Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1865-12-26
LEGAL NOTICES.
TN THE CIRCUIT COIrRT OF RAJ


trming or appointing John Emory Weatherby Trus-
tee in place of John II. I. Jerome under tho will of
Also, to obtain construction of the will Of said Ben
Jamln Debruler as to the powers of the Trustee
thereunder, Also, to have confirmed sale of GER
| tain property made by said John Emory Weatherby
as Trustee to Michael Anthony Frederick. Also, to
| authorize the said John Emory Weatherby to make
| sale of certain Ground Rents Annuities, and a
certain piece of Property mentioned in the bill and
hereinafter described and also for the investment of
the proceeds.
The substance is that said Benjamin Debruler was
seized and possessed of large amount of property
among which was the following property, to be af
| A ground rent of $50, described in deed from
James c Bell and wife to him, dated 10th February
1853 and recorded in Lber E. D. No 80 folio 1885, &c
Also, one Of $500 described in deed from James
| e. Bell and wife to him, dated the It'll of July,
1852 and recorded in E. p, No. IL, folio 49, &c,
| James e. Bell and wife to him, dated the 18th of
September 1851. and recorded in E. d. No. a. folio
Also, one of $34, described in a deed from Archi-
bald Il. Lee and wife to him, dated Sth of August
1872 and RECORDED ed in I X. No 1872 folio 1856, &c:
deed from George K. Rttenhouse to him, dated 14th
Of Noyember, 1855, and recorded in L. D., No. 80,
Also two one of $40 and the other 45 respectively
described in deed from James c. Bell to him. dated
9Th Of March, lS4l. and recorded in T. X, No. sos,
Also, three several Ground Rents, one of s21. one
OF S25 5000 and one of S2 respectively described
Euary. lS44 and recorded in T. H, No $685. folio 49,
| &c.
: Also one of s2s, secondly described in deed from
1851, and recorded in A. W. B.. No 464 folio 299 &C.
Also, Lot of G ound and premises, situate on the
west side OF PoppletOn street. in said city, at the dis
lance of 10 feet southerly from the southwest
OF Poppleton and Boyd streets. fronting IA feet on
feet inches to the west S de OF an aey
inches wide. being part of the ground
conveyed to said Ps6T9eT by two several deeds
| other in [. X. No. 3S9, folio 203 &c.
That being so seized and pos essed, he made his
Wii on the "a June 1872 and afterwards, to wit on
That by. his said will he devised to Cordea Was
d fF S P2 ava opt
corded in a. W. B., No: 46i folio 299 &C., and here
mo referred TO- who time in
part of the residue of the said tesators estate That
by his said will he devised all his estate and property
| among other things. that after his daughter Mary
Ann Debruer attained the of q years she should
JOY the whole estate and income thereof for her own
use, and that after her death said estate should be-
come the property of any child or children she might
bayei and that in case OF the death of his said
daughter without leaving child children, or de-
scendants of tho living at the time of her death
| or upon failure of issue on the part of his said
daughter then in Trust that one half of his estate
should become the property of the children of Benja
ner ha Ss ebaT
| become the property of the children of his Sis
ter; Francis Hathhorn, supposed to reside in
|
| brother, Micajah Debruler, their heirs; executors
administrators and assigns forever. That said John
IL: L. Jerome was appointed Executor and Trustee OF
| said WILL with power among other things to sell
and dispose of W henever in his opinion sale of the
same would conduce to the benefit of those interest.
ed therein, any part or parts of his estate, and to
invest the proceeds arising therefrom in the manner
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
fhn firms WnE or n fha Snnn
| of Baltimore City, relieved therefrom. and John
Emory Weatherby, by order of said Court substituted
That said Weatherby, after giving bond, ms re-
9uird by tie order Of said Court took control Of all
| the Trust property.
| Circuit Court for Baltimore City, and the said
| Weatherby believing himself to be possessed of the
power to sell any part of the Trust property in full
| and ample manner as the said Jerome was author
lied by said will applied by petition to the said Cir
cult Court for Baltimore city to sell certain lot Of
ground and premises at the southwest corner of Pop
| pleton and Boyd streets in said city. and
did by virtue Of a decreee or order of said
| ses to Michael Anthony Frederick, for the sum Of
$2l.75 That said Jerome in filing his said bill Of com
omitted to make the parties interested in remainder
under said will who entitled to the Trust Estate
after the death of the said Mary Ann Debruer (noW
Wegtherby,) upon the various contingencies in saiC
| will mentioned parties to said cause.
