Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-07-08

William w. Welsh. Petitioner,
vs..
Rose Garrett, widow; Edward DIN Garrett,
Naomi Garrett, Charles Roland Garrett,
Clayton p Garrett and Lucy E. Garrett,
infants, Defendants. ... ls
THE OBJECT of this suit is to subject
the surplus in the hands of Frank Higgins,
the attorney making sale in these proceed
ings, to the payment Of the debts of the
said Charles Edward Garrett. deceased.
The petition states that Charles Edward
Garrett, the mortgagOr. died on the 18th
day of February. 1910. intestate. leaving
him surviving, widow, Rose Garrett, and
the following children as his only heirs-at-
law, viz. Edward DIN Garrett, Naomi
Garrett, Charles Roland Garrett, Clayton p.
Garrett and Lucy E. Garrett. all infants
under the age Of twenty-one years
That the said Rose Garrett, Edward DIN
Garrett and Lucy f. Garrett reside in the
District of Columbia; that the said Naomi
Garrett resides in Beverly county, in the
State Of West Virginia; and that the said
Charles Roland Garrett and Clayton p. Gar
rett reside in Montgomery county, Mary
land.
That at the time of his death, the said
Charles E. Garrett was indebted unto
William W. Welsh in the sum of $23S00
on note, and in the sum Of SAT 20 on an
open account, and also indebted to other
creditors in large sums of money.
That the said Charles Edward Garrett
left very little or not sufficient personal
estate to pay the cost of administration
and that no letters of administration have
been granted on his personal estate
That by the Report of the Auditor filed
in this cause the sum of 81, 57S.S8 was left
in the hands of Frank Higgins, Attorney,
subject to the further order Of this Honor
able Court
That there being no personal estate and
no property Of the said Charles Edward
Garrett or fund due his estate out of which
the claims Of the petitioner and those OF
other creditors can be paid, the petitioner
Is advised that the surplus in the hands
OF the said Frank Higgins, Attorney, ought
to be applied to the payment of the claims
OF the petitioner and other creditors of the
said Charles Edward Garrett so far as the
same will extend.
The petition prays for decree. process
and for general relief
IL is thereupon this 4th day of July
A. D: 1910, ordered by the Circuit Court
Tor montgomery county. Maryland, that the
petitioner, William W. Welsh. by causing a
copy OF this order to be inserted in some
newspaper printed and published in said
Montgomery county, Md, once in each Of
four successive weeks before the 9th day
OF August, A. d. 1910. giving notice to the
said Rose Garrett, adult; Edward Olin Gar.
rett. infant, and Lucy Z. Garrett, infant
residing in the District of Columbia. and
Naomi Garrett, residing in the county Of
Beverly, in the State Of West Virginia, al
Of whom are non-residents of the State Of
Maryland. of the object and substance o
this petition, warning them to appear If
this court in person, or by solicitor, on o.
before the 18th day of August, A. d. 1910
TO show cause, IL any they have, why de
cree ought not TO be passed as prayed
JOHN L. BRUNETT. Clerk
Circuit Court for Montgomery county,
True copy-Testi 81 ~
JOHN L. BRUNETT.
=. Clerk
Solicitor.
july Std