The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1914-03-21

The object of this suit is to procure decree
for the sale of certain real estate situated in
described in the Bill of Complaint for the pay
ment of mortgage debt therein set forth, and
interest thereon, and for other relief.
The Bill States =:
/. That heretofore, to-wit, on the nineteenth
day of April, in the year Eighteen hundred
and seventy-nine, William j. Gallaher, being
indebted TO a certain Thomas Peterson in the
sum of Seven hundred and seventeen dollars
t$7l70O), as evidenced by bond bearing the
last named date and given in penalty of
Fourteen hundred and thigty-four dollars
00), conditioned on the payment of the
said Indebtedness of Seven hundred and
seventeen dollars ts71700D, the said William J.
Gallaher and Sarah L. Gallaher did, by their
deed of said nineteenth day of April Eighteen
hundred and seventy nine, convey by way of
mortgage unto the said Thomas Peterson GER
tain real estate lying in Cecil Cohnry, State of
Maryland, mentioned and described in said
deed to which there is a condition annexed that
it shall be void on the payment by the said Will
liam j. Gallaher and Sarah l.. Gaiaher. his
wife, to your Orator of the aforesaid sum of
money. according to the tenor of the aforesaid
bond with interest thereon from the date
thereof, or before the nineteenth day of
April Eighteen hundred and eighty; all of
which will more fully end at large appear by
reference to the said bond which is herewith
filed as n y IT hereof and marked Complain
ants Exhibit A. and duly certified copy of
sai1 mortgage, herewith filed part hereof
and marked Complainants Exhibit b..
2. That the said bond ana mortgage We're
duly assigned on the twenty-eighth day of
your Orator by Henry NJ. Mccullough and
Sarah l.. Peterson, Administrators C. t. a. of
the said Thomas Peterson, who had departed
this life previous to the said assignment said
assignment having been duly authorized by
the Orphans Court of Cecil County and re-
corded among the Land Records of Cecil
County, in Liber A. W. NJ. No II. folio 275,
will more fully appear by reference to
Exhibit b., aforesaid.
8. That the said William j. Gallaher has,
since the said mortgage and assignment, de-
parted this life. and that, by his last will and
testament. dated the 25th day of July; in the
year 1894, and recorded among the Will Re-
cords of Cecil County aforesaid in Liber l. 16,
folio 1888. the said real property, which had
been mortgaged as aforesaid. was devised by
the residugry clause of said will follows !:
I'd ltem-Ali the rest and residue of my prop
erty real, personal and mixed. | devise and
beueath to my wife, Sarah l.. Gallaher during
her natural life. provided she remains unmar-
ried; and it is my will that at the death of
my said wife or if she should marry again
that all my property, excepting what has been
beueathed in Item First to my son, Robert
Henry Gallaher be sold by my Executor here
matter named and that the proceeds of said
sale, after deducting the expenses incident
thereto, be equally divided, share and share
alike amongst my children, Anna E. Hughes,
Mary Frances McMaster, Ella Jane Scott
Robert Henry Gallaher, George b. Gallaher
and William A. Gallaher.
Sd Item:- constitute and appoint my son
Robert Henry Gallaker to be the Executor of
this my last will and testament hereby
voking ell other wills and codicls by me here
tofore made.
4. That the said Sarah l.. Gallaher depart
ed this life in the month of October, Nineteen
hundred and thirteen.
5. That the said Robert Henry Gallaher
and Mollie A. Gallaher his wife and the said
George Is. Gallaher and Alice Gallaher, his
wife. residents of Cecil County, in the
State of Maryland but that the rest of the
said defendants are not residents of the said
Cecil County or of the State of Maryland. and
reside in Delaware or elsewhere outside the
jurisdiction of this Honorable Court.
6. That no part of the aforesaid sum of
Seven hundred and seventeen dollars ls7l7 .O0D,
or the interest accruing thereon since the
nineteenth day of April, Nineteen hundred and
thirteen, has been paid to your Orator, al
though the time limited for the payment there
of by the condition aforesaid has passed, but
that the whole of said sum of money and the
interest thereon from the nineteenth day of
April, Nineteen hundred and thirteen, remain
due and owing to your Orator
The Bill prays that the defendants may an
swer the several matters set forth therein and
that the said real estate may be sold for the
payment of the said debt and interest and that
the plaintiff may have such further other
relief as his case may require.
1t is thereupon this twenty sixth day of Feb
ruary, in the year 1914 ordered that the plain
tiff. by causing a copy of this order to be in
serted in some newspaper published in Cecil
County, in the State of Maryland once in
each of four successive weeks before the fifth
day of April. next give notice to the said alb
sent defendants of the object and substance of
said Bill of Complaint and warning them and
each of them to appear in this Court in person
or by solicitor on or before the twenty first
day of April next, to show cause il any they
have, why decree ought not to be passed as
prayed.
CECIL KIRK, Clerk.
True Copy-Test:-
CECIL KIRK, Clerk.
feb 2S-4ts't