Catoctin clarion., 1918-02-28
Order of Publication.
No. 1853 Equity.
In Equity.
Thomas S. Iglehart

In Equity.
Thomas S. Iglehart
Russell w. Arnsparger, Executor of the
last will and tesla ment of William A.
Arnsparger, late of Frederick county,
deceased, Nora M. Chenoweth and Louis
Chenoweth, her husband, Russell W.
Arnsparger, Ruth A. Arnsparger, Annie
R. Arnsparger, widow of the said Will
liam A. Arnsparger, and Lloyd A. Arms
parger and Catherine ]. Arnsparger, in
fants.
The object of this bill is to procure
decree confirming the sales of two par
GELS Of land in Frederick county, made to
the Plaintiff by Russell W. Arnsparger,
Executor Of the last will Of William A.
Arnsparger, late of Frederick county,
deceased. under supposed authority de-
rived from said will
The Bill In substance states that the
said William A. Arnsparger at the time
Of his death was seized and possessed,
among other pieces of realestate. of said
two parcels of land lying and being in
Hauvers District, in Frederick county,
Md, the first being farm and woodlot
containing together So acres and 100 SO.
prs, and the second, being a lot contain
ing IS SO. prs. of land with improve
ments thereon situated between Sanito-
rum Station and the Power House; both
of which parcels are described in exhibits
filed with said Bill; that the said William
A. Arnsparger died in the month of
March, 1917. leaving last will which
has been duly probated and of record in
the Office of the Register of Wills of said
County, certified copy of which is ex-
hibited with the Bill; and which contains
no power of sale authorizing the said ex-
ecutor to sell the two parcels herein men,
toned, but devise the same equally
among the testator's five children and
his wife who are therein named towit:
Nora M. Chenoweth whose husbands
name is Louis Chenoweth, adult, residing
in Baltimore city, Russell W. Arnspar-
ger and Ruth A. Arnsparger, adults, and
Catherine ]. Arnsparger, an infant, all
of whom reside with their mother, the
said Annie r. Arnsparger In Frederick
County, Md. and Lloyd A. Arnsparger,
an infant under 81 years who is non
resident of the State of Maryland, at
present somewhere in the State of Penn
sylvania; that the said executor obtained
from the Orphans Court of Frederick
County an order to sell the real estate of
said testator and on November 8, 1917,
sold at public sale to the Plaintiff the
aforesaid farm and woodlot at and for
the sum of 81, 1865. .88. and also Lot of 35
So prs. at and for the sum of Sl,700.00;
and that the Plaintiff has paid $4,000 on
each of said parcels and that said sales
were subsequently ratified by said Or
phans' Court, as appears by Exhibit filed
with said Bill; that said executor had no
authority to make sales Of parcels of
land in these proceedings mentioned, but
the same were made under supposed
authority derived from said will; that
said sales were made at public auction
fairly, bona fide and for full and ade-
quate prices and that it would be for the
interest and advantage of said infant de-
fendants and for all other persons inter
ested in said real estate for said sale to
be ratified and confirmed by the Court of
Equity; and that the plaintiff is ready
and willing to pay the balance of the
purchase money upon receiving a good
and sufficient title for said two parcels
of land.
The Bill then prays that said sales to
the Plaintiff may be ratified and confirm
ed to him; that trustee may be appoint
ed to convey the said real estate to him
and for general relief, and also for sub
poenas against the above named resident
defendants and an order of publication
against the said Lloyd A. Arnsparger,
the nonresident infant defendant, resid-
Ing in the State of Pennsylvania.
1t is thereupon this 26th day Of Febru-
airy, n. ~ AOAC, OiuCLCu Wy thO Sibote
for Frederick County, sitting as Court
of Equity, that the Plaintiff by causing
copy of this order to be inserted in some
newspaper published in Frederick Coun-
ty once week for four successive weeks
prior to the 29th day of March, 1918,
give notice to the said Lloyd A. Arms
parger, an infant, nonresident of the
State of Maryland, residing in the State
of Pennsylvania, of the object and SUBJ
stance of this Bill and warning him to
appear In this Court in person or by soli-
citor on or before the 10th day of April,
1918, to show cause if any he has why a
decree ought not to pass as prayed.
Filed February 26, 1918.
ELI G. HAUGH,
Clerk of the Circuit Court for Fred
erick county.
True Copy-Test;
ELI g. HAUGH, Clerk.
George r. Dennis Jr., Solicitor.