Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-06-20
In the Circuit Court for Montgomery
County, as Court of Equity.
March Term, 1862.



Joseph g. White, Trustee; -Aloheus MaccuJJin,
Trustee, and Thomas N. MaccaJbia,
VERSUS.
Richard J. Bowie, Wm. II. Birch, - chap
pin, Horatio 1rundle and Allison Major.
FE1HE object Of this suit is to procure de-
l. 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
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 compainants 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 2ath
DAY Of October, in the year 1856, by said Rich
ard j. Bowie, Trustee to said Horatio Trun-
die and which was afterwards divided and al
lotted to said William II. 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 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 1gun& Allison Nailor, Chaplin
hand William II. Birch, which are particularly
described in said bill Of complaint except the
sale of the said Thomas NJ. Maccubbin's I'M
divided third part, which has since been di-
vided 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, certain Zacharah
| 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; " Hunting
! ton, and part Of tract Of land called
| "Pritchett's Purchase" containing, together,
| three hundred and forty-geven 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
1 hundred and two acres The said Mary Mac
cubbin, Thomas ~ Maccubbin and Zacharah
/ Maccubbin having given their single bill to
one George r. Gather for 49, 900, payable in
two years after its date, with interest from date,
payable semi-annually, and to secure the same
on the 2srh 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 MaccubOin, Thomas NJ. Maccubbin and
Zachariah Laccubbn, should make default in
the payment Of the said principal debt, or the
interest thereon all Of which win more fully
appear by reference 10 an official copy of said
deed filed in this cause marked FIX. No. 3.
The bill further states, that said Thomas NJ
Maccubbin was the pricnipal debtor in said
single bin to sand George r. 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 1913, 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
9th day of April, in the year 1862, 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 I'D day of
April in said year.
The said testatrix by said will, among other
things devised, and beqpeathed 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
Maccubbiu, 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
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 reinvesi the same in other
real estate, securities, &C.; all Of which was to
be done at the written request of the said Tho
mas NJ. Maccubbin, 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
thercfrom 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 aud 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 Elk. No. A.
The bill further states, that said John W.
Anderson, trustee, under said will, and said
Thomas NJ. Maccuhhin, on or about the 9th
day Of August, in the year eighteen hundred
and ffty-three, murtgaged The interest of the
said Mary Maccubbin, deceased in the alore-
said real estate, 10 secure the payment Of five
hundred dollars, vita interest, payable to one
Iloratio Trundle within twelve menths from
said date, stated TO be borrowed by said Tho
mas NJ Maocubhin from said Trundle which
said mortgage is in violation Of the provisions
Of the win Of said Mary Maccubbn, and a
fraud upon the rights of said Thomas NJ. 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 NJ. Maceubbin,
as therein stated.
The bill states, that said Thomas NJ. Maccub-
bin and Zachariah Maccuhbin, having failed
fully to pay tic amount due on the aforesaid
single bill TO said George r. Gather, the said
Richard j. Bowie, trustee in the aioresaid deed
Of trust did, on or about the l2th day Of Au-
gust, 1856 sell, and on the 25th day Of Octo-
Der thereafter, convey unto Horato frundle,
his heirs and assigns, all the undivided inter.
est and estate, at law or in equity, Of Thomas
1 NJ. Moccubbin, Of, in and to all those tracts Of
land hereinbelore mentioned and described
and all the claims Of the parties to said deed
in and TO said undivided moiety, for the sun
Of twenty-five hundred dollars, and the said
purchaser then entered into possession thereof
The interest Of said Thomas was an undivided
I third part, and not an undivided moiety a.
stated in said deed.
The bill further states, that before the time
Of the said sale, the said Horatio Trundle had
purchased Of the said George II Gnithpr his