The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1895-08-03
ORDER OF PUBLICATION.
NO. ss6s EQUITY.

In the Circuit Court for Carroll County.
Emma Susan Dieets. -. Margaret Dieets
widow aud others.
The object Of the Bill in this case Is ia pro
cure decree for the sale Of the real estate ol
John F. Dieets. late of Carroll county, de-
ceased. to pay his debts unsaiished by his per
sonal estate.
The Bill states in substance that the said
John r. Dieets died in Carroll eonnty, Mary
land, on the eth Of December, 1894. leaving
a last will and testament. which was admitted
10 probate by the Orphans Cour; of said
county on the 2lth of December, 1894. and
letters teStameniary ON the testator's estate
were granted on the same day 10 Edward | :
Wine. Of said county, the executor by said
will appointed. That testator by said will
beqneathed portion Of his personal property.
appraised al $40. 55. TO his widow, Margaret
Dieets. absolutely, and 70 his daughter, said
Emma S. Dieets. the Plaintiff, another por-
ton. appraised at S27.5o. and ordered the
residne thereof. appraised at SSi.50, 10 be
sold TO pay debts aud expenses. That said
executor has sold all the personal property Of
the testator. including the portions bequeathed
to said widow and daughter as aforesaid, to
be applied TO the payment Of expenses aud
debts of the tessator. and returned 70 said
Orphans Court a list Of said sales, amount,
ing to S24l. Is. which Is believed 10 be the
full extent Of all the personal estate Of tesla
tor That teStaior owned at his death some
real estate 10 wit A small farm. containing
- acres. I rood and 10 perehes Of land. stu
ated in Manchester district. Carroll county.
which be directed IN his viii to be- disposed
ofas follows-He requested that his said widos
should remain living thereon during her life
OF widowhOod. and should have all the pro
eeeds Of his said farm during said time; but
s.F Ii .a..t.t
expenses during said time. including interest
on a single bill for $4,000 he owed her for
his wife, own money borrowed by him. Aud
he further directed in said will that after the
death or marriage Of his said widow all his
real estate should be sold bY his executor and
after paving a legacy Of $4,000 TO his said
daughter, the Plaintiff, he directed thar all
the rest and residue of his estate should be
equally divided among his six children. VIZ
John W. Dieets, of York county. Pennsylva-
MIA; William II. Dieeis, Of York county, Pa; !;
Mary Ann Il. Fridinger, wife Of Wesley FRI
dinger. Of Carroll county. Maryland; Edward
Nelson Dieets Of Newton county, Indiana.
Emma ;. Dieeis, the Plaintiff of Carroll
county, Maryland. and the share Of his de-
ceased daughter Sarah +. Fleishman, 10 90
equally to her four children, viz: William
Fleishman, Daisy Fleishmsu, HoFatiO fetish.
man and George Freshman. who all reside
in Carroll county, and are all minors under y
wears Of age.
The Bill further states that said teSiatOr AZ
his death was indebted to the Plaintiff on a
single bin for S25.00, dated July ~. lSe0. Al
one day with interest from daie. and also in
the SUN of $4,000. balance dne her for work
done for tesiator from October 2Bd, 1883.
when she became p years old. 10 December
4th, 1894, date Of his death, over all claims
in bar, and dedneting the said legacy of Sl0O.
Thai said testaior was also largely indebted To
other creditors at his death, who have had
their claims passed BY the Orphans Court
against his estate That the personal estate
left by testat0r in the hands Of his said execu-
tor Is insufficient to pay testator debts and ex-
penses Of administration. even If the said debt
dae said widow is deducted. That said Mar
garet Dieets. deyisee for life Of testatOr' said
real estate. is both unable and unwilling to
paw testatOr's debts. unsatisfied after exhaust
ing his personal estate; aud viii consent to the
sale Of testator' 5 said real estate for the pnr-
pose Of paying all said unsatisfied debts, and
take TO her use under said will the interest of
the residue of the purchase money Of said real
estate during her life or widowhood.
The Bill prays for a sale Of the real estate
for the purpose aforesaid, and Cor an order Of
publication against the said Johu W. Dieets,
William H. Dieets and Edward y. Eieeis,
nonresident Defendants in this case. and for
the writ Of subpoena against the said Marga-
ret Dieets. (widow) Mary Ann r. Fridinger
and Wesley Fridinger, her husband. VIM.
Fleishman, Daisy FIeishman, HoratiO Eleish-
man, George Fleishman, and Edward L.
Wine. executor aforesaid. resident Defendants
in said case, requiring them TO appear and
answer said Bill Of complaint
II is thereupon, this 9th day Of July, 1895,
by the Circuit Court for Carroll County, sit
ting in Equity, adiudged and ordered that the
Plaintiff, by causing a copy Of this order TO be
inserted IN some newspaper published at
Westminster, in said Carroll county, once a
week for four successive weeks before the 10th
day of August, 1896, give notice TO the said
John W. Dieets, William Fl. Dieets and Ed
ward ~ Dieets, nonresident Defendants in
this case, as aforesaid, of the object and sub
stance Of the Bill in this case, and warn them
and each of them, to he and appear in this
Court, in person or by solicitor, on or before
the 26th day of August, 1885, to answer said
Bill, and show cause, if any they have, why
decree ought not to pass as prayed.
BENZ. F. GROUSE, Clerk
True copy.-Test:
july13 At BESJ. F. CRorsE, Clerk