That the said Mary Ann Debruler NOV Weatherby,
whose the rest of the Trust Estate devised
| intermarried with the said John Emory Weatherby
and shortly afterwards arrived at the age of q years
That the said John, Emory Weatherby and Mary AM
reside in the city of Baltimore and State Of Maryland
| That thes aid Benjamin Waskey intermarried witt
Saran fioiiis iIivT WaSkey and together with theil
children named in the BILL also reside in the City anC
| State aforesaid.
That Elizabeth Debruler, the daughter of the said
testators brother, Micajah Debruler, intermarrieC
with Theodore Middleton, and together with thei
children named in the bill, reside in Anne Arunde
county in the State of Maryland. That the complain
1 nj do mr. hath H.
ter Of said testator, BENJAMIN Debruler mentioned
in his will, and who was by the said testator sup
posed to be then residing in Belmont county Ohio
| is living or dead, married or single, or whether
she she has any children or left any heirs persona
residence but they aver that Re Rde fr ar PaGes
horn, as also her children heirs personal repre-
! the limits of the State OF Maryland
| That the said John Emory Weatherby has since the
sale made by him to said Michael Anthony Frederick
endeavOred to dispose Of othet portions of the said
trust property. but has been unable to effect sale o.
the same by reason of the doubts expressed to his
authority under the powers, conferred in said will
and as the trustee substituted in the place of the sad
Jerome to make sale OF or to give valid title fol
| any part thereof. That he has purchased q piece Of
property mentioned in the BILL which is designed fol
the benefit of the Trust Estate, and considered by him
an investment for that purpose, and that he has ap-
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 be necessary
for him to 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 deserib
ed in the bill is desirable investment for the said
estate and for the interest Of all parties interested
| therein.
| That the sale SO made by him to said Mchae
| Anthony Frederick, is advantageous one for
all the parties interested and hatit would be to Their
interest that the same should be confirmed by this
| Court.
That it would be to the advantage of all parties in
terested in the Trust Estate that all of the
respective portions of the Trust property should be
sold, and the proceeds applied to the payment of the
piece Of property described in the bill. That the
said Jerome died shortly after the substitution OF
said Weaherby as Trustee in his place, having first
made his will That said will contained no resduary
made Of the Trust Estate Of said DebruleT That he
made Henrietta Jerome, Walter Dyer and Samuel
| {. Ridgway, her Executors. That Samuel C. Ridg-
| way declined the appointment, and letters tesla
me1tary were committed to Henrietta Jerome and
| That said Jerome left several children, of whom
John Hanson Thomas Jerome the son is heir at
mon law, and in the said ohm Emory Weather
by was not validity substituted Trustee in the place
Of said John Ii. 7. jerome, deceqsed the Trust has
deYoyed upon the said Jerome, the son. SO far as the
was Unbeatable fee simple property and upon
the said Henrietta jerome and Walter Dyer. Execu-
tors so far as the said Trust Estate consisted of per-
! sonal property.
That the complainants are advised that doubts are
entertained as to the true construction of said will
especially with reference to the powers and auhor
ties given to the said Jerome, to make sale of the
Trust property or any part thereof whether the same
was limi cd to the said jerome personally, or the
powers conferred upon any successor in the
Trust and that doubts have also arisen VIII ether
the complainant, John Emory Weatherby, was pro-
perly substituted as Trustee in lieu of said Jerome
aid also whether the sale made and conveyance exc
cuted by the said Weatherby Trustee is valid and
ehectuai to pass title to the said purchaser.
The bill then prays for construction of the will of
the said benjamin Debruer deceased, and that the
substitution Of the said ohm Emory Weatherby may
be ratified or confirmed that he be substituted
as trustee, 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 his be
authorized and directed to make sale Of some or all
OF the respective portions of the Trust property here
lnbetore described. And also that the investment in
the dwelling house be ratified and confirmed and he
be authorized to complete the and for further
rellet. And then prays that Subpenas may issue
against the parties to the said cause, who are resi-
dents OF the State of Maryland, and for order of
puolcaton against those who non residents and
unknown defendants.
IL is thereupon ordered and adjudged this 4th
day Of December, 1865, that the complainants,
by causing copy of this Order to be inserted in some
daily newspaper, published in Baltimore city once
IN each offour successive weeks before the fourth day
OF anuary 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 1866
to answer the premises and show cause if any, they
or either OF them have why decree ought not to
pass as prayed. WIN, ALEXANDER
True copy:-Test:
SAMUEL NJ. EVANS, Clerk.
EDWD. ISRAEL.