Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-05-09
In the Circuit Court for Montgomery
County, as Court of Equity.
March Term, 1869.

In the Circuit Court for Montgomery
County, as Court of Equity.
March Term, 1862.
Joseph @. White, Trustee; Alphcus MaccuJJin,
Trustee, and Thomas NJ Maccu66i,a,
VERSUS.
Richard J. Bovie, W1a. II. Birch, - CtaD-
pin, Horatto TyundLe and Allison Major.
VEtHE object of this suit is to procure a 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 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's undivided third part
Of said premises, made on or about the 2Slh
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 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 compliments.
what if any thing shall be found due to said
Trundle, on said account, the pretended sales
to him, said Trunde, Allison Nailor, Chaplin
and Willism y. Birch, which are particularly
described il aid bill Of complaint, except the
sale of the 81 arhomas NJ. Maccubbins uu-
divided ssIdl port, wldcf--&as since been di-
vided aud 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, a 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 Hunting
tor" and part of a 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
Maccubbin having given their single bill to
one George II. Gather for 81 600, payable in
two years after its date, with interest from date,
payable semi-annually, aud TO secure the same
on the 28lh 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 Laccubbin, 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 filed in this cause, marked Ex No. q
The bill further states, that said Thomas NJ
81, lstt 1
single bill TO said George h. Gather, and that
said Zacharah and Mary Maccubbin. were
merely his securities, and that said Thomas NJ.
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 indemnify her against loss by
means of her said suietyship.
The bill further states, that, on or about the
18th day OF April, in the year 1859, 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 testatrix by said will, among ether
things devised, and bequeathed all her estate.
real and personal, to Dr. John w. Anderson.
his heirs and assigns, or other trustee appoint
ed ia 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. Maecubhin 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 1
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 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 of said will, filed 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 I
day Of August, in the year eighteen hundred /
and ttty-three, mortgaged the interest of the
800 -aNANN''NAAtf
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 isin violation of the provisions
of the will Of said Mary Maccubbin, and a
fraud upon the rights OF said Thomas NJ. Mac
cnb6in, and Is void, and Of no biuding 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 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 18th day Of Au-
gust, 1856, sell, and on the 25th day of Octo-
Der thereafter, convey unto lIoratio Trundle,
his heirs and assigns, all the undivided inter-
est and 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 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 moietv as