Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-04-04
In the Circuit Court for Montgomery
County, as a Court of Equity.
March Term, 1862.
Joseph g. Write, Trustee Alphsrs Mcccu56in,
Trustee, and Thomas H. lHaccg55in,


Richard j. BoYie Nm, H. Birch, - Chap
pin, Horatio Truqdle and Allison Major.
TNIlE object of this suit is to procure de-
Il 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. Maccubbin's 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 Horato Trun-
die and which was afterwards divided and al
lotted to said William H. 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 willtul neglect or
default have been received by him or them,
since he and they entered into possession there
of, and upon payment by the compliments,
what if any thing shall be found due to said
| Trundle, on said account, the pretended sales
to him, said Trundle, Allison Nailor, Chaplin
and William H. Birch, which are particularly
described in said bill of complaint except the
sale Of the said Thomas NJ. MaceubLin's un-
divided third part, which has since been d.
yided and sold to said William II. 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, n certain Zachariah
Maccubbn 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 4" Hunting
ton, and part Of u tract Of land called
"Pritchetts Purchase containing, together,
three hundred and forty-seyen 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, 900, payable in
twoyears after its date, with interest from date,
payable semi-annually, and to 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. Maceubbin and
Zachariah Laceubbm, should make default in
the payment Of the said principal debt, or the
interest thereon all of which will more fully
appear by reference TO an official copy Of said
deed filed in this cause, marked Elk. No. 2.
The bill further states, that said Thomas NJ
Maccubbin was the pricnipal debtor in said
single bill to said George h. 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,
in the year ls43, convey unto the said Mary
Maccubbin, all his interest in the said lands
and premises to indemnify her against loss by
means of her said suretyship.
The bill further states, that, or or about the
18th day Of April, in the year 1882 the said
Mary Maccubbin, having made and duly exc
cuted her last will and testament in writing,
departed this life, and the said win was duly
admitted to probate before the Orphans Court
of Montgomery county, on the I'D day of
April, in said year.
| The said testatrix by said will, among other
things devised, and bequeatbed ali 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 .
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. Maccubbin 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.
stocks, or other securities, as in his discretion
might seem best, and again to sell the same
and apply the proceeds to the support Of her
said brother, or TO reinvest the same in other
real estate, securities, &c; all Of which was to
DC done al the written request Of the said Tho
mas NJ. Maceubbin, and the said trustee was
TO hold such, after acquired, upon the same
IA hat ba hpl ba min
gether with the profits and increase arising
thcrefrom not expended for the support of her
said brother, in trust for such persons and for
such estate as her said brother should by last
will and testament appoint; all Of which
will more fully appear, by reference to an off
cial copy Of said will, filed in this cause, mark
ed TX. No. 4.
The bill further states, that said John w
Anderson, trustee, under said will, and said
Thomas NJ. Maccubbin, on or about the 10th
day Of August, in tho year eighteen hundred
and ffty-three, mortgaged the interest Of the
said Mary Maccubbin, deceased, in the afore-
said real estate, TO secure the payment of five
hundred dollars, vita interest, pay able to one
Horatio Trundle, within twelve months from
said date, stated to be borrowed by said Tho
mas NJ. Maccubbin from said Trundle. which
said mortgage is in violation Of the provisions
Of the will Of said Mary Maccubbin, and a
fraud upon the rights Of said Thomas M Mac
cubbin and is void, and Of no binding force
in law, and that said sum Of money was not
in fact loaned to said Thomas ". Maccubbin,
as therein stated.
The bin states, that said Thomas NJ Maccub-
bin and Zachariah Maccubbin, having failed
fully to pay the amount due on the aforesaid
single bill TO said George n. Gather, the said
Richard J. Bowie trustee in the aforesaid deed
Of trust, did, on or about the 18th day Of Au-
gust, 1856, sell, and on the 25th day Of 0cto-
Der thereafter, convey unto Horatio Trundle,
his heirs and assigns, all the undivided inter-
est and estate, at law or in equity, Of Thomas
NJ Mcccubbin, Of, in and to all those TRACTS Of
land herenbeiore mentioned and described, |
and all the claims OF the parties to said deed,
in and to said undivided moicty, for the sum
Of twenty-five hundred dollars, and the said
purchaser then entered into possession thereof
The interest Of said Thomas was an undivided
third part, and not an undivided moieiy as
stated in said deed.
The bill further states, that before the time
Of the said sale the said IIoratio Trunde had
purchased of the said George r.. Gather, his
claims against Thomas NJ. Mary and Zachari-