The Prince George's enquirer and southern Maryland advertiser., 1900-05-25
No. 2654 Equity.

NO. ~oof Equity
rNHE OBJECT of this Bill is to obtain
l. decree for the sale of the real estate
in Prince Georges county, Maryland, of
which the late Charles Clagett died, seized
and possessed. for the purpose of paying
the claim of the Plaintiff, as shown in En-
hibit B filed in this cause, as well as those
of all other creditors of said deceased who
may come in and contribute to the eXpcn-
ses of this suit.
1. That Francis Nelson .Tarboe was
appointed by the Governor of Maryland
as treasurer of said county and collector
of State and county taxes for the same for
the years 1886 and 1887, to fill out the un-
expired term of John G. Hall, and duly
qualified as such treasurer and collector,
and made, executed and delivered a Bond.
to the State If Maryland. dated March 10,
1886. condition ed that if the said Francis
Nelson .Iarboe should well and truly pay
over and execute the office of treasurer ot
Prince Georges county and collector of
State and county taxes for same and the
several duitS required Of him by law,
shall w ! aud truly keep and pay over,
acc' rang |" law. upon the order of the
County Commissioners of Prince Georges
county the proceeds Of all amounts levied
in said county and collected by him. or
which he may be answe cradle for, by law.
at such times as the law shall direct, also
well and truly keep and pay over to the
Treasurer of the State of Maryland, ac-
cordng to law, all State taxes in said
county collected by him, or for which he
may be answerable by law, at such times
as the law shall direct, then the said obi
| CATION should he void; otherwis it should
remain in full force and effect in law, as
fully appears by certified copy of said
Bond or writing obligatory filed in above
| cause as part of said bill marked Plaintiff s
Exhibit y, upon which said Bond Charles
| Clagett and William Berry are joint obi
gorS, which said Bond was duly certified
| to as required by law
.. That said Francis Nelson Jarboc duly
| qualified as aforesaid, took possession of
said office, entered upon the duties apper-
| tanning to his office as treasurer and col
| lector of taxes, and there came into his
hands for collection taxes levied by the
| County Commissioners as aforesaid for
| the years 1856 and 1887, which it was his
| duty to collect, as officer aforesaid, and
pay over to said County Commissioners or
their order; that said Jarboe failed to pay
over for the years 1886 and 1897, and there
| is due and owing several sums of money
| with interest on account of money uncol-
lected, or that should have been collected
| with interest, over and above ali proper
| allowances for uncollectable bills and in
| sovencies as shown in Plaintiffs Exhibit
| A, filed in said cause. and made part of
| the Bill of Complaint in this cause filed.
3. That Francis Nelson Jarboe, treas
| urer and collector as aforesaid, failed to
| pay over to the County Commissioners of
Prince Georges county the several sums
| collected by him, or which should have
been collected by him. over and above all
| proper allowances for uncollcctable bills
| and insolvencies, the aforesaid sums of
| money as appears by the statement here
with filed marked Plaintiffs Exhibit B,
| and that said Charles Clagett, one of the
joint obligors in and by said writing OBJ
ligatory aforesaid, became indebted to the
County Commissioners of Prince Georges
county in the several sums of money shown
| in statement B aforesaid.
4. That said Charles Clagett, being so
indebted, departed this life in the year
1894, leaving a last will and testament, the
provisions of which will appear by certified
| copy of will filed with this bill marked
Plaintiffs Exhibit G, and by said will ap-
pointed William b. Clagett, Executor, who
duly qualified as such
D. That said Charles Clagett left sur
| viving him his widow, Mary Clagett, now
deceased, and William B. Clagett, his son
and only surviving child, and the follow
ing grandchildren, Alice d. and Mary l..
Clagett, children of deceased son,
Charles T. Clagett, who died prior to the
death of his father, and Elizabeth Cad-
well Clagett widow of Charles L. Clagett
aforesaid, all of whom are devisees under
saiG will, and all of whom. except Mary
Clagett, arc made parties defendant to this
suit
6. That said Executor, William 3
Clagett possessed himself of the personal
| estate of Charles Clagett. deceased, and
returned an inventory of same, copy of
| which is filed with the Bill marked Plain
| tiff's Exhibit D.
!. That said Charles Clagett died. seized
| and possessed of all those pieces and par
GELS of land and premises situated in
Prince Georges county, which are partic-
ularly set forth and described in the Bill
| of Complaint in this cause filed
8. That the personal estate of the said
Charles Clagett is insufficient to discharge
the debts due and owing by him at the
time of his death, and the personal estate
| In the hands of the Executor ought to be
applied to payment of Plaintiffs claim as
well as other creditors of Charles Clagett
| deceased. so far as the same will extend
and that any deficiency in personal estate
should be supplied by sale Of the real
estate mentioned in the Bill, and anv other
real estate of which he died. seized and
possessed or to which he was in any man
| ncr entitled.
| The BE then rravS for an order of pub
lication a"a:n-t William B Clagrtt, Exec
| Nor # Charles Clagett, deceased, and as
| individually. who is absent from this State
| and FL ,hcrh Caldwell Claortt. and Alice
| Lac H. I,
two being infants. also absent from this
State; and further prays for the passage
of IL decree for the sale of the real estate
of Charles Ciagctt mentioned in the Bill
| to pay the claim of the Plaintiff and the
| claim of all ether creditors who NAV c,me
and contribute to the expenses of this suit
and further prays that William r. Clagett
| Executor set forth an account of testator's
| personal estate in his hands. and that said
personal estate SO in his hands may be APP
| piled to the claim of the Plaintiff as well
| as those of any other creditor who may
come in and contribute to the expenses Of
this suit, and also prays for general relief
and for process in the regular form.
| 1t is thcreupon this 10Th day of May,
1900, ordered by the Circuit Court for
! Prince Georges county, as a court of
Equity, that the plaintiffs by causing a
copy of this order, together with the OBJ
Ject and substance # this Bill, t, be in
serted in some newspaper published in
Prince Georges county once in each of
4 successive weeks before the 10Th day of
| June, 1900, giving notice to the said de
PENDANTS, William b. Clagett, Executor.
and individually. and Elizabeth Caldwell
Clagett. and Alice d. and Mary L. Cia gett,
the last two being infants. warning them
to be and appear in this Court in person