Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-05-30

men, as legally capable of that Loyalty the
blacks are waiting to manifest, and let them
fight with God and human nature on their
side, the roads will swarm, if need be, with
multitudes whom New England would pour
out to obey your call. Always ready to do
my utmost, ! remain, most faithfully your
obd't serv't, JOHN A. ANDREWS.
In the Circuit Court for Montgomery
County, as Court of Equity.
March Term, 1869.
Joseph G. White, Trustee; Alpheus MaccuJbin,
TRUSTEE, and Thomas ". 1HaccutGin,
VERSUS.
Richard j. Bowie, Wm H. Birch, - Chap
pin, Horqtio Irundte md Allison Major.
T1HE object of this suit is to procure a de-
a cree that an account may be taken under
the direction of this court of what is now due
and ow ing from the said Thomas NJ, Mary and
Zachariah Maccubbin to said Horatio Trundle.
for principal and interest on security Of certain
llpremises, more particularly described in the
ilbilA after allowing to the complainantsf for all
lpaylneuts and larstlss1A8ceeds OF sale of said
IFrhsro aA5 ssaaA ldiyided third part
Y y ri 20 team SET or about the 2Sth
EAls < Dctobkf, " fhasy err 1856, by said RICH
49, sowie Trustee to said Horatio Trun-
~ aud which was afterwards divided and al
loted 10 said William II. Birch grantee there
Of uuder said Trundle and for the rents and
profits o. 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 OF
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 IL. 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-
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
complainants
The bill states that, on or about the goth
day Of February, 1872, a certain Zachariah
Maccubbin and Martha, his wife, did, by their
deed, duly executed and recorded, convey to
their children the said Mary, Zaehariah 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-seyen acres of land,
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. Maccubbn and Zachariah
Maccubbin having given their single bill to
/ one George r. Gather for 81, 600, payable in
/ two years after its date, with interest from date
payable semi-annually, and to secure the same,
on the 2Slh Of July, 1913, 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 Maccubbn 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 TO an official copy of said
deed filed in this cause, marked Elk No. q
The bill further states, that said Thomas NJ
Maccubbin was the pricnipal debtor in said
single bill TO said George Il. Gather, aud that
said Zachariah and Mary Maccubbin, were
merely his securities, and that said Thomas
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 indemnity 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 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 testatrx by said viii, 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
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
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
thereirom, not expended for the support of her
said brother, in trust for such persons AID for
such estate as her said brother should by last
VIII and testament appoint all of which
VIII more fully appear, by reference to an OIL
eial copy ofsaid will, filed in this cause, mark
ed Elk. No 4.
The bill further states, that said John w
Andersonl trustee, under said will, and said
Thomas Nj. Maccubbin, on or about the 18th
day ~ August, in the year eighteen hundred
ana llty-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 payable 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 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 ~ Maccubbin,
a fhnrpin stated