Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1865-12-06
LEGAL NOTICES.

Benjamin Debruler late of Baltimore city deceased
Also to "btan construction of the will of said Ben
hereunder. Also, to have confirmed sale of GER
tam property made by said John Emory Weatherby
as Trustee to Michae! Anthony Frederick. Also, to
authorize the said John Emory W eatherby to make
sale of certain Ground Rents or Annuities and a
CERTAIN piece of Property mentioned i'll the bill and
the proceeds.
The substance is that said Benjamin nebruler was
seized and possessed of large amount of property
among which was the following property to be af-
fected by this bill. to wit:
r. ground % rent of $50 described in Q deed from
1858 and recorded in Liber L. D. No. 30 folio lS5. &c
Also one Of $3.50, described in deed from James
e CD Bell and wife to him, dated the 7th Of July
Also one of SIG, secondly described in a deed from
James Z. Bell and wife to him, dated the 18th of
f 2SP &o 1907 and recorded in T. d. No. d. folio
IA. Asa one Of s34, described in deed from Archi.
Also, two of 500 each respectively described in
deed from George R. Rittenhouse to him, dated i4th
ef N9Dember 1888, and recorded III L. D., No. So.
Also two one $40 and the other ofSa5 respectively
described in deed from James c. Bell to him. datcd
9Th Of March, 1911, and recorded in t. K. No sos
folio 2t5, &c.
Aso three res several Ground Rents. one of ST. one
in deed from james C. Bell to him. dated 18th Feb
ruary. 1914 and recorded in I. K, No $685. folio 49,
Also, one of $2S secondly described in deed from
James c, Boil and wife to him. dated Dist of August
lS5l and recorded in A. W. b.. No 46i. folio 299 &c
"a Also e. Lot Of ound and premises situate the
west SIDE OF oppeton street. in said city at the dis
tango of 10 feet southery from the southwest corner
81 Popplet9n and Boyd streets. fronting II feet
the west side of PoPpleton street with depth of IS
inches wide: being q part. of the ground
one recorded in A. W s., No 265, folio sci; and tho
other in I. E No. 339, folio l05, dc.
That being 50 seized aud pos essed, he made his
T on on the "a June 1885, and afterwards, to wit
That by his said will he devised to Cordoba Was
Key, Tor life, certain gronnd-rent payable out of
the lot of ground secondly described in said deed re-
corded in A. W. B., No 46i, folio 2g9 de- and here
inbeore referred to, who subsequently, some time in
the year 1859, died. whereby the said rent became
part of the residue of tho said ties ators estate That
by his SAID will he devised all his estate and property
unto Jonh IL; l. Jerome row deceased in trust
Ann Debrul6r attained the age of y years she should
pc permitted during her natural life to take and
JOY me whole estate and income thereof Ur her own
use and that after hor death said estate should be-
come the property of any child children she might
nave and hat IN case OF the death of his said
daughter without leaving child or children, or de-
scendant5 OF the same living at the time Of her DEATH
orlupon fail lure of issue on the part of his said
ghter, then in Trust, that one-half of his estate
should become the property Of the children Of Bena-
min Waskey, their heirs, executors, administrators
and assigns forever That the other hafthereofshould
become the properly OF the children of his sis
ter, Francis Hathhorn supposed to reside in
Belmont county, Ohio, and the daughter of his
brother, MlCaldn tnolr heirs, executors
administrators and assigns forever. hat said John
II. L. jerome was appointed Executor and Trustee of
said will with power, among other things, to sell
and dispose of whenever, in his opiaion sale of the
same would conduce to the benefit of those interest
ed therein, any part or parts of his estate and
therein set forth. That said jerome took upon him
self the administration of the said estate and the
trust reposed upon him by said will and having sub
sequenty fully settled his accounts as Executor of
said estate and being DESTROYS of being relieved from
the trust. was, on application to the superior Court
Of Baltimore City, relicEed therefrom. and John
Emory Weatherby by order of said Court substituted
That said Weatherby, after giving bond, as re-
qUired by the order oil said Court took control Of all
the trust property.
That afterwards said cause was removed to the
Circuit Court, for Baltimore City, and the said
Wcatherby believing himself to be possessed of the
power sell any of the Trust property in as full
and simple manner as the said Jerome was author
cult Court for Baltimore city to sell certain lot of
ground and premises at the southwest corner of Pop
p!eton and Boyd streets in said city. and
did by virtue of decree or order of said
Court sell one of the said lois of ground and prem-
ses to Michael Anthony Frederick, for the sum of
2l.75 That said Jerome in filing his said bill of COM
plant or petition the Superior Court as aforesaid
omitted to make the parties interested in remainder
under said will who were entitled to tho Trust Estate
after the death Of the said Mary Ann Debruer NOW
Weatherby,) upon the various contingencies in said
will mentioned parties to said cause.
That the said Mary Ann Debruler NOW Weatherby,
to whose use the roSt OF the Trust Estate devised
internarried with the said John Emory Weatherby
and shortly afterwards arrived at the age of q years
That the said John Emory Weatherby and Mary Ann
Weatherby, with their children named in the bill,
reside in the city of Batim9rc and State of Maryland.
