The Republican. [volume] (Oakland, Md.) 1877-current, 1899-12-21
Order Of Publication.
In the Matter of the Real Estate of John
Hoye, deceased, VS.. Edward Hoye,
IL Dbl

In the Matter of the Real Estate of John
Hoye, deceased, VS.. Edward Hoye,
En- PdTte.
NO. 34O9 Equity. In the Circuit Court for Al
legany County.
To the Honorable the Judges Of Sdid Court:
The petition of Edward II. Sincen. respect
fully represents unto your Honors:
lst. That on the BIRD day of December
1893, your petitioner entered into contract
with one Edward Hoye, the then trustee in
the case, which contract was ratified and
asSented to in terms by the heirs at law and
deviSees of the said John Hoye, whereby
your petitioner was to have one-half Of
whatever sum or sums of money any lands
he might discover as belonging to said estate
might sell for, d copy of which contract is
filed among the papers of this cause, and
under and in pursuance of said contract,
your petitioner has discovered after dili9ent
inquiry and examination various tracts of
land some of which have been sold and pc
ttioner has derived benefit therefrom.
2nd. That after the death of the said Ed
ward Hove trustee a certain John Shartzer
was appointed trustee by this Court, and
entered upon the execution of the trust; that
the said Shartzer on or about the first day of
April, 1899, entered the service Of the Govern
ment of the United States and was assigned
to duty in the Territory of Alaska and left
the State of Maryland to be gone for an in
definite period of time; that on the 24th day
of April, 1899, this Honorable Court ratified
and confirmed certain sales of real estate
made by said trustee, and the purchasers are
reduy anu dHAlOuS 10 pay LOT Une same as
soon as their deeds for said property are
executed and delivered to them, but on
account of the absence of said trustee said
deeds cannot be executed, and the business
of said trust estate is at a StandStill, and
nothing can be done toward closing the same
up, or making sales ofreal estate yet remain
ing unSOld.
3rd That your petitioner believes that his
interest in the residue of said estate under
said contract is greater than that of any
other person in interest, and such being the
case, he has standing in this Court to ask for
relief at the hands of this Court.
4th. Your petitioner therefore prays your
HOnOrS to pass an order hereon relieving
said John Shartzer, trustee, of said trust and
appointing in his place and stead some other
person trustee in order that said estate may
be closed up and the remaining lands sold
and disposed of.
And as in duty bound, etc.
EDWARD II. SINCELL, Petitioner.
Upon consideration of the petition this day
filed in the above entitled case stating that
the original order had not been served and
asking an extension of time for giving notice,
it is this 18th day of November, 1899, by the
Circuit Court for Allegany county in Equity,
ordered that Edward II. Sincell the petit
toner, by causing copy of the original pc
titiOn and of this order to be inserted once
week for four successive weeks before the
10Th day of December, 1898, i'll two neWSpa-
pers, one published in Garrett county and
the other in AIegany county, give notice to
the said John ShartZer, trustee, warning him
to be and appear in this Court on or before
the 18th day of January 1900, to show cause,
if any he has, why the relief prayed for in
said petition should not be granted.
DAVID w. SLOAN.
True Copy-TeSt:
39-i THEo. LUMAN, Clerk.