Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-07-11
In the Circuit Court for Montgomery
County, as a Court Of Equity.
March Term, 1862.

March Term, 1862.
Josepl G. Wlae Trustee .1lp1eas Maoca5tia,
1raStae, and Thomas H. Maccabbm,
VERSUS.
Richard J. Bolgis, Nm. H. Birch - Chau-
PIN Horatio 7rai,dle and Allison Major.
yEiHE 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 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 complainants for all
payments and for the proceeds Of sale Of said
Thomas NJ Maccubbin undivided third part
Of said premises, made on or about the 28th
day of October, in the year 1856, by said Rich
ard j Bowie, Trustee to said loratio Trun-
die and which was afterwards divided and al
lotted to said William II. Birch grantee there
Of. under said Irundle and for the rents and
profits of the residue of said lands received by
the said TIundle, 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
4 Of, and upoa payment by the compliments,
1 what, if any thing shall be found due to said
! TrundIes 3Fssia 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
4 sale Of the said Thomas NJ. Maccubbn's I'M
I divided third part, which has since been di-
yided and sold 10 said William H. 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 Zachariah
Maccubbin and Martha his wife, did, by their
deed, duly executed and recorded, convey to
their children the said Mary, Zaehariah and
Thomas ". Maecubbin, certain lands, lying in
said Montgomery county--to wit " Hunting
tom and part Of tract Of land called
"Pritchetrs 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 Maccubbn and Zachariah
Maecubbin having given their single bill to
one George r. Gather for 50, 600, payable in
two years after its date, with interest from date,
payable semi-annually, and to secure the same,
on the 28lh Of July, l543, conveyed said resi-
due Of said land 10 Richard J. Bowie in trust
to sell aud convey the same in case the said
Mary Maccubbin Thomas NJ. Macepbbin and
Zachariah Laecpbbin, should make default in
the payment Of the said principal debt, or The
interest thereon all Of which viii more fully
appear by reference 10 an official copy Of said
deed fled in this cause, marked Elk. Ne. 2.
The bill further states that said Thomas VI .
Ataccubbin WIS the pricnipal debtor in said
single bill to said George r. 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,
ia the year lS43, convey unto the snd 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
10Th day of April, in the year 1852, the said
Mary Maccubbin, having made and duly exc
cpted her last will and testament in writing,
departed this life, and The said viii was duly
admitted to probate before the Orphans Court
Of Montgomery county, ON the 22d day Of
April, in ssftyear
The said testatrix by said viii. among other
thugs devised, and bequeathed an 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 M. Maccubhin heretofore or thereafter
contracted. The said trustee was also em-
powered to sell said property, and to invest
the proceeds Of the same in such rca 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. Maccabbiu 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
thercironl, 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
viii and testament appoint; all Of which
viii more fully appear by reference to an Off
cial copy Of said WILL filed in this cause, mark
ed Ex No 4.
The bill further states, That said John w.
Anderson, trustee, under said will, and said
Thomas NJ 'Maocubbin, on or about the 10th
day Of August, in the year eighteen hundred
and dity-three, mortgagcd the interest Of the
said Mary Maccubbin, deceased IN the alore-
said real estate, to secure thepayment Of hve
hundred dollars, with interest," payable to one
HoraHo TrunGle, within twelve months from
SAID Qute, StAiCG 10 Ne bOrloWcu-Dl Saiu ihO-
mas NJ. Maccubbin from said Trundle, which
said mortgage isin violation Of the provisions
OF the win Of said Mary Maccubbin, and a
fraud upon the rights OF said Thomas NJ Mac
euboin, aud 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,
rs therein stated.
The bill states, that said Thomas N. Maccub-
bin and Zacharah Alaccubbin, having failed
fnlly 10 pay c amount due on the aforesaid
single bill 70 said George r. Gather, the said
Richard j. Bowie, trustee in the aforesaid deed
of trust, did on or about the l2th day Of Au-
gust, 1866, sell, and on the 25th day Of octo-
Der thereafter, convey unto llorgtio Trundle,
his heirs aud assigns, all the undivided inter-
est and estate, al law or in equity, OF Thomas
N. Mcccuhhin, Of in, and to an those tracts Of
land hereinbeiorc mentioped and described,
aud an 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 moiely as
stated in said deed.
The bin further states that before the time
Of the said sale, the said Horatio Trundle had
purchased of the said George r.. Gather his
rio ir,e ,1asfnaf frha.,sne NJ Mary and Vneia vi