Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1865-12-21
LEGAL NOTICES.

I'm THE CIRCUIT COURT OF BALTI-
IL MORE CITY, November Term, 1S65-John En-
DRY Weatherby and Mary Ann Weatherby his wife,
and others, vs. Benjamin F. Middleton and others.
The object of this bill is to obtain decree con
hrmng or appointing John Emory Weatherby Trus-
Tee IN place Of John H. I. Jerome under the will of
Benjamin Debruler, late of Baltimore city deceased
Also, to obtain construction of the will Of said Ben
lamin pebruer as to the powers of the Trustee
tain property made by said John Emory Weatherby
as Trustee to Michael Anthony Frederick Also to
sale of certain Ground Rents or 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.
tected by this bill, to wit:
A ground rent of $50, described in deed from
James c. Bell and wife to him, dated 10th February
1863, and recorded in Lber E. D. No go folio 1856 &C.
Also, one of $3.50, described in deed from James
Co. Bell and wife to him dated the 7th Of July,
Also, one of $40, secondly described in deed from
James Z. Bell and wife to him, dated the 18th of
4l6. &C.
Also, one of $34 described in deed from Archi-
bald r. Lee and wife to him, dated 9h of August.
Also, two of $50. each respectively described in
deed from George R. Rttenhouse to him, dated 18th
Of November, 1885, and recorded in E. D., No SO.
folio sos, &c.
Also two, and the other ofS5 respectively
described in deed from James G: Bell to him. dated
Sth of March, 1871 and recorded in T. K, No. 306,
folio 245, &c.
Also, three several Ground Rents, one of SCI, one
OF SO 5OO and of S24, respectively described
IN deed from James C. Bell to him. dated 18th Feb
ruary 1884, and recorded in T. K, No $685. folio 49,
Also, one of S2S, secondly described in deed from
James T. Bell and wife to him. dated 2lst of August
1851, and recorded in A: W. B.. No. 464 folio 299 &C.
Also, Lot of Ground and premises, situate on the
west side Of Poppeton street. in said city, at the dis
lance of l6 feet sGuthery from the southwest corner
of Poppeton and Boyd streets, fronting IA feet on
the west side of PoppletOn street. with depth IL
feet s, inches to the west side of an alley feet
conveyed to said Debruler by two several deeds,
one recordedin A. ". b. No. 265. folio 32l; and the
! other in T. X. No. 359, folio zO5, &c.
That being seized and pos -essed he made his
the 10th March, 1857, died.
That by his said will he devised to COrdea Was
the lot of ground secondly described in said deed re-
corded in A. w. B., No 464, folio 299 &C.. and here
nbetore referred to, who subsequently, time in
the year 1859, died, whereby the said rent became
part of the residue of the said testators estate That
by his said will he devised all his estate and property
unto John Ii. I. jerome, now deceased, in trust,
among other things, that after his daughter Mary
Ann Debruler, attained the of q years she should
be permitted during her natural life to take and en-
JOY the whole estate and income thereof for her own
USE and that after her death said estate should be-
have; and that in case of the death of his said
daug liter without leaving q child or children or de-
scendants of the same living at the time of her DEATH
daughter, then in Trust that onehalf of his estate
should become the property of the children of Benja
min Waskey their heirs, executors, administrators
and assigns forever That the other
become the property OF the children of his sis
ter; Francis Hathhcrn, supposed to reside in
belmont county, Ohio. and the daughter of his
brother, Micajah Debruler, their heirs executors
administrators and assigns forever. That said John
ii. l. Jerome was appointed Executor and Trustee of
sand Will with power, among other things, to sell
and dispose of whenever, in his opinion, sale of the
same would conduce to the benefit of those interest
ed therein any part parts of his estate and to re-
invest the proceeds arising thereirOm 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
the trust, was, application to the Superior Court
OF Baltimore City, relieved therefrom. and John
Emory Weatherby by order of said Court substituted
That said Weatherby, after giving bond. as re-
CURED by the order of said Court took control of all
That afterwards said cause was removed to the
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 as full
and ample a 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
Court sell of the said lots of ground and prem
ses to Michael Anthony Frederick, for the sum of
sd 49, That said Jerome in filing his said bill of com
omitted to make the parties interested in remainder
under said will who were entitled to the Trust Estate
Weatherby) upon the various contingencies in said
will mentioned parties to said cause.
