Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1936-12-03
Order of Publication

Urder OF Publication
The object of this Bill of Com
plant is to selle the real estate -
Margaret Cook, Deceased. and reno ~
John A. Cook, the executor of sa;y
estate, for an overpayment of AZ
personal estate. 'ne
The Bill recites that certo;n
Margaret Cook, late of the Civ ~
Washington, District of Colnmh;e
departed this life on the 9Th dav of
May, 1928, leaving as her onlv So;u ~
az law and next Of kin, her husband.
Jonn A. Cook, and the following
cnlldren: Mabel Cook Williams. who.
intermarried with certain Clarence
l.; Williams; Madeline G. O'ConneII
who lnte1married with a certain Dan
lei OConnell; Edith L. Wood. who
lntermarried with a certain Samuel
WOOD; Walter w. Cook, unmarried
and Anna Cook, unmarried. and
grandchild, Thomas Stanley Herb a
son of a deceased child, Florence
Herb; all of whom reside in the Civ
OF Washington, in the District of CO.
lumbia, and all of whom are NON.
residents of the State of MARYLAND.
That the said Margaret Cook died
testate leaving Last Will and Testa-
ment, whereby after the pavment
OF her just debts and funeral ex-
penses, she bequeathed all her
personally to her husband, John A.
Cook, absolutely, and devised all her
real estate to him for life, with
remainder at his death. in fee simple
to their children, Mabel Cook Will
llams, Madeline G. O'Connell, Edith
L. Wood, Walter W. Cook, Anna
Cook, Mercedes Cook and Florence
Herb, as tenants in common, and
naming John A. Cook residuary lega-
tee and devisee and naming him
executor of her said Last Will and
Testament; that Mercedes Cook and.
Florence Herb, died before the testa-
tr1x, interstate, the former unmarried
and leaving no issue and the latter
leaving son, the defendant, Thomas
Stanley Herb, an infant under the
age of fourteen years; that the said
John A. Cook, probated said Last
VIII and Testament and obtained
Letters Parliamentary Hereunder, in
the Supreme Court of the District of
Columbia. on the 18th day of Janu-
airy, 1929; that by write thereof, the
said John A. Cook, executor, pos
sessed himself of all the personal
estate which was owned by the said
Margaret Cook at the time of her
death and applied the proceeds there
OF to the payment of the funeral
expenses, costs of administration and
debts due by the decedent at the time
OF her death, as will appear by duly
certified copy of his administration
accounts; that by said administration
accounts, it will appear that the said
John A. Cook, executor, has overpaid
the personal estate of the said Mar
garet Cook, deceased, which came into
his hands to be administered by the
sum of approximately Twenty-Five
Hundred Dollars ($2,500) and that
the debts whi h are mentioned in
said account n d for the payment
whereof allowances are made therein
to the said John A. Cook, as executor
aforesaid, were due and owing by the
said Margaret Cook at the time Of
her death; that the So id Margaret
Cook, died seized and possessed OF
two Lots, situate. lying and being in
the County of Montgomery and State
of Maryland, being Lots Numbered
103 and 104, in Martins Third Addi-
ton to Chevy Chase, Montgomery
County. Maryland, which said Lots
are unimproved and return no income,
and that on August II, 1886, Ancil-
larry Letters Testamentary were
granted unto the aforesaid John A.
Cook, by the Orphans Court for
Montgomery County, Maryland, on
the estate of Margaret Cook; that
the said John A. Cook is entitled to
have the aforesaid overpayments re-
imbursed to him out of the aforesaid
real estate left by the said Margaret
Cook. The Bill then asks that the
real estate of the said Margaret Cook,
or so much thereof that may be
necessary therefor may be sold for
the purpose of repaying unto John
A. Cook, Executor, the sums OF
money paid by him over and above
the value of the personal estate OF
the said Margaret Cook which came
into his hands to be administered and
of discharging such other debts due
by the said Margaret Cook at the
time of her death as m ay remain
unsatisfed, and for other relief.
1t is thereupon ordered by the CIR
cult Court for Montgomery County,
this 9th day of November, 1885,
that the complainant, by causing q
conv of this Order. m ha inserted IN