The Democratic advocate., 1905-02-25
OF PUBLICATION.
In the Circuit Court for Carroll County,
e;tt;nn nc :, Eourt of Euuity,

sitting as a Court of Equity.
NO. 1902 EQUITY.
lydia A. S. Frownfelter, Plaintiff VS.. Carroll
County Savings Bank of Uniontown, BODY |
corporate of the State of Maryland, LYDIA
A. s. Frownfelter, widow. Birdie c. Study |
and Milton J. Study, her husband; Wlllis |
II. Frownfelter Maurice G. Frownfelter,
Arthur L. Frownfelter, adults; and Roy ii.
Frownfelter and Alice E. Frowntelter. IN,
fants; and Lydia A. S. Frownfelter ana
Levi j. Motter, Administrators OF dershon'
S. Frownfelter. deceased, Defendants.
The object of this suit is to procure decree
for the sale of certain real estate IN Carroii
county. in the State of Maryland, OF which
certain Gershom S. Frowntelter, late OF SAID
county and State, deceased, died selzed ana
possessed. and to have the proceeds OF sale
distributed among the creditors and heirs at
law of said Gershom S. Frowntelter deceased.
The Bill states that the SAID 6ershom ..
Frownfeter was in his lifetime indebted unto
a certain Lydia A. ). FrownfeIter IN tne 1uli
and lust sum of 1884, on an acknowledged
book account That the said Gershom 5.
Frownfelter, deceased intestate, being so in
debted AS aforesaid, as we'll as to divers other
persons aud corporations, and having real es
tate of the value of about s., 600, and personal
estate insufficient to pay all his Indebtedness,
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
widow, Lydia A. S. Frownfelter, who resides
in said county kand State, and the following
named children surviving him, who are his
only heirsat-l law, to wit: Birdie C. Study, an
adult daughter, who is intermarried with Mil
ton j. Study, both of whom reside in said |
county and State; William Fl. Frowntelter, an
adult son, who resides in the town of Tioga, |
in the county Of Williams, in the State of
North Dakota: Maurice G. Frowntelter, an
adult son, who resides in the town of Dixon, |
in the county of Lee, in the State of Illinois;
Arthur Il. Frownfeter, an adult son, who re-
sides in Carroll county and State of Maryland;
Roy Ii. Frowntelter, an infant son, who re-
sides in the town of Dixon, in the county of
Lee, in the State Of Illinois, and Alice Z.
Frownfelter. an infant daughter. who resides
in Carroll county and State of Maryland.
The letters of administration on the per-
sonal estate of the s.id 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 }. Motter, who, by virtue Of said let
ters of administration, have taken possession
of said personal estate OF said GerShom ).
Frownfelter, deceased ntestate.
The Bill further charges that said personal
estate of said deceased intestate, Gershom S.
Frownfelter, is insufficient to pay in full all
the debts due and owing by said deceased in
tcstate at the time Of his DEATH and that said
personal estate should be applied TO the pay
ment of the debts aforesaid, so far as it may
extend, and that any deficiency in said per-
sona estate should be supplied by sale of
all or such part as may be necessary of the
real estate of said deceased intestate, Gershom
S. Frowntelter.
That al the time of the death of said Ger
shom 5. Frownfelter, 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 1875 Perches 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. Frownfeter by Lu
cinda Myers ct al, Executors, by deed, bear
ing date cn the 9th day of March, in the year
1902 and 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 5. Frownfeter, bearing date on
the 14th day Of May. i'll the year 1896, and
recorded among the Land Records of Carroll
county, in Lber b. f. c., No. S2 folio 463
&C., containing SO Acres and l Square Perch
of Land, more or less; thirdly, by deed from
Joseph Cookson and wife to the said Ger
shom S. Frownlelter bearing date on the
lOh day of January, in the year 1902, and
recorded among the Land Records of Carroll
county, in Liber j. H. B., No. %, folio 1886, |
&c.. containing 81 Square Percher of Land,
more or less; fourthly. by deed from Hamilton
w. Forrest and wife to the said Gershom 5. |
Frowpfeter, bearing date on the 24th day of |
Nav in the year 1895, and recorded among |
the Land Records of Carroll county, in Liber
B. f. c., No. 81, folio 270, &c, containing
3 Acres and Sc Perches of Land, more or less. |
The Bill further states that at the time OF
the death of said Gershom 5. Frownteter he |
was indebted unto the Carroll County Savings |
Bank of Unioutown, body corporate OF the |
State of Maryland, upon certain promissory |
note, dated the 18th day of May, in the year
1896, payable one year. after date, to order of
said Bank, for the sum of $l500.00, for value |
received. with interest from date, payable |
mi,annually, which said pronissory note is |
secured by Mortgage of even date with said |
note and recorded among the Real Estate
Mortgage Records of Carroll county, in Liber
B. F. c., No. SO, folio Ala, &c.
The Bill prays that said personal estate of
said deceased intestate, Gershom ). Frown-
feIter, may be applied in due and proper
course of administration in payment of the |
debts said deceased intestate to the plaintiff |
and all other creditors who may come in and
contribute to the expenses of said suit.
And the Bill further prays that the real es |
tate of said deceased intesae, Gershom 5.
Frownfelter, or so much thereof as may neces- |
sary for the purpose may be sold and the pro.
ceeds applied to the payment of so much OF
the aforesaid Indebtedness of said Gershom 5. |
Frownfelter, deceased intestate, as may re-
main unpaid by the application OF the per-
sonal estate aforesaid.
And the Bill further prays that the surplus,
Of .ba nrooaaHS arising from sad sale |
of the real estate after the payment of the |
COSTS commissions and expenses incident to
said proceedings, and after the payment OF
all the debts of said deceased intestate, be dis |
tributed among those entitled thereto accord |
ing to law.
The Bill further prays for such other and |
further relief as may be required.
The Bill further shows that Willis Fl. Frown-
feter. adult, Maurice G. Frowntelter, adult, |
and Roy H. Frowntelter, infant, are non resi-
dents of the State of Maryland.
1t is therefore. this 23rd day of February, IN
the year 1905. by the Circuit Court for Car
roll county. sitting as Court OF Equity, or,
dered that the plaintiff, by causing a copy OF
published in Carroll county, once week tor
four successive weeks before the 9th day OF |
March, in the year 1905, give notice to the
said non resident defendants, Willis Ii. Frown.
feler, Maurice G. Frowntelter and Roy ii:
Frownfelter. of the object and substance OF
said Bill of Complaint, warning them and |
each of them to appear in this Court, in person
or bv solicitor, on or before the lIth day OF
April, in the year 1905, to show cause,
if any they have, why decree ought not to be
passed as prayed.
True Copy,-Test:
n,vJn p SNEISER. Clerk,