Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-05-23
In the Circuit Court for Montgomery
County, as a Court of Equity.
March Term, 1869.

March Term, 1869.
Joseph G. White, Trustee Alpheus Maccu5Jin,
Trustee, and Thomas N. Maccab6in,
VERSUS.
Richard J. Boi0ie, VIM H. Birch, - Chap
pin, kioratio TfHndle and Allison Nailor
TNHE 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 W ing 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 compliments 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 2Sth
day of October, in the year $50, by said Rich
ard j. Bowie, Trustee to said uorafo Trun-
| dle and which was afterwards divided and al
lotted to said William II. Birch, grantee there
of, under said Trundle, and for the rents and
4 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 Trundle, Allison Nailor, Chaplin
and William Fl. Birch which are particularly
described in said bill of complaint, except the
sale Of the said Thomas NJ Maccubbin's I'M
divided third part, which has since been di-
yided and sold to said William IT, Birch may
be set aside, and that the said parties may sur
render and deliver up the said premises 10 the
compliments.
The bill states that, on or about the goth
tnsF Al, -t,1.
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 q 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 eonyeyedforty-
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 bin to
one George r. Gather for s., 600, payable in
two years after its date, with interest from date
payable semi-annually, and to secure the same
on the 18th Of July, 1913, conveyed said resi-
due Of said land TO Richard j Bowie, in trust
to sell and convey the same in case the said
Mary Maecubbin, Thomas NJ. Maccubbin and
Zachariah Laceubbin, should make default in
the payment Of the said principal debt, or the
interest thereon all of which viii more fully
appear by reference TO an official copy Of said
deed filed in this cause, marked Ex No 2.
The bill further states, that said Thomas NJ .
Maccubbih was 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 .
Maccubbn 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 indemnity 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 Naccubbin, 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 ed 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,
Ills 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. Maecubbin 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 u. 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
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
viii and testament appoints all Of which
will more fully appear, by reference to an offs
cial copy ofsaid 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
day of August in the year eighteen hundred
and lilty-three, mortgaged the interest of the
said Mary Maccubbin, deceased, in the afore-
said real estate, TO secure the payment Of FIVE
hundred dollars, vita interest, payable to one
lloratio Trundle, within twelve months from
( said date, stated TO be borrowed by said Tho
mas NJ. Maceubbin from said Trundle which
said mortgage is in violation Of the provisions
Of the win Of said Mary Maccubbin, and a
fraud upon the rights OF said Thomas NJ. Mac
cubhin 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.
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 II. Gather the said
! Richard j. Bowie, trustee in the aforesaid deed
a of trust, did, on or about the 18th day Of Au,
+ gust 1856, sell, and on the 25th day Of Octo
h Der thereafter, convey unto Horatio Trundle
4 his heirs and assigns, all the undivided inter
est and estate, at law or in equity Of Thoma
Is NJ. Mcccubhin, of, in, and TO all those tracts O
le land hereinbeiorc mentioned and described
y and all the claims of the parties to said decd
r in and to said undivided moiety, for the sur
At Of twenty-five hundred dollars, and the sal,
1. purchaser then entered into possession thereof
ne The interest Of said Thomas was an undiyide
G. third part and not an undivided moiety n
stated in said decd.
he The bill further states, that before Che tim
I'd Of the said sale, the said lloratio Trundle ba
mr. Z nurchascd of fha coid C,a,o,o /, OIL