The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1894-09-29
GEORGE a. BLAKE, solicitor ior plaintiffs
ORDER OF PUBLICATIC
James Kigore and Mary G. Kilgore and oil;
plaintiffs, VS.. Joseph A. Swaney and
others, defendants.
In the Circuit Court ior Cecil County. in Equ

The object OF this suit is to procure a decree
an account and distribution OF the personal est
of Margaret Swancy, late OF Cecil county ~
ceased and for sale of the real estate Of VIII :
she died seized and possessed, TO supply the do
cheney 9: Said.persOnal estate in the payment
the debts OF said deceased costs Of administratF
and funeral expenses. H.
The bill states that the said Margaret SWAMI
was indebted unto the plaintiff Mary q. Kilgot
in the sum OF three hundred and fifty dolla.
now over due, with interest from April 24th, 1856 :
on and by deed OF mOtSage, dated April tt
9th, 1873, and recorded among the land recorc
OF Cecil county, aforesaid in Liber D. 5. No.
folio SO. &C., and unto the plaintiff Robert i
Steel in the sum of thirty dollars and thirty cent
with interest from the Both day of December in
the year 1891. on and by her promfsory note dated
March the 30th, 1891, 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 the sum Of SiXty-seyen dollars
and ffty-seven cents-ior debt and costs of ad-
ministration as more fully appears by certified
copy OF said mortgage, and by said notes
and open accounts hled with said bill OF COM
plant as part thereof.
That the said Margaret Swaney being indebted
as aforesaid to the plaintiffs and divers other
persons in large sums OF money, departed this
lie on or about the day OF
in the year 1892, possessing certain personal
property and also seized Of farm or tract OF
land situated in said county, which was conveyed
unto her, the said Margaret Swaney, by David
g. Work and wife by deed dated December the
27th, 1885, and recorded among the land records
OF said county in Lbcr J. A. d., No. 10, folio 244,
&c. as appears by q certified copy thereof hled
as part OF said Billy and on which, or part of
which, the mortgage aforesaid is a lien and hay
ing FIRST made her last will and testament in
writing, dated March the 18th, 1886, which was
duly admitted to probate and is now of record
among the will record books OF said county in
Liber II, No. 10, folio 433, &c, las appears by q
certified copy thereoi filed as part OF said bi) IL
which, among other things, she devised as follows
First VIII and direct that all my just debts
and funeral expenses, including tombstones, be
fully paid out OF any property either real or per-
sonal, that am possessed OF atmy decease, by my
executor hereinafter named. Second. give and
bequeath all the rest and residue OF my real and
personal property to my son, Joseph A. Swaney,
on the condition that he fully and faithfully per
form the following obligations: First 10 keep Tor,
and make this my present residence, home for
my beloved husband, James Swaney, during his
natural life and deiray the expenses OF hisdecent
iuterment alter his decease and also to keep this
a 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 interment alter his decease, Third. l will
that he shall also pay to my daughter Hettle
Ann Cow, fifty dollars annually Tor period Of
ten years only, as her share of Fry estate, and IL
she dies before the ten years expire, then the pay
ments at her death shall cease. Fourth. l will
and bequeath to my son, John Swaney, the sum Of
Five Hundred Dollars, to be paid in the year 1888
or 1889, provided he pays the note or obligation
he has given and on which and for which pay
ment am security for steam engine, and il he
fails to pay that claim and my executor or my
son, Joseph A. STaney, 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 see
thar he is dscenty Inferred and to take his place
in the uhllment and execution OF this will, until
at least the deceaSe OF my husband and until the
payment OF the legacy to my son. John Swaney,
is made and the obligation is settled and fully
maid as above named and till the payments to
inv daughter, Hettie Ann Grow, are made or
safely secured for each annual payment for the
ten gears il she lives that long, then will and
direct that the property be sold and after all
debts and membranes are paid out OF the pro-
ceedS OF said sale, that the surplus If any, shall
be placed at interest with real estate security for
the support and maintenance OF my son, Arthur
Swaney during his natural life and for his decent
interment after his death, though 1t
requires the principal well as the interest, and
at mis- death the surplus, il any, to be equally
divided between my nearest heirs by consan
guinity.
be 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 fuhllment of
this will the same as ! could do II living, and
leaving surviving her the said Joseph A. Swaney,
Arthur Swaney. John Swaney whose wife is
Fronie Swaney, Hette Ann Crow, who is inter-
married with Joseph NJ. Crow, her only children
and heirs at-law and James a, Swaney, her hus-
| band. the last named OF whom has since departed
this llfe-al Of the survivors aforesaid being Q.
| adult age.
| That the said John H. Kimble departed this
lille before the said testatrix and that upon her
DEATH letters of administration with the will an
| nexed were granted by the Orphans Court afore-
said unto the said Joseph A. Swaney who poss-
essed himself the said personal estate but who
failed to dispose OF the same on account therefor
or TO apply the same to the payment OF said debts
cost OF administration and funeral expenses.
That the said joseph A. Swaney has since
resigned the said office of administrator Aforesaid
/ and that certain Hosea K. Smith has been ap.
1 pointed by the said Orphans Court administrator
| in his stead and that he has taken possession oil
said personal estate but has tailed to account for
| the same or to apply the same to the payment Of
| said debts, costs and expenses.
| That the said John q. Heatman and Samuel
| Lindsey claim, as creditors OF said testatrix, to
| have some lien on the real estate Aforesaid, the
| nature OF which is to the plaintiffs unknown,
| That the said Hottie Ann Crow, Joseph NJ
| Crow and Samuel Lindsey live IN the State o
| Delaware, and the said John G.. Yeatman lives IN
the State of ennsylvania, and the sal, ,t al
| Swaney and Fronie Swaney i've ifnnrisdiction al
| Ohio or elsewhere. beyond a.nnT Swanev
| mis- court and tho said Joseph "A. omane9
| artbnT sswaney, and Hosea X. Smith, ADMINS
| traitor as aforesaid, live in said Cecil county.
| That the said personal estate whereof tne saio
testatrIX died possessed is not suiilclent 10 pay
| her debts costs of administration ana 1unera
| expenses and that any deficiency in said persona
| estate ought to be supplied by sale OF the res'
| estate aforesaid but that the plaintiffs
| out relief except by the aid OF ttss'
| The bill then prays terssS
| sonal estate ant s..
| Tor thci