among the will record books Js now o. ne'i +
Liber II, No. Is, folio 433, sc, las ~ County -
certified copy thereo filed as part of sai3sssnpp
which, among other things, she devised as hSN
First Will and direct that all my just ID
and funeral expenses, including tombstonesA
fully paid out OF any property, either real or ~
sonal, that [ am possessed OF at my decease, byl
executor hereinafter named. Second. l give AT
begueath all the rest and residue of my real al &
personal property to my son, Joseph a. Swane
on the condition that he fully and faithfully pc
form the following obligations First, To keep foI
and make this, my present residence, a home fol
my beloved husband, James Swaney, during his
natural life and defray the expenses OF his decen,
internent alter his decease; and also to keep this
Il home Tor my son, Arthur Swaney, with the
privilege to keep his horse and wagon as has
heretofore been done, free of cost expense
during his natural life, and deiray the expense Of
his interment alter his decease, Third. / will
that he shall also pay to my daughter, Hettit
ten years only, as her share of my estate, and il
she les before the ten years EXPIRE then the pay
ments at her death shall cease. Fourth. will
and bequeath to my son, John Swaney the sum Of
Five Hundred Dollars, to be paid in the year 1856
or 1882 provided he pays the note or obligation
he has given and On which and for which pay
ment am security for steam engine, and if he
fails to pay that claim and my executor or my
son, Joseph a. Swaney, has to pay it out of my
estate or property, then the said payment shall
be in lieu OF his legacy OF five hundred dollars. In
case my son, Joseph A. Swaney, should die before
his father, my husband, James A.Swaney departs
this life, then hereby will and direct and herein
empower my executor hereinafter named to sec
that he IS decenty Inferred and to take his place
in the iuitilment and execution OF this will, unit
at least the deceasc 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 till the payments t.
my daughter, Hettie Ann Crow, are made OF
safely secured Tor each annual payment ter Tit
ten years, ii she lives that long, then will ant
direct that the property be sold and after al
debts and incumbrances are paid out OF the pro
ceeds of said sale, that the surplus, if any, shall
be placed ut interest with real estate security TO
the support and maintenance OF my son. Arthu
Swaney, during his natural life and Tor his decen
intcrment after his death, though l
requires the principal as well as the interest AM
at his death the surplus, If any, to be equall
divided between MY nearest heirs by c0nsan
guinity.
l hereby direct and appoint ohm II. Kimble t
be my executor of this my last will and tesla
ment and hereby empower him to sell. max
title and do all other acts for the fulfllment c
this will the same as l could do If living, an
leaving surviving her the said Joseph A. Swaney
Arthur Swauey. John Swaney whose wife
FrOnie Swaney, Hettie Ann Grow, who is intel
married with Joseph NJ. Crow, her only childre
and heirs at-law and James A, Swaney, her hu:
band. the last named of whom has since departe
this lIte-all of the survivors aforesaid being
adult age.
That the said John II. Kimble departed thi
lie before the said testatriX and that upon he
death, letters of administration with the will al
rexed were granted by the Orphans Court afor,
said unto the said Joseph a. Swaney who pos
essed himself o the said personal estate but VIII
failed to dispose of the same on account thereto
or to apply the same to the payment Of said debt
cost OF administration and funeral expenses.
That the said joseph A. Swaney has sine
resigned the said office OF administrator aoresai
and that certain Hosea X. Smith has been al
pointed by the said Orphans Court Administered
in his stead and that he has taken possession
said personal estate but has failed to account 10
the same or to apply the same TO the payment
said debts, costs and expenses.
That the said John q. Ieatman and Sanut
Lindsey claim, as creditors of said testatrix, {
have some lien on the real estate aforesaid, tn
nature of which is to the plaintiffs unknown,
That the said Hettie Ann Crow, Joseph M
Crow and Samuel Lindsey live IN the State
Delaware, and the said john q. Yeatman lives 1
the State OF Pennsyl vania, and the said Jon
Swaney and Fronic Swaney live in the State
Ohio, or elsewhere, beyond the Jurisdiction
this court, and the said Joseph A. Swaney
Arthur Swaney, and Hosea r. Smith, admini
traitor as aforesaid, live in said Cecil county.
That the said personal estate whereof the sal
testatrix died possessed, is not sufficient to pa
her debts, costs of administration and tuners
expenses and that any deficiency in said persona
estate ought to be supplied by sale oil the rea
| estate aforesaid but that the plaintiffs are VII
out relief except by the aid oil TINS court.
The bill then prays for an account OF said pc
sona estate and that said real estate may be sell
for the purposes aforesaid, and for general relic
1t is thereupon ordered this 18th day of SepteI
de-, in the year 1884, that the plaintiffs cause
copy of this order, together with the SuDstanc
and object of the bill to be inserted in some new
paper published in Cecil county once week X
| Jour successive weeks before the 18th day
October next, giving notice to the said Hett
Ann Crow, Joseph NJ. Grow, Samuel Lindse,
John Swaney and Fronie Swaney, and warnin
them to appear in this court in person or b
solicitor or be fore the 3lst day OF OCTOBER mex
| 20 show cause If any they have why a deere
| shall not pass as prayed.
JAMES T. GRAHAM,
True Copy-Test: Clerk
sl5It JAMES T. GRAHAM, Clerk.