Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-06-27

Richard j. Bo,cie, Wm. H. Birch, ---- Caar-
PIN, HordtiO IruR8Ie and Allison Ndilor
TNHE object of this suit is to procure de-
4 cree that an account may be taken under
the direction of this court of what is now due
and ing from the said Thomas NJ, Mary and
Zachariah 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 Maccubbn's undivided third part
Of said premises, made on or about the 2sth
day of October, in the year 1856, by said Rich
ard }. Bowie, Trustee to said uoratio Trun-
die; and which was afterwards divided and al
lotted to said William Il. Birch, grantee there
OF, under said Trundle, and for the rents and
profits Of the residue Of said lands received by
the said Trundle, or his grantees, or by any
person or persons, on his, her or their behalf.
or which might without his willful neglect or
default have been received by him or them,
since he and they entered into possession there
OF, and upoa payment by the compliments,
what, fany thing shall be found due to said
Irundle on said account the pretended sales
TO him, said TruBdle, Allison Nailor, Chaplin
and William II. Birch which are particularly
described in said bill Of complaint, except the
divided third part, which has since been di-
vided and sold to said William II. Birch NAV
be set aside, and that the said parties maysur-
render and deliver up the said premises to the
compainants
The bill states that, on or about the goth
day OF February, 1872, a certain Zacharah
Aaecubbin ana Martha, his Wife, did, by their
deed, duly executed and recorded, convey to
their children the said Mary, Zachariah and
Thomas M. Maccubbin, certain lands, lying in
said Montgomery county--to wit Hunting
ton, and part Of n tract Of land called
'Pritchetts Purchase" containing, together,
three hundred and lorty-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 M. Maccubbin and Zachariah
Maccubbin having given their single bill to
one George h. Gather for 81, 900, payable in
two years after its date, with interest from date,
payable emi-annually, and 10 secure the same,
on the 2Sth 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. Maocubbn and
lachariah Laccubbin, should make default in
the payment Of the said principal debt, or the
interest thereon all of which will more fully
deed filed in this cause, marked Elk No. Q.
The bin further states, that said Thomas NJ
Maceubbin was the pricnipal debtor in said
single bill to said George X. Gather, and that
said Zachariah and Mary Maccubbin, were
4 merely his securities and that said Thomas
Maccubhin did, on the 9Th day OF October
in the year 1913, convey unto the said Mary
Maccubhin, all his interest in the said lands
and premises to indemnify her against loss by
means Of her said surelyship
The bill further states, that or or about IA,
18th day Of April, in the year s52, 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 dul,
admitted to probate before the Orphans Cour
Of Montgomery county, on the 22d day o
April, in said year.
The said testatrix by said will, among othe
things devised, and bequeathed all her estate
real and personal, to Dr.. John W. Anderson
his heirs and assigns, or other trustee appoint
ed in their stead, in trust for the maintenance
and support Of her brother, said Thomas NJ
Maccubhin, during his natural life, TO whicl
purpose all the rents, issues and profits Of SAID
estate were to be applied, and said estate wa
not 70 be liable for any debts Of the said Tho
mas NJ Maccubbin heretofore or thereafte
contracted The said trustee was also EN-
powered TO sell said property, and to inves
the proceeds Of the same ia such real estate
stocks, or other securities. as in bis discretion
might seem best and again 10 sell the SAM
and apply the proceeds 10 the support Of bel
4 said brother, or 10 reinvest the same in othei
real estate, securities Sc; all Of which was e
be done AT the written request OF the said Tho
mas " Maccubhin, and the said trustee wal
e hold such, AFTER acquired, upon The ssm'