Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1857-09-18
IN THE CIRCUIT COURT
For Montgomery County, as a Court Of Equity
JULY TERM, 1857.
Greenbeyry Hickman, VS.. Jno r. Flctch-
oil, and others.


THE object of this suit is to procure
IL q decree for a conveyance of GER
tain Lands and Premises in the proceed
ings in this cause mentioned, to said
complainant The bill states that here
tofore, on or about the 4th day of May,
1908, a certain William Hickman, of
Montgomery county, Md, duly made
and executed his last will aud testament
in writing, and thereby, amongst other
things, devised unto his youngest son,
Greenberry, who is your complainant
his home plantation, wherein he then
dwelt, known by the name of Beer
sheba' and Saturday Morning" but
willed and devised that his wife should
enjoy the same during her natural life,
and afterwards to his youngest son.
Greenberry, his heirs aud assigns forev-
err; provided, nevertheless, should his
youngest son die before he arrived at the
age of twenty-one and leave no heir
lawfully begotten Of his body, then 1t
was his will and desire that the aforesaid
land should be sold aud equally divided
between his daughters therein named,
as will more fully appear by reference to
a copy of said will herewith fled as
part hereof, marked Exhibit A; and
subsequent to the date Of said will the
said testator departed this life, leaving
the said will unaltered and uurevoked
that shortly after the death of the said
William Hickman, his aforesaid last will
and testament was in due form of law
admitted to probate before the Orphans
Court Of said county whore said testator
resided at the time of his death and
where said lands lie; that after the death
of the said William Hickman, certain
Thomas Fletehall, of said county, being
seized and possessed of a tract of land
called " The 3esurvey on part of For
rest" agreed with certain Ann Searcy,
your compliments mother, on or about
the 10th day of June, 1S10>sto sell to
her 50 much of the aforesaid land as Law
between the lands mentioned in the last
will and testament of said William Hick-
man and the lands of certain John M.
Williams and certain Stephen White,
and which had been for some time next
preceding said purchase in the occupancy
of said Ann Searcy, as tenant thereof,
and which is more particularly described
in survey and plat hereinafter mention
ed, and containing sixty-two Acres,
twenty-nine Perches, more or less, at
and for the sum of fifteen dollars per
acre, and which said purchase money
with all interest thereon has been fully
paid that the possession Of the prem
Uses so sold, as aforesaid, to said Ann
Searcy, was delivered to her in pursu-
ance of said sale, and she continued to
possess and use the same, in connection
with the lands devised to your complain
ant, as aforesaid. until the time of her
death, and your complainant has possess
ed and used the same from that time'to
the present; that at the time the said
Ann Searcy purchased the said land
your complainant was an infant of tender
years, and that although the said land
was purchased by his said mother in her
own name she in fact purchased it for
your complainant, and paid for the same
with his money, which money arose
mostly from the sale of negroes belong
ing to your complainant, and that she
was induced to purchase said land for
your complainant because it is so situated
with reference to the lands devised as
aforesaid to your complainant, as to add
greatly to the enjoyment and value of
the said lands so devised as will fully APP
pear by reference to a survey and plat of
said several pieces Of land herewith
filed, marked b; that the said Thomas
Fletchall on or about the first day of
September, 1919, duly made and execu-
ted his last will and testament, and
thereby, amongst other things, author
lied his executors, Hereinafter named,
to convey by good and lawful deed the
lands so sold to Ann Searcy, when she
should pay up the full amount of the
purchase money with interest thereon,
and therein appointed George Fetch
all and lillian Chiswel his executors.
and the said Thomas Fletchall departed
this life on or about the said first day of
September, leaving his said last will
and testament unaltered and unrevoked.
and without having conveyed said land
to said Ann Searcy, and that shortly
after the death of the said Thomas
Fletchall, his aforesaid last will and tes-
lament was in due form of law. admitted
to probate before the Orphans Court of
said Montgomery county, and letters
testamentary thereon were duly granted
unto said George w. Fletehall and VIII
liam Chiswcll, who have fully admins
tered the estate of said testator and have
departed this life without having convey
ed the said land so sold, as aforesaid, to
said Ann Searcy, as directed by said
last will and testament, although the
said purchase money with all interest
thereon has been fully paid, and that
there has been no further administration
Oh said estate; that the only children
and heirs at law Of said Thomas Fetch
all are james, George W, and Sarah
that said James Fletchall heretofore de-
parted this life intestate and left him
surviving a son, James, two daughters,
Artamesia and Jane; that said Jane in
termarried with certain - Brown,
and both died, and left an only child and
heir, James Brown, an infant under the
age of twenty-one years, all of whom
reside in the State of Missouri; that the
said George w. Fletchall also heretofore
departed this life intestate, and left the
following persons his only children and