That the said Mary Ann Debruler NOW Weatherby)
to whose the rest of the Trust Estate was devised
intermarred with the said John Emory Weatherby
and shortly afterwards arrived at the of q years
Weatherby, with their children named in the bill
reside in the city of Baltimore and State of Maryland
That thes aid Benjamin Waskey intermarried with
Sarah Hollis (now Waskey) and together with their
children named in the BILL also reside in the City and
hot IL =, D.,
testators brother Micajah Debruler, intermarred
with Theodore Middleton, and together with their
children named in the BILL reside in Anne Arundel
ants do not know whether Francis Hathhorn the Sis
ter of said testator, Benjamin Debruler, mentioned
posed to be then residing in Belmont county Ohio,
Is living or dead married or single or whether
representatives. their names, ages or places of
residence but they aver that the said Francis Hath
horn, as also her children heirs personal repre-
sentatiyes (if any, are now residents living beyond
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 other portions of the said
trust property but has been unable to effect sale of
the same by reason Of the doubts expressed as to his
authority under the powers conferred in said will
and the trustee substituted in the place of the said
Jerome to make sale Of or to give valid title for
any part thereof That he has purchased n ices Of
property mentioned in the Ill., which is designed for
the benefit Of The Trust Estate and considered by him
investment for that purpose, and that he has an
piled the proceeds arising from the sale of the prn
perry made by him as aforesaid to Michael Anthony
Frederick part payment therefor, but the said pro-
ceeds are insufficient aud that 1t 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 describ
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 Michae
Anthony Frederick, is an advantageous one for
an the parties interested and that would be their
q mo GITtl1 I.nI Al.
Court.
That it 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
piece CT property described in The bill. That the
SAID Jerome died shortly after the substitution of
SAID Weahsrby as Trustee in his place, having first
clause, and no disposition whatever was thereby
made Of the Trust Estate of said Dcbruler That he
made Henrietta Jerome Walter DYER and Samuel
C. Ridgway, her Executors That samuel G. RID
way declined the appointment, and letters tesla
mLnIentary were committed to Henrietta jerome ana
That said Jerome left several children, of whom
John Hanson Thomas jerome, the son is heir at com
mon law and IN case the said John Emory Weather
by was not valIdy substituted Trustee in the place
OF said John ii, /. Jerome deceased the Trust has
deyoved upon the said Jerome the SON. so far as the
same was unbeatable as fee simple property and upon
the said Henrietta Jerome and Walter Dyer Execu-
tors so far 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 authori
ties given to the said Jerome to make sale of the
trust property or any part thereof whether the same
was limited to the said jerome personally, or the
same powers are conferred upon any successor in the
trust and that doubts have also arisen as whether
the complainant John Emory Weatherhy, was nro-
perry substituted as Trustee n lieu Of said Jerome
and also neither the sale made and conveyance exc
cgted by the said Weatherby, as Trustee is valid and
eheetual to pass title to the said purchaser
The bill then prays for construction of the will of
the said Benjamin Debruler deceased, and that the
substitution of the said John Emory Weatherby NAV
be ratified or confirmed that he be now substituted
as trustee, and his powers and authorities as such
defined and determined by this Court Also, that
the sale so made by him TO the said Michael Anthony
Frederick, be ratified and confirmed also that he be
authorized and directed to make sale of some or ali
OF the respective portions of the Trust property here
inbefore described. And also that the investment in
the dwelling house be ratified and confirmed and he
be authorized to complete the and for further
relief. 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 an order of
publication against those who are non residents and
unknown defendants.
1t is is thereup9n ordered and adjudged, this 4th
DAY OF December, 1865, that the complainants,
by causing copy of this Order to benserted in some