Catoctin clarion., 1909-06-03

NO. S4tS EQUITY.
In the Circuit Court for Frederick Coun-
ty in Equity.
John ID. King Assignee of Mortgagee of
George w. King
Petition

George w. kilng
on
Petition.
In the matter of the petition of Maria
f. Harman, creditor of George w.
King, deceased, in the above cause filed
on May IL, 1909.
The object of the petition of Maria f.
Harman. creditor of George w. King,
deceased, filed in this cause on her own
behalf and on behalf of all the other
creditors of George w. King, deceased.
who may come in and be made parties to
this cause, is to procure decree distrlb-
uting among the creditors of the said
George w. Killing the surplus remaining
in the hands of the Trustee, Assignee of
mortgage, after the payment of the
mortgage indebtedness and costs of fore
closure, in payment of the unsecured in
debtedness of the said George w. King.
The petition states that the said George
w. King late of Frederick County, de-
ceased, departed this life in the month of
April 1909, seized and possessed of GER
tain real estate in Frederick county,
which has been sold under foreclosure
proceedings in the above entitled cause.
That the said George W. King died in
testate leaving surviving him brother
John ID. kIing and sister Eliza Stoner,
who reside in the State Of Maryland; and
sister Ann Maria Lightner, who is
nonresident of this State residing in the
State of Pennsylvania, all of whom are
adults.
That the said George w. King was in
his lifetime indebted unto the petitioner
Maria +. Harman in the sum of 5000 on
his promissory note, payable to the petit
toner, dated September |, 1906, twelve
months after date, for value received
with interest from date.
That the personal property of the said
George w. King, deceased, is insufficient
in amount to pay the debts of the deceas-
ed and the cost of Administration, and
that no Letters of Administration have
been taken out upon the estate of the
deceased in the Orphans Court for Fred
erick county.
The Bill then prays that after the pay
ment of the mortgage indebtedness and
the costs of foreclosure, the said indebt-
edness of George w. King to the petit
toner, Maria E. Harman, and any other
creditors of the said George w. King
may be paid out of said surplus so re-
naming And that the petitioner may
be allowed reasonable counsel fee as to
the Court may seem proper and right, SO
that all the creditors of the said George
w. King may contribute their proper
tionate part to the payment of the ex-
pense of this proceeding. And for such
other and further relief as the nature of
the case may require.
The Bill then prays for the usual pro-
cess against the resident defendants and
for an order of publication against the
Nonresident defendants.
1t is thereupon adjudged and ordered
that the complainant by causing copy
of this order to be inserted in some news
paper published in Frederick county, once
week for four successive weeks before
the I'd day of July A. D., 1909, give no
tice to the said nonresident del etendant OF
the object and substance of this petition,
warning her to be and appear in this
Honorable Court in person or by solicitor
on or before the 18th day of July A. d.,
1909, to answer the premises and show
cause if any she may have why decree
ought not to pass as prayed.
May 28, 1909.
SAMUEL Il. HAFFNER,
Clerk of the Circuit Court for Frederick
County.
Coblentz, Waters and Brown, Solicitors
| Filed May 28, 1909.
True copy-Test:
SAMIIEI r. HAEENER Clerk