Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1865-12-14
IN THE CIRCUIT CoURV OF RAyrT

|
| VIM B. HILL
| "e'--l"z" Secretary of State.
IN THE CIRCUIT COURT OF RAvVT
IL MORE CITY, November Term, 1s65-Jobn I'm
Dry Weatherby and Mary Ann Weatherby his wife.
The object of this bill is to obtain a decree con
ttrlnlng or appointing John Emory Weatherby Trus-
Peniap place OF John d. l. Jerome, under the will of
ESQ 70 OBTAIN construction ofthe will ofsaid Ben
!hhmin Debruier as to the powers of the Trustee
tam property made BY said John Emory Wcatherby
as Trustee to Michael Anthony Frederick Also, to
authorize the SAID John Emory Weatherby to make
sale Of certain Ground Rents or Annuities. and
certain piece of Property mentioned in the bill and
herenaiter described and also for the investment of
The substance is that said Benjamin nebruler was
selzed ana possessed of large amount of property
among which was the following property, to be at
tected by this bill. to wit:
ground q nd rent of $50 described in deed from
1863, and recorded in Liber L. d. No 30 folio lSS &c
Also one Of $3.50, described in deed from jam;
and recorded in E. ' D. No. So.f s. f oo % ct july
Also, one OF S25, secondly described in deed from
James c. Bell and wife to him dated the 25th Of
4l6. &c. D'' we H. io''
Also, one of s3i, described in deed from Arch
bald X Lee and wife TO him, dated Sth Of August.
1872 and recorded in T X, No. 49,, folio 1856 &C.
o AisS 9 two Of s6O each respectively described
| OF :NoYember 1919, and recorded in e. D., No. %
Also two ofS30 and the other of3l5 respectively
| described IN deed from James G. Bell to him dated
Sth Of March, 1911, and recorded in I. h.. No 306,
cAlSo three several Ground Rents. one of S2I, one
o. ~ }Ii.W and one Of S2l, respectively described
In deed from James c. Bell to him. dated 18th Feb
ruary lSil and recorded in L. H. No. $3s folio 1885,
Also one Of $2S, secondly described in deed from
James Bell and wife to him, dated DIST of August,
1851, and recorded in A. W. b.. No. i6i folio 90 &c
Also Lot E p Of Ground and premises, situate the
west SIDE OF POppctOn street, in said city the dis
tnce of 10 feet souhery from the southwest corner
Of Popplet9n and Boyd streets fronting II feet on
the west side Of PoPpleton street, with depth of Is
inches wide, being !, part of the ground
recorded in B. No 255 folio S ST. ST. and 1ft the
other in l. X. No. $50, folio 2O3, &c.
That being SO seized and possessed, he made his
will on the I'D June, 1853 and afterwards 10 wit: on
That by his said will he devised to Corleia Was
key, for llte certain ground-rent payable out of
the lot of ground secondly described in said deed re-
corded in a. W. B., No 46i, folio 300 &c, and here
the year 1859, died, whereby the said rent became
part of the residue Of the said esators estate That
by his said Will ne devised all his estate and property
| unto John IL. 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 take and en-
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 children she might
| have; and that case Of the death OF his said
daughter without leaving child children or de-
scendants OF the same living at the time other death
| 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 Bena
min Waskey, their heirs, executors, administrators
and assigns forever That the other halthereofshoud
become the property of the children Of his SIS
| Belmont county, Ohio, and the daughter of his
| brother, Mcajah Debrulcr, their heirs executors
administrators and assigns forever. That said John
II: I. Jerome was appointed Executor and Trustee of
SAID Will, with power, among other things TO sell
and dispose OF whenever III his opinion sale 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 thercfrom 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
sequently fully settled his accounts rs Excru7nr or
said estate ana being DESTROYS of being relieved from
the trust, was on application to the Superior Court
| Of BALTIMORE City, relieved therefrom. and John
Emory Weatherby by order OF said Court substituted
That said Wcathcrby, after giving bond, as re-
aurGd oy the order OF said Court took control all
| That afterwards said cause was removed to the
| Circuit Court Tor Baltimore City, and tho said
Weatherby believing himself to be possessed of the
power to sell any part of the Trust property in as full
! and ample manner as the said Jerome was author
Ze by SAID Will applied by petition to the said Cir
ground and premises at the southwest corner of Pop
| pleton and Boyd streets in said city, and
| did by virtue of a decree or order Of said
Court sell one of the said lots of ground and premi-
! ses to Michael Anthony Frederick for the sum Of
S2l:55 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 Debruer NOW Weatherby)
whose use the rest of the Trust Estate devised
| intermarred with the said John Emory Weatherby
and shortly afterwards arrived at the 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 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 i'll the City and
State aforesaid.
That Elizabeth Debruer, the daughter of the said
testatGrS brother, MlcaJah Debruer, intermarried
children named in the bill reside in Anne Arundel
county, in theState of Maryland. That the complain
ants do not know whether Francis Ilathhorn the sis
ter Of said testator, BENJAMIN Dcbrulcr mentioned
in his will. and who was by the said tcstator sup
| posed to be then residing in Belmont county Ohio
| is living or dead married single, or whether
she has any children or left any heirs or personal
representatives. nor their names ages or places of
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 his
authority under the powers conferred in said will
and as 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 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
perty made by him aforesaid to Michael Anthony
Frederick part payment therefor, but the said pro-
ceeds are insufficient and that it will be
Tor him to make sale OF some or all of the respective
portions OF said trust property IN order to for the
| same.
That the purchase of the piece of property descrb
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 advantageous one for
all the parties interested, and thatt 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
| 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 as Trustee in his place having first
| made his will. That said will contained no resduary
| clause, and no disposition whatever thereby
made Of the Trust Estate Of said DebruIer. That he
| C. Rdgway, her Executors. That Samuel C. Ridg-
| way declined the appointment, and letters tesla
| mentary were committed to Henrietta jerome and
| 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 validity substituted Trustee in the place
Of said John ii. I. Jerome (deceased the Trust has
devolyed upon the said Jerome, the far the
same was Unbeatable fec simple property and upon
the said Henrietta Jerome and Walter Dyer Execu-
tors so far as the said Trust Estate consisted of
| sOnal property.
That the complanants are advised that doubts arc
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 same
| was limited to the said Jerome personally, or the
same powers conferred upon any successor in the
Trust and that doubts have also arisen as to whether
| the complainant, John Emory Weatherby, was pro-
perly substituted Trustee in lieu of said Jerome
and also whether the sale made and conveyance exc
cuted by the said Weatherby Trustee valid and
| efectual 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 ohm Emory Weatherby may
be ratified 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 made by him to the said Michael Anthony
Frederick, be ratified and conrmed also that he be
authorized and directed make sale of some or all
of the respective portions of the Trust property here
inbefore described. And also that the investment in
she dwelling house be ratified and confirmed and he
be authorized to complete the same 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 non residents and
| unknown defendants.
1t is thereupon ordered and adjudged, thi. 4th
| day of December, 1865, that the compliments,
by causing copy of this Order to be inserted in some
daily newspaper, published in Baltimore city, once
in each otour 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