Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-05-02
In the Circuit Court for Montgomery
County, as Court of Equity.
March Term, 1869.
Joseph q. White, Trustee; Algheus Maecu55in.
Trustee, and Thomas II. NaccaJJin,

VERSUS
Richard J. Boscie YIN. II, Birch, --- CAap-
pin, Hofotio Trundlc md Allison Major.
THE object Of this suit is to procure de-
A. cree that an account may be taken under
the direction of this court of what is now due
and on 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 N Maccubbin's undivided third part
Of said premises, made on or about the oath
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
lotied 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 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 complainants,
whst; iny thafg shall be found due to said
IruiS on s9Id account the pretended sales
| to'hfln, Eaid TNundle, Aliison Nailor, Chaplin
and William H 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 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
Compliments.
The bill states that, on or about the goth
day Of February, 1912, certain Zachariah
Maccubbin and Martha, his wife, did, by their
deed, duly executed and recorded, convey 10
their children the said Mary, Zachariah and
Thomas NJ Maccubbin, certain lands, lying in
said Montgomery eounty---to wit +" Hunting
ton, and part Of tract Of land called
"Pritchetfs 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 u. Maccubbiu and Zachariah
Maccubbin having given their single bill TO
one George r. Gather for 50, 600, payable in
two years aiterits date, with interest from date,
payable semi-annually, and 10 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 Maccubbin and
Zachariah Laccubbin, should make default in
the payment Of the said principal debt, or the
interest thereon; ali Of which will more fully
appear by reference 10 an official copy Of said
deed filed in this cause, marked Ex No. g.
The bill further states, that said Thomas NJ
Maccu5bin was the pricnipal debtor in said
single bill to said George Il. Gather and that
said Zachariah and Mary Maccubbin, were
merely his securities, and that said Thomas NJ.
Maceubbin 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 su1etyship.
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 win 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-
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. 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
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 haccubbin, 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 aud increase arising
thereirom not expended for the support of her
said brother, in trust for such persons and for
such estate as her said brother should by lasi
will and testament appoint; all Of which
viii more fully appear, by reference TO an Off
clal copy ofsaid Will, fled in this cause, mark
ed Elk. 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 the year eighteen hundred
md iiity-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
horato Trundle, within twelve months from
said date, stated to be borrowed by said Tho
mas NJ. Maecubbin from said Trundle, which
said mortgage is in violation Of the provisions
Of the will Of said Mary Maccubbin, and a
! hNuW upon tlt rights OF sillA lhOlnlS 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. Maccubbin
as therein stated
The bill states, that said Thomas NJ. Maccub-
bin and Zachariah Maccubbin, having failed
fully 70 pay tie amount due on the aforesaid
single bill TO said George r. Gather, the said
Richard j. Bowie trustee in thealoresaid deed
Of trust, did, ON or about the 18th day Of Au-
gust, 1856, sell, and on the 25th day Of Octo-
Der thereafter, convey unto lIoratio rrunde.
his heirs and assigns, all the undivided inter-
est and estate, at law or in equity, Of Thomas
NJ Meccubbin, OF, in, and 10 all those tracts of
land hcrcinbefore mentioned and described,
aud all the claims Of the parties to said deed,
in and to said undivided moiety, 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 moiety as
stated in said deed.
The bill further states that before the time
Of the said sale, the said Horatio Trunde had
purchased OF the said George r. Gather, his
claims against Thomas NJ, Mary and Zachari-
Of.
The bin further states, that said Richard J.
eo@ie, trustee as aforesaid, did. on or about