Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-06-27


trusts that he held the original property, to-
gether with the profits and increase arising
therefrom, 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, filed in this cause, mark
ed Elk. No. A.
The bill further states, that said John w.
/ Anderson, trustee, under said will. and said
1 Thomas NJ, Maccubbin on or about the 10th
day Of August, in the year eighteen hundred
and hfty-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
Horatio Trundle, within twelve months from
said date, stated to be borrowed by said Tho
mas NJ. Maecubbin 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
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.
4 The bill states that said Thomas NJ Maccub-
bin and Zaehariah Maccubbin, having failed
/ fully TO paythe 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 day of Au-
/ gust, 1856, sell and on the 10Th day Of Octo-
Der thereafter, convey unto Horatio Trundle
his heirs and assigns, all the undivided inteSs
est and estate at LAW or in equity Of Thomas
N. Mcccubbin, of in, and to all those tracts 81
land herenbefore mentioned and described
and all the claims Of The parties to said deed
in and to said undivided moiety, for the sum
4 Of twenty-five hundred dollars, and the said
purchaser then entered into possession thereof
4 The interest Of said Thomas was an undivided
! third part, aud not an undivided moiety as
4 stated in said deed.
4 The bill further States that before the time
Of the said sale the said Horatio Trundle had
/ purchased Of The said George r. Gather his
claims against Thomas NJ, Mary and Zachari-
all Maccubbin, and was then the owner there
! Of
/ The bill further states, that said Richard ]
/ Bowie, trustee as aforesaid, did, on or about
1 the 3lst day OF March, in the year l957, SELL
and on the Goth day of May in said year, CON
/ yey unto said Horatio Trundle the undivided
interest and estate Of the said Mary and Zach
ariah Maccubbin, at law, or in equity, Of, in
and to, the aforesaid lands containing in the
whole three hundred and two acres Of land,
more or less, at, and for the sum Of two thou
sand dollars, which was paid to said trustee
and the said purchaser then entered into pos
session of said premises. The said sale was
made without due authority, the purchase
money was grossly inadequate to the fair mar
ket value Of tho property, the sale was never
reported to, and ratified by, tie Court and
was made after the death Of sud parties and
was fraudulent and void
The bill further states, that said Zachariah
Maccubbin moved to the State Of Missouri and
atte- having made and duly executed his last
will and testament, departed this life on OF
about the 18th day of February, in the year
eighteen hundred and 6fty-seyen, which will
was duly admitted to probate before the proper
legal tribunal Of the State Of Missouri, and
the said testator thereby devised his undivided
third part Of orinterest in the lands aforesaid,
to said Alphcus Maccubbin, in trust for the use
and benefit Of said Thomas NJ Maccubbin, du-
ring his natural life, and to his heirs after his
death.
The bill further states, that on the 25th Of
February, in the year, l84S, when said Ttun-
die purchased said claim from said Gather,
the amount due thereon was seventeen
hundred and nine dollars and egbtY-nIne
cents, on which said Thomas NJ Maceubbin,
made two payments of one and two hundred
dollars, which, together with the proceeds of
the sale made by said Bowie, trustee to said
Trundle, overpaid the said debt and interest,
~ " -, W." " s'i" tN ~ .,'''N-
eunoihi "hlcn mas not peeh paldI out SUI re-
mains due and owing.
The bill further States that said Trundle
some time in the month of April, in the year
1885, sold to Allison Nailor, three lots Of said
land, for the aggregate sum Of scyenty-one
hundred and fifty dollars that the said Ali /
son Nailor, on the first day of May, eighteen !
hundred and ffty-nine, exchanged one ofsaid
lots with William ii. Birch for houses and lots /
in Washington, valued at and worth SIX
thousand dollars and the said lot was LAID OIL
from the residue OF SAID lands by tue mutual
consent and appreciation OF allsparhes inte-
rested, and on the 26th day Of February, ls6l, /
said Nailor, executed TO said Birch, bond Of
conveyance, therein describing the lot so ex-
changed by motes and bounds, courses and
distances. This lot is the said Thomas NJ.
Maccuhbn's full third part Of all the lands
mentioned in said deed of trust to said Bowie.
The hill further states thai on the 10th day
of October in The Wear 1881 said Uoratio
TrnndIe Nv lis nmcnt and attorney in fact
A q Tnndlo soId ana ooreed ~ convey 10
eaid wiiGan, Il Pirch ali tbe lanSsand .,yo,o-
Uses which the said Ioratio Trnndle obtained