That thes aid BENJAMIN Naskey intermarried with
Sarah Hollis now Waskey) and together with their
children named in the BILL also reside in the City and
State aforesaid.
testator's brother, Micajuh Debruler, intermarred
with Theodore Middleton, and together with their
6dn nqm the a al 6f bill side II Anne arundel
ants do not know whether Francis Hathhorn, the sis
ter of said teStatoT, benjamin DebruieT mentioned
in his will, and who was by the said testaor sup
posed to DO then residing in Belmont county. Ohio,
is living or dead, married or single. or whether
she has any children left any heirs or personal
representatives, nor their names, ages, places Of
residence; but they that the said Francis Hath
horn as also her children, heirs or personal repre-,
the limits OF the State Of Maryland.
That the said John Emory Westherby has since the
sale made by him to said Michael Anthony Frederick
endeavored to dispose Of other portions of the said
trust property but has been unable to effect sale of
the same by reason of the doubts expressed to his
authority under the powers conferred in said will,
and as the trustee substituted III the place of the said
jerome to make sale of or to give valid title for
any part thereof That he has purchased piece of
property mentioned in the BILL which is designed for
the benefit of the Trust Estate and considered by him
an investment for that purpose. and that he has APP
piled the proceeds arising from the sale of the pro-
perty made by him as aforesaid to Michael Anthony
Frederick part payment therefor but the said pro-
ceeds insufficient and that it will De necessary
for him 10 make sale of all of the respective
portions OF said trust property in order to pay for the
same
That the purchase Of the piece Of property descrih
ed in the bill is desirable investment for the said
estate and tor the interest Of all parties interested
therein.
That the sale so made by him to said Michae
Anthony Frederick, is an advantageous one for
all the parties interested, and thati would be to their
interest that the same should DC confirmed by this
Court.
That would be to the advantage of all parties in
terested in the Trust Estate that some or all of the
respective portions of the Trust property should be
Sold and the proceeds applied to the payment of the
purchase money agreed to be paid BY him for the
piece of property described in the bill. That the
SAID jerome died shortly after the substitution OF
said Weatherby trustee in his place having first
made his will. That said will contained no iuary
clause, and no disposition whatever was thereby
made of the Trust Estate of said Debruler. That he
made Henrietta Jerome, Waiter Dyer and Samuel
Z. Ridgway, her Executors. That Samuel c. Rdg-
way declined the appointment and letters testa-
mentary were committed TO Henrietta Jerome and
Walter Dyer.
That said Jerome left several children, of whom
John Hanson Thomas Jerome the son is heir at com
mon law, and i'll case the said John Emory Weather
OF said John H. l. j erome Ideceased,) tn Trust has
devolred upon the said Jerome the son. far as the
was Unbeatable as fee simple property and upon
the said Henrietta Jerome and Walter Dyer, Exccu-
tors far the said Trust Estate consisted of per-
sonal property.
entertained as to the true construction of said will
especially with reference to the powers and authori
ties given to the said jerome, to make sale of the
Trust property any part thereof, whether the
was linn ed to the said jerome personally, the
same powers are conferred upon any in the
Trust and that doubts have also arisen TO Whether
the complainant, John Emory Weatherby, was pro-
perry substituted Trustee in lieu OF said jerome
and also whether the sale made and conveyance exc
cuted by the said Weatherby, Irus &C. is valid and
etiectual to pass title to the said purchaser.
The bill then prays for construction Of the will Of
the said Benjamin Debruier, deceased and that the
substitution of the said John Emory Weatherby may
be ratified or confirmed Or that he be substituted
as Trust and his powers and authorities such
defined and determined by this Court. Also that
the sale made by him to the said Michael Anthony
Frederick, be ratified and confirmed; also that be
authorized and directed make sale of some or all
lnbetore de cribed. And also that the investment IN
the dwelling house be ratified and confirmed and he
be authorized to complete the same and for further
relief. And then prays that Subroenas may issue
against the parties to the SAID cause, who are resi-
dents of the State Of Mary land, and for an order
publication against those who non residents and
unknown defendants.
1t is thereupon ordered and adjudged this 9Th
day OF December, 1865, that the complaiuants
BY causing copy Of this Order be inserted in some
daily newspaper, published in Baltimore city, once
in each ofour successive weeks before the fourth DAY
of January next, give notice to the said absent de
PENDANTS of the object and substance of this bill and
warn them to appear in this Court in person or by
Solicitor on or before the fourth day of April 1865
to answer the premises and show cause if any they
or either of them have why q decree ought not to
pass as prayed. NJ. ALEXANDER,
SAMUEL NJ. EVANS, Clerk.
EDWD. ISRAEL,
de5-1aw4w Solicitor for Complainants
4 UMBER! LUMBER! LUIIBER!!!
OLD EsTABLi Edi YARD.
No. IS WEST FALLS AVENUE, Baltimore, Nd.
We have on hand in lots to sut purehasers very