The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1901-12-07
OF PUBLICATION.
NO. 1929 EQUITY.

In the Circuit court I0f CarrOll COunIy,
Sitting as a Court of Equity.
Sarah S. Malehorn, Executrix of the Last
Will and Testament of Jesse F. Maehorn,
deceased, and Sarah S. Maehorn, Plaintiffs,
VS.. Pinkney Guy Malehorn, Jessie c. Hos
kins and Joseph B. Hoskins, her husband
and Nettie E. Malehorn, infant, and the
Hampstead Bank of Carroll County, Mary
land, Defendants.
The object of this suit is to procure de-
cree for the sale of certain real estate in Car
roll County, in the State of Maryland, which
a certain Jesse F. Malehorn, deceased, died
seized and possessed and the proceeds applied
10 the payment of his debts.
The Bill states that said Jesse f. Malehorn
was indebted unto Sarah s. Malehorn in sew
eral sums of money and also indebted unto
the said Sarah s. Malehorn, Executrix of his
Last Will and Testament in the sum of
1927. 46, she having over paid that amount in
the settlement of his personal estate in the Or
phans Court of Carroll County as appears by
said Bill and Exhibits filed Herewith; the Bill
further states that the said Sarah S. Malehorn,
Executrix as aforesaid, paid the funeral ex-
penses of Catharine Malehorn. deceased, as
required by said Last Will and Testament of
Jesse F. Malehorn, deceased; the Bill further
states that the said Jesse F. Malehorn depart
ed this life leaving Last Will and Tesla
ment, which was duly admitted to probate in
the Orphans Court of Carroll County, which
said Will is recorded in the Office of the Reg
lister of Wills for said County, that under the
provisions of said Will said testator provided
for the payment of all his just debts and fu-
neral expenses, and left said property to said
Sarah S. Malehorn during her life and to be
sold after her death and her debts and funeral
expenses, to be paid out of the proceeds of
same, said will also provided that Catharine
Maehorn his mother should have home on
said property during her life time and at her
death her funeral expenses should be paid out
of the proceeds of the sale of said real estate;
the Bill further states that said Sarah S. Male
horn, Executrix as aforesaid, paid said fun
eral expenses of said Catharine Malehorn,
deceased, as required by said Will: the Bill
further states that the said Jesse +. Malehorn
departed this life leaving said debts unpaid
as aforesaid and leaving the said Sarah 5.
Malehorn, his widow and the following named
children who are his only heirs at law, to wit:
Pinkney Guy Malehorn, and adult son, Jessie
B. Hoskins, an adult daughter, who inter-
married with Joseph B. Hoskins and Nettie
E. Malehorn, an infant daughter under the
age of twenty-one years and that they all re-.
side in the City of Norfolk, in the State of
Virginia: the Bill further states that said Jesse
L Mdle1OTU uteu ScllcO anu pOooCooOu VI NSi
tain real estate situate in the town of Hamp-
stead, in Carroll County and State of Mary
land, containing Seventy-two square perches
of land, more or less, which he obtained from
Catherine Malehorn by Deed, bearing date
on the oath day of July, in the year 1896,
which said Deed is recorded among the Land
| Records of Carroll County, in Lber b. +. C..
No. SO, folio 147, &C.; the Bill further states
that the Hampstead Bank of Carroll County,
Maryland, body corporate is entitled to be
made a party Defendants to said cause, as the
| said Sarah S. Malehorn has executed aud de-
livered to said Bank Mortgage for the sum
of 5000, on said real estate; the Bill further
charges that the personal estate of said Jesse
| F. Malehorn, deceased, was insufficient to pay
the debts of said Jesse F. Malehorn, deceas-
ed, and has already been applied to the pay
ment of his other debts and that the unpaid
| creditors of said Jesse f. Malehorn, deceased,
are entitled to be paid out of the proceeds OF
sale of his said real estate; the Bill further
prays that said real estate may be sold and
the proceeds applied to the payment of the
unsatisfed debts of said Jesse f. Malehorn,
deceased, and for such other and further relief
as the Plaintiffs may require; the Bill further
states that said Defendants, except the Hamp-
stead Bank of Carroll County, Maryland, are
non residents of this State; the Bill further
| prays for the writ OF subpoena against Inc
said Hampstead Bank of Carroll County,
Maryland, and the order of publication
against said non residents.
1t is thereupon this 2lst day of November,
in the year Nineteen Hundred and One, or
dered by the Circuit Court for Carroll County,
sitting as a Court of Equity, that the Plaintiffs
by causing copy of this order to be inserted
in some newspaper published in Carroll Coun.
", once in each of four successive weeks be-
fore the Dist day of December, 1901, give
notice to said absent Defendants of the object
and substance of this Bill, warning them to
appear in this Court in person or by solicitor,
on or before the 7th day of January, next, to
show cause, if any they have, why decree
ought not to be passed as prayed.
CHAS. I. REIFSNIDER,
| Associate Judge.
True copy,-Test:
nov23 st JAS. II. BILLINGsLEA, Clerk.