Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-04-18
In the Circuit Court for Montgomery
county, as a Court of Equity.
March Term, 1862.

county, as a Court of Equity.
March Term, 1862.
J3eo2 g. White, Trustee; 1lpleus MaccuJjin,
Trustee, and Thomas n. Naecubbin,
VERSUS.
Richard J. Boleie, Wm. H. Birch, - Chap
pin, Hordtio 1rassdle and Allison Nlilor.
TIVE object OF this suit is to procure q de-
A cree that an account may be taken under
the direction of this court OF what is now due
and owing from the said Thomas NJ, Mary and
Iachariah Maccubbin to said Horatio Trundle.
for principal and interest on security Of certain
| premises, more particularly described in the
bill, after allowing to the cOmplainants for all
payments and for the proceeds of sale of said
Thomas NJ Maceubbin undivided third part
Of said premises, made on or about the 2Sth
| day OF October, in the year 1856 by said Rich
ard j. Bowie, Trustee to said Uoratio Trun-
/ die and which was afterwards divided and al
lotted to said William II. Birch, grantee there
! Of, under said Trunde, and for the rents and
! profits Of the residue Of said lands received by
the said Trundlc, or his grantees, or by any
] person or persons, on his, her or their behalf.
or which might without his willful neglect OF
default have been received by him or them,
since he and they entered into possession there
. =.
what, ifany thing shall be found due TO said
Trundle, ON said account, the pretended sales
to him. said Trundle, Allison Nailor, Chaplin
and William II. Birch, which are particularly
described in said bill of complaint except the
sale Of the said Thomas NJ Maccubbn's I'M
divided third part, which has since been d.
vded and sold TO said William IL. Birch, may
| be set aside, and that the said parties may sur
render and deliver up the said premises TO the
compliments.
The bill states that, on or about the goth
! day Of February, 1872, certain Zachariah
/ Maccubbin and Martha, his wife, did, by their
/ deed, duly executed and recorded, convey to
their children the said Mary, Zachariah and
Thomas NJ. Maccubbin, certain lands, lying in
said Montgomery county--to wit : s'Hnting-
| ton and Part of a tract of land called
"Pntchett's Purchase, containing, together,
! three hundred and forty-seven acres of land,
more or less Of which said lands, the said
! grantees subsequently sold and conveyed forty
five acres, leaving TO them still remaining three
hundred and two acres. The said Mary Mac
( cubbin, Thomas NJ Maccubbin and Zachariah
Maccubbin having given their single bill TO
one George r. Gather for 81, 1000, payable in
two years after its date, with interest from date
! payable sem-annually, and to secure the same
/ on the 2Slh Of July lS43, conveyed said resi-
/ due of said land to Richard J. Bowie, in trust
| TO sell and convey the same in case the said
Mary Maccubbin, Thomas NJ. Maccubbin and
! Zachariah Laccubbin, should make default in
the payment Of the said principal debt, or the
interest thereon all of which will more fully
! appear by reference 10 an official copy Of said
/ deed filed in this cause, marked Ex No. 2.
! The bill further states, that said Thomas NJ
Maccubbin was the pricnipal debtor in said
/ single bill 10 SAID George Il. Gather, and that
said Zachariah and Mary Maccubbin, were
/ merely his securities, and that said Thomas NJ
Maccubbin did, on the 18th day OF October,
4 IN the year lS43, convey unto the said Mary
! Maecubbin, all his interest in the said lands
and premises TO indemnify her against loss by
means Of her said snretyship.
! The bill further states, that or or about the
| 18th day Of April, in the year 1852, the said
/ Mary Maccubbin having made and duly exc
! cuted her last will and testament in writing,
/ departed this life, and the said will was duly
admitted to probate before the Orphans Court
Of Montgomery county, on the 22d day Of
! April, in said year.
/ The said testatrix by said will, among other
( things devised and bequeathed all her estate
real and personal, to DR.. John W. Anderson,
( his heirs and assigns, or other trustee appoint
| cd in their stead, in trust for the maintenance
/ and support of her brother said Thomas NJ
Maccubbin during his natural life TO which
purpose all the rents, issues and profits Of said
estate were to be applied and said estate was
not TO be liable for any debts of, the said Tho
mas NJ. Maccubhin Heretofore or thereafter
contracted. The said trustee was also en-
powered to sell said property, and TO invest
the proceeds Of the same in such real estate
j stocks or other securities as in his discretion
might seem best, and again TO sell the sam,
! and apply the proceeds to The support of hel
Z ppr f1r ~ oct ba Ia, at1,
real estate, securities, &c; all Of which was tc
be done at the written request Of the said Tho
mas NJ. Aaceubbin and the said trustee was
TO hold such, after acquired, upon the same
! trusts that he held the original property, To-
gether with the profits and increase arising
therefrom, not expended for the support of hei
said brother, in trust for such persons aGd fol
such estate as her said brother should by las'
will and testament appoint; all Of which
will more fully appear, by reference TO an Off.
cial copy ofsaid will, filed in this cause, mark
ed Ex. No. 4.
The bill further states, that said John w
Anderson, trustee, under said will, and said
Thomas NJ. Maecubbin, on or about the 10th
aay Of August, in the year eighteen hundred
and nly-three, mortgaged the interest Of the
/ said Mary Maccnhbin, deceased in the atore.
S"u real estate, to secure the payment Of five
hundred dollars, vita interest, payable to one
& norauo IrunGle, within twelve months from
S sasu gate, stated 10 be borrowed by said Tho
1 s sng5 NJ, Aaeeubbin from said Trundle, which
~ ~ gage is in violation Of the provisions
OF me will Of said Mary Maccnbbin. and a
IA iln ',. upon the rights Of said Thomas NJ Mac.
r Sa9olu' and Is void and Of no binding force
!, ~ NV ana that said sum Of monee was moi
iso' loaned TO said Thomas NJ Maccnbbin
as therein stated. d" HAeouooini
Inc olil states, that said Thomas NJ. Maccub-
! e pm ana 1achariah Naccubbin, having failed
InlS % pay ue amount due on the aforesaid
Sp,nSle s'it 70 saia George R. Gather, the said
= kichafd ). Bowie, trustee in the aforesaid decd
Of trust did on or about the iath .dav ~
gust 1856, sell, and on the 2sth dav Of oc,o.
Der thereafterl convey unto Horatin rrnnaie