The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1894-09-22
GEORGE y. BLAKE, solicitor ior plain
ORDER OF PUBLICA1
James kilgo-c and Mary &. Kilgore and .
plaintiffs, vs.. Joseph A. Swaney and
others. defendants.
In the Circuit Court for Cecil County, in ECU

The object Of this suit is TO procure decree
an account and distribution OF the personal estal
| OF Margaret Swaney, late OF Cecil county de
ceased, and Tor sale of the real estate of which
she died seized and possessed, TO supply the den.
| cheney of said; personal estate in the payment O
the debts OF said deceased costs OF administration
and funeral expenses.
| The bill states that the said Margaret Swapey
| was indebted unto the plaintiff Mary G. KiIgore
in the sum OF three hundred and fifty collars
now over due, with interest from April 2ltl, 1892
| on ana by i deed Of mOtgage, dated April the
| 24th, 1873, and recorded among the land records
| OF Cec!l county, aforesaid in Liber ID s. No Q
| lOhO $40, &c, and unto the plaintiff Robert H
Steel IN the sum OF thirty dollars and thirty cents
| with interest from the 3Oth day of December in
the year 1891. on and by her promisory note dated
| March the 3Oth, 1891, and now overdue and aIso
| in the sum OF thirty four dollars on and by an
| open account: ard unto your orator John
| L. johnson, in the sum of sixty-seyen dollars
| and nity-Scyen cents-for debt and costs of ad-
| miniStraton as more fully appears by certified
| copy OF said mortgage, and by said notes
and open accounts iled with said bill of COM
plant part thereof.
That the said Margaret Swaney being indebted
as aforesaid to the plaintiffs and divers other
life on or about the day OF
in the year 1892, possessing certain personal
property and also seized of a farm or tract r.
n4d 6 s5ap fSs 6 in iH ae e29ntV which
G. Work and wife hY do "a Decembs.
9th. 1850, and recorded among the land re
OF said county in Liber j. A. D.. No. TO- foII
as part OF said bin and on which, or a pa
which, the mortgage aforesaid is lien and
ing lrst made her last will and testamel
writing, dated March the 18th, 1855, which
duly admitted to probate and is now of rec,
among the will record books of said COUNT
Libcr II, No. 10, folio 1873, sc, las appears L
certified copy thereof filed as part of said billy
which, among other things she devised as foliS
First. VIII and direct that all my Just de.
and funeral expenses, including tombstones,s
fully paid out OF any property, either real or pc
sonil, that am possessed OF tiny decease, byD ?
executor hereinafter named Second L give ar
bequcath all the rest and residue of my real az
personal property to my son, Joseph A. Swanef
on the condition that he fully and faithfully pc
form the following obligations: First To keep fol
and make thls, my present residence home 10
my beloted husband James Swaney, during hfs =
natural life, and detray the expenses OF his decent
lntermcnt alter his decease: and also to keen this
home Tor my son, Arthur Swaney, with the
privilege to keep his horse and wagon as has
heretofore been done, free of cost or expense
during; his natural life and deIray the expense OF
his intcrment alter his decease, Third. | will (
that he snail also pay to my daughter Hettie {
Ann Cow, fifty dollars annually Tor period of
ten years only, as her share of nv estate and if
she dies before the ten years expire, then the pay
mentS 1T her death shall cease Fourth. iii
and heqUcath to my son, John Swaney, the sum of
Five Hundred Dollars. to be paid in lie wear 1855
or 1889, provided he pays the note or obligation
he has given and on which and for which nav
mcnt l am security for a steam engine, and II he
fails to pay that claim and my executor or NV
son, Joseph il. Swaney, has to pay it out OF my
-
he in lieu OF his legacy OF five hundred dollars In
case my son, Joseph \. SWauey should die before
ms latheT my husband, James A. Swaney departs
inns NE then hereby will and direct nd herein
empower my executor hereinafter named to see
that lie is decenty Inferred and to take his Mace
N inc iu!hlincnt and execution OF this will until
II ieaSt the dcceaSe OF my husband and until the
'&ymcnt OF the legacy to my son, John Swaney.
5 made and the obligation is settled and fully
paid as above named and till the payments to
ny daughter Hottie Ann Crow, are made or
aiely secured Tor each annual payment for the
Ell years, If she lives that long then | will and
lirect that the property be sold and alter all
lcbtS and membranes are paid out of the pro-
eeds OF said sale, that the surplus if any shall
&c placed at interest with real estate security for
he support and maintenance OF my son, Ard II
'waney, during his natural life and for his de.
ntcrmcnt after his death, even thong.
eIuircS the principal as well as the int crest and
I his death the surplus. If any, to lie equally
lrided between my nearest heirs by consan
unity.
l hereby direct and appoint John II. Kimble to
e my executor OF this my last will and tesla
lcnt and hereby empower him to sell make
tie and do all other acts Ter the fulhlment of
his Will the same l could do if living and
'aylns surviving her the said Joseph A. Swaney,
.rtEur Swaney. John Swaney whose wife is
ROME Swaney, Hettie Ann Crow, who is inter
iarriet with Joseph NJ. Crow, her only children
nj heirs at-law and James A, Swaney her hus-
and. the last named OF whom has since deuarted
liz lIte-all OF the survivors aforesaid being Of
dult age.
That the said John H. Kimble departed this
cath, letters of administration with the will an
eNed were granted by the Orphans Court afore
nd unto the said Joseph A. Swaney who poss-
sci himself of the said personal estate but who
lied 10 dispose OF the same account therefor
TO apply the same to the payment of said debts
,St Of administration and funeral expenses
That the said joseph il. Swaney has since
signed the said office of administrator aforesaid
ld that a certain Hosea X. Smith has been an.
)inted by the said Orphans Court administrator
his stead and that he has taken possession or
Id personal estate but has failed to account for
e same or to apply the same to the payment Of
id debts. costs and expenses.
That the said John G. Yeatman and Samuel
ndSey claim, as creditors of said testatriy to
I've some lien on the real estate aforesaid the
.ture OF which is to the plaintiffs unknown,
That the said Hettie Ann Crow. joseph NJ
row and Samuel Lindsey live IN the State of
slaware and the said John G. Yeatman lives In
c State of Pennsy lyania and the said Iohn
Saney and Fr0nie Swaney live in the State of
bio, or elsewhere. beyond the jurisdiction of
Is court, and the said Joseph A. Swaney,
rthur Swaney, and Hosea K. Smith admins,
lt0r as !oeSald, live in said Cecil county.
That the said personal estate whereof the said
'tatrtX died possessed, is not sufficient to pay
I 4ebts, costs OF administration and funeral
pcnses and that any deficiency in said personal
tate ought to be supplied by sale of the real -
ate ao esatd but that the plaintiffs are with
relief except by the aid Of this court.
The bill! then prays for account of said per-
nal estate and that said real estate may be sold
the purposes aforesaid, and for general relief
/ is thereuPOn ordered this 18th day of Septem
:, in the year 1921, that the plaintiffs cause a
,y OF this order. together with the substance
Il object of the bill TO be inserted in some news
per published in Cecil county once a week for
IT successive weeks before the 18th day OF
tcber next, giving notice to the aid Hettfe
10 Crow, Joseph NJ. Crow, Samuel Lindsey,
hu Swancy, and Fronie Swaney, and warning
I'm TO appear in this court in person or by
icitor on or be fore the Slst day of October next
show cause If any they have why a decree
I'll not pass as prayed.
JAMES I. GRAHAM
Tue Gopy-Test Clerk.
1t JAMES I. GRAHAM, Clerk.