Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-04-11
In the Circuit Court for Montgomery
County, as Court of Equity.
March Term, 1862.

GOhhtys a. &OuEt Vi
March Term, 1862.
Joseph G. White, Trustee Alpheus MaccuJJin.
Trustee, and Thomas N. Mtccubbm,
VERSUS.
Richard j. Bowie VIM H. Birch - Chan
pin, Horatio Truadle md Allison Major.
THE 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 owing from the said Thomas NJ :, Mary and
Iachariah 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. Maccubbins undivided third part
of said premises, made on or about the 18th
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
otted 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 complainants
what, if any thing shall be found due to said
frundle, on said account, the pretended sales
to him, said Trundle Allison Nailor, Chaplin
and William Ii. Birch, which are particularly
described in said bill Of complaint, except the
sale of the said Thomas NJ. Maccubbinis UNI
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 ofFebruary, 1872, II 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 ontgomerycounty--to wit " 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 Zachariah
Maccubbn having given their single bill TO
one George r. Gather for So, 000 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 ia trust
to sell and convey the same in case the said
Mary Maccubbn, Thomas NJ Maccubbin and
Iachariah 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 10 an official copy Of said
deed filed in this cause, marked Elk. No, 2.
The bill further states, that said Thomas NJ
Maccubbin was the pricnipal debtor in said
single bill to said George X. Gather and that
said Iachariah and Mary Maccubbin, were
merely his securities, and that said Thomas NJ.
Maccubbin did, on the 18th day Of October,
in the year l643 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
18th day Of April, in the year 1852, the said
Mary Maccubbin, having made and duly exc
cuted her last viii 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 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. Maccubbin Heretofore or thereafter
contracted. The said trustee was also en-
powered 10 sell said property, and to invest
the proceeds Of the same ia such real estate,
stocks, or other securities, as ia his discretion
might seem best and again TO sell the same
and apply the proceeds to the support Of her
said brother, or 10 reinvest the same in other
real estate securities, &c; all Of which was 10
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
thcrefrom 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 and testament appoint all Of which
will more fully appear by reference TO an Off
cial copy ofsaid will, fled in this cause, mark
ed Tx. No. 4.
The bin 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
and dfty-thrcc, morigaged the interest Of the
said Mary Maccubbin, deceased, in the afore-
said real estate, 70 secure the payment OF Ave
hundred dollars, with interest, payable 10 one
Horaiio TrunGle 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 u said Mary Maccubbin, and a
maud upon the rights OF said Thomas n Mac
cubbin, and u void, and Of no binding force
IN law, and that said sum Of money was not
IN fact loaned 70 said Thomas NJ Maccubbin,
rs therein stated
The bill states, that said Thomas y. MAccnb-i
bin and Zachariah Maecubbn, having failed