The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1909-02-13

The object 81 this suit Is 10 obtain decree ~
said Court Tor the sale OF the real estate mention
cd therein for the payment oi the mortgage debt
and interest 81 the plaintiff. The hill states
/. That heretofore, 10 wit on the 5th day oi
December, 1873. u certain Richard ~. Akin aud
Elizabeth 4. Aiken his wife, OF Cecil county. iu
the State Of Mar land being indebted 20 Andrew
Kerr surviving executor aud trustee under the
will 81 Samuel Kerr. late ol keni County, IN said
State deceased 80 the SIAM III S'sNO0 aud intend.
Ing to secure the payment thereof unto him did,
b, their deed ui that date, recorded among the
land record books al Cecil County aforesaid Ia
the said executor aud trustee, his heirs aud as.
signs. certain farm or tract OF land, containing
one hundred and twenty acres. with the buildings
and improvements thereon situated in the first
election district Of said Cecil County, and paftic-
uiarly described ~ said deed to which deed there
rs a condition annexed that IL bc void on pnyricut
by the said Richard -. Akin and Elizabeth \.
Akin his wife of the aforesaid sum of money.
with interest thereon ~ IN SAID instrument set
forth aud that the said mortgage deed was after
wards duly assigned hy Levin ". Wickes. Tris-
tee of the estate OF the said Samuel Kerr. aud
successor OF the said Andrew Kerr executor aud
trustee as aforesaid, by his assignment bearing
date ON the lpth day Of March ipl and his fur.
Their assignment bearing date April 9Th. 1901. all
oi which will more fully appear hy rcicrnncc to
certified copy OF said deed aud assignments
thereon. herewith filed part OF this hill
marked Exhibit X. u. \. No. -.
,. That the said Richard u. Akin has siticr
tile date OF said mortgage departed this life IN
the year 1874 having first made his last will aud
testament IN writing, bearing date on the iTd day
OF September issi, wherein and whereby lie de.
Viscd the said real estate and his personal proper.
~ unto his wife the said Elizabeth \. Akin for
and during her natural life, aud from ard after
her death TO his children x. Dclhcrt Akin, Me
linda ". Brown. !. Lewis Akin. Walter ", AK
in. Ida T.. clayton and Harry {. Akin. ~ will
more fully appear lay a certified copy thereof
herewith filed a. part hereof, from the probate
records oi said Cecil county. marked "ENhibit X.
ID. \. No. %. aud did appoint the said Elizabeth
A, Akin cxcCutriN thereof hut without power to
sell the said real estate.
1. That the said Elizabeth A. Akin to whom
letters cstamruiary under said will were issued
is living a, this time aud the following children
and heirs nj law thereof. 90 Melinda ". brown.
a daughter whose husband is Thomas brown,
~ X. Dclbcrt Akin, "a son. whose wife Is Ella
more q. Akin ~ J. Lewis Akin son, nnmarri-
cd 90 Walter ". Akin. a son, whose wife Is
Agnes Akin. 81 Edwin Clayton. surviving hus-
band. aud Morris Clayton, Henry Clayton aud
Aida T.. Clayton, surviving children and hcifs at
law, OF Ida l.. Clayton. deceased daughter ~
Walter Akin, IT,. son Of Harry L. Akin. alorc-
said, deceased a son, whose surviving widow.
Agnes Akin has since inicrmarricd with the said
Walter W. Akin.
1. That the said Il. pciberl Akin and E.anorc
q. Akin, his wife, reside IN Cecil county aiorc-
said and the said Walter W, Akin, Agnes Akin
aud Walter Akin, IT,, reside III the city OF Hal.
timorc, IN the state of Maryland and the said
Melinda W. THROWN. Thomas brown. her husband
and Elizabeth \. Akin and Elizabeth \. Akin,
Exccu,rx oi said Richard ID. Akin. reside In the
state OF Delaware; and the SAID J. Lewis Akin,
Edwin Clayton, Morris Clayton, Henry Clay
ton and Aida =. Clayton reside In the State OF
Pennsylvania, or elsewhere, beyond the jurisdie-
ton oi this Court
$. And your otatriN charges that the whole OF
said principal sum OF 5000 with in crest thereon
from January LIST 1871, Is still unpaid though the
time limited for the payment thereof by the con
dtion aforesaid has long since passed, aud that
the whole OF said principal sum and the interest
rs aforesaid theron. remain owing unto your OF
atriN.
u. Tia, the said Walter Akin. j.. Henry
Clayton. Morris Clayton and Aida T.. CLAYTON
are infants, under the age oi twenty one years.
The hill then pTays for a decree for the sale OF
the said real estate for the payment of said prin-
cipal sum aud interest aud for general relief,
with the usual prayer for subpoena and an order
Of publication.
II is thercupon this nth day Of February, 1870.
ordered that The plaintiff, by causing q copy Of
this ordcd to be inserted IN some newspaper pub
lished in Cecil county aforesaid, once IN each oi
four successive weeks before the the ilth day OF
March next. give notice TO the said absent de-
PENDANTS of the object and substance OF this bill
warning them to appear ~ this Coart IN person
oriy solicitor, on OF before the 10Th day oi March
next TO show cAiiSc, IL any they have why a lie
cree ought not to pass as.praycd
MANLY DRENNEN,
True Copy test: Clerk.
liichSw MANLY nRENNlN, CLERK.