The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1905-03-04
OF PUBLICATION.
In the Circuit Court for Carroll County,
sitting as Court of Equity.
NO. 4202 EQUITY.

In the Circuit Court for Carroll County,
sitting as a Court of Equity.
NO. 1902 EQUITY.
lydia A. S. Frownfelter, Plaintiff, vs.. Carroll
County Savings Bank of Uniontown, a body
corporate of the State OF Maryland, Lydia
A. So Frownfelter, widow, Birdie G. Study
and Milton J. Study, her husband; Willis
H. Frownfelter Maurice G. Frownfeter,
Arthur L. Frownfelter, adults; and Roy III.
Frownfelter and Alice E. Frownfelter, in
fants; and Lydia A. S. Frownfelter and
Levi j. Motter, Administrators of Gershom
s. Frownfelter, deceased, Defendants.
The object of this suit is to procure a decree
| for the sale of certain real estate in Carroll
county, in the State of Maryland, of which a
certain Gershom S. Frownfelter, late of said
county and State, deceased, died seized and
possessed, and to have the proceeds of sale
distributed among the creditors and heirs-at-
law of said Gershom S. Frownfelter, deceased
The Bill states that The said Gershom S.
| Frownfelter was in his lifetime indebted unto
| a certain Lydia A. S. Frownfelter in the full
and Just sum of 1884, on an acknowledged
| book account. That the said Gershom s.
| Frownielter, deceased intestaie, being so in
| debted as aforesaid, as well as to divers other
persons and corporations, and having real es-
tate of the value of about 81, 000 aud personal
| cStdtC " pay Ms ihuCDtCuucsS3
departed this life intestate on or about the 18th
day of January, in the year 1905, in said Car
roll county and State of Maryland, leaving a
widow, Lydia A. S. Frownfelter, who resides
in said county and State, and the following
| named children surviving him, who are his
| only heirs at. law, to wit: Birdie G. Study, an
adult daughter, who is iutermarried with Mil
| ton j. Study, both of whom reside in said
| county and State; William FL. Frownfelter, an
adult son, who resides in the town of Tioga,
in the county of Williams, in the State of
North Dakota; Maurice G. Frownfeter, an
| adult son, who resides in the town of Dixon,
in the county of Lee, in the State of Illinois;
Arthur l.. Frownielter, an adult son, who re-
sides in Carroll county and State of Maryland;
| Roy Il. Frownfelter, an infant son, who re-
sides in the town of Dixon, in the county of
Lee, in the State of Illinois, and Alice +.
| Frownfelter, an infant daughter. who resides
| in Carroll county and State of Maryland
The letters of administration on the per-
sonal estate of the said Gershom S. Frown-
! Frownfelter, deceased intestate, have been
granted by the Orphans Court of Carroll
county to the said Lydia A. S. Frownfelter
and Levi j. Motter, who, BY virtue of said let
tiers of administration, have taken possession
of said personal estate of said Gershom s.
Frownfeler, deceased intestate.
/
estate Of said deceased ntestate. Gershom s.
Frownfelter, is insufficient to pay in full all
the debts due and owing by said deceased in
testate at the time Of his death, and that said
personal estate should be applied TO the pay
| inent OF the debts aforesaid, so far as it may
extend, and that any deficiency in said per-
soual estate should be supplied by sale Of
all or such part as may be necessary of the
real estate of said deceased intesiate, Gershom
S. Frownfelter.
That at the time of the death of said Ger
shom S. Frownfeter, he was seized and pos
seSsed of certain tracts, parts of tracts, pieces
or parcels of land, containing in the aggre
gate 95 Acres and 1856 Perehes of Land, more
or less, lying contiguous to each other, and
being in Myers District, in Carroll county
and State Of Maryland, which was conveyed
to the said Gershom S. Frownfelter by Lu-
cindA Myers ct al, Executors, by deed, bear
ing date on the 9th day of March, in the year
1902, aud recorded among the Land Records
Of Carroll county. in Liber ID. p. s., No. 100.
folio 564, &c, containing Acres and l6
Perches of Land, more or less; secondly, by
deed from Charles b. Roberts, Trustee, TO the
said Gershom ). Frownfelter, bearing date on
the I4ih day Of May. in the year 1896, and
recorded among the Land Records of Carroll
county, in Liber B. +. c., No. 80, folio 483.
&c, containing SO Acres and ! Square Perch
of Land, more or less; thirdly, by deed from
Joseph Cookson and wife TO the said Ger.
shom 5. Frownfelter, bearing date on the
10th day of January. in the year 1902, and
recorded among the Land Records of Carroll
county, in Liber J. Il. B., No. 9S, folio 1856,
&c, containing GO Square Percher Of Land,
more or less; iourthly, by deed from Hamilton
W. Forrest and wife to the said Gershom 5.
Frowpielter, bearing date the oath day OF
May in the year 1895, and recorded among
| the Land Records of Carroll county, in Liber
B. +. c., No. 81, folio 80, &C.. containing
Acres and So Perehes of Land, more or less.
The Bill further states that at the time OF
the death of sand Gershom s. Frownfelter be
was indebted unto the Carroll County Savings
Bank OF UnioniowB, a body corporate of the
State Of Maryland, upon certain promissory
note, dated The l4th day of May, in the year
1896, payable one year after date, to order oil
said Bank. for the sum of Sl5o000, for valne
received with interest from date, payable
semi annually, which said promiSsory note is
secured by Mortgage of even date with said
note, aud recorded among the Real Estate
Mortgage Records of Carroll county. in LibeI
. B. F. c., No. IS, folio 4I4, &c.
The Bill prays that said personal estate Of
said deceased iniesiate. Gershom 5. Frown
felier, may be applied in due and proper
, course Of administration in payment OF the
debts said deceased intestaie to the plaintiff
and all other creditors who may come in aad
/ contribute to the expenses OF said suit.
And the Bsl further prays that the real Is
tate of said deceased intestate, Gershom s.
, Frownfelier or so much thereof as may neces
sary for the purpose may be sold and the pro.
| eeeds applied TO the payment OF so much Of
;he aforesaid Indebtedness OF said Gershom ).
Frownfeller, deceased intsstate, as may re
rlain unpaid By the application of the per
sonal estate aforesaid.
, Aud the Bill further prays that the surplus,
: | il any, of the proceeds arising from said sale
. | of the real estate, after the payment oil The
costs, commissions and expenses incident t.
, said proceedings, and after the payment o
all the debts of said deceased intestate, be dis
tributed among those entitled thereto accord
ing TO law.
TIE Bill further prays for such other anc
further relief as may be required.
The Bill further shows that Willis Il. FTown
felter, adult, Maurice G. Frownfelter, adult
and Roy II. Frownfelter, infant, are non resi-
dents OF the State OF Maryland.
1t is therefore, this 2srd day of February, IL
the year 1905. By the Circuit Court for Car
roll county, sitting as Court OF Equity. or
dered that the plaintiff, by causing copy o
this order to be inserted in some newspaper
published in Carroll county, once week TO
four successive weeks before the 9th day o
March, in the year 1905, give notice to thu
said non resident defendants, Willis H. Frown
felter, Maurice G. Frownfelter and Roy ID
Frownfelter, of the object and substance o
said Bill Of Complaint, warning them an'
each of them to appear in this Court, in person
or by solicitor, on or before the 18th day o
April, in the year 1905, to show cause
if any they have. why decree ought not to b.
passed as prayed.
DAVID P. SMELSER, Clerk.
True Copy,-Test:
feb25.5t DAVID p. SMELSER, Clerk.