Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-04-25
In the Circuit Court for Montgomery
County, as a Court of Equity.
March Term, 1862.

COuhsy, as court OF Equity.
March Term, 1862.
Joseph G. White, Trustee Alpheus Maccub5in,
Trustee, and Thomas IL. Maccu55in,
VERSUS.
Richard y. Bosoie, Vim. H. Birch, - Chap
pin, Horatso Irundle and Allison Nailor.
VIE 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 owing from the said Thomas NJ, Mary and
Zachariah Maccubbn to said Horatio Trundle,
for principal and interest on security of certain
premises more particularly described in the
bill, after allowing to the compliments 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 Horatio Trun-
dle and which was afterwards divided and al
| lotted to said William II. Birch grantee there
| Of, under said Trunde, 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,
!
|, Tsundle, 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 Maccubbin's un-
divided third part, which has since been d.
vided and sold to said William H. Birch NAV
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 Zachariah
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 g Hunting
! ton" and part of tract of land called
| "Pritchetts Purchase" containing, together
three hundred and forty-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 NJ Maccubbin and Zacharah
Maccubbn having given their single bill to
one George Il. Gather for 81, 900, payable in
two years 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. Maccubbin and
Zachariah Laceubbin, should make default in
the payment of the said principal debt, or the
interest thereon; all of which will more fully
appear by reference 10 an official copy of said
deed filed in this cause, marked Ex No. 2.
The bill further states, that said Thomas NJ
Maccubbin was the pricnipal debtor in said
single bill to sand George II. Gather, and that
said Zachariah and Mary Maceubbin, were
y md hatc oil
Maccubbin did, on the 18th day Of October
in the year l643, convey unto the said Mary
Maecubbin, 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 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 Dir. 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 hislatural 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. Maecubbin, 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 ard for
such estate as her said brother should by last
VIII and testament appoint; all of which
Will more fully appear by reference to an Off
cial copy ofsaid 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. Maeeubbin, on or about the 10th
day of August, in the year eighteen hundred
and hily-three, mortgaged the interest of the
said Mary Maccubbin, deceased, in the afore-
said real estate, to secure the payment of FIVE
hundred dollars, with interest, payable to one
horato TrunGle, within twelve months from
s"'u uatci stateG TO be borrowed by said Tho
mas M. Maccubbin from said Trundle. which
SAID mortgage is in violation Of the provisions
OF the will Of said Mary Maccubbin. and a
maud upon the rights OF said Thomas NJ Mac
euooln, 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. Mnccubbin
as therein stated
The bill states, that said Thomas NJ. Maccuh-
pin and lachariah Maccubbin, having failed
fully to pay tie amount due on the aforesaid
single bill to said George R. Gather, the said
Richard J. Bowie, trustee in the aforesaid deed
! Of trust did, on or about the 9th dav Of An
gust, 1856, sell, and on the 25th day of Octo-
Der thereafter, convey unto Horatio Trundle ,
his heirs and assigns, all the undivided inter,
est aud estate, at law or in equity, of Thomas
NJ. Mcccubbin, of, in, and to all those tracts Of
land hereinbetore mentioned and described
and all heelaims Of the parties to said deed
in and to said undivided moety, 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 sald sale, the said Horatio Trundle had
purchased Of the said George r. Gather, his
| claims aeratpcf Thnr,,ao NJ Mar.. a sVoa1,o..