Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1865-12-05
BALTIMORE DAILY OBSERVATION-DISCLOSURES DECEMBER s. 1865
LEGAL NOTICES.


and Others vs. Benjamin F. Middleton and others
rmeS Sr Of aS S Is e OBTAIN decree CON
Tee in place of John H. T. Jerome. under the will Of
BENJAMIN Debruer late of Baltimore city. deceased
Also to obtain construction of the will of said Ben
Iahinin 1ebruler as to the powers of the Trustee
hereunder; Also, to have confirmed sale of GER
Trustee to Michael Anthony Frederick Also. to
authorize the said John Emory Weatherby to make
SAFE o. 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
selzed and possessed of large amount of property
among which was the following property to be af.
fected by this BILL to wit:
ground rent of $50, described in a deed from
James u Bell and wife to him. dated 10Th February
looS ana recorded in Iber Z. d. No. 80 folio 1885, &C.
Also one Of $3.50 described in deed from James
1852 and recorded in E. D.. No L. folio 70, &c.
Also, one of S26, secondly described in deed from
James g. Bell and wife to him, dated the 18th Of
4l6. &C. anu i'''4''" Ill L. d. NO. It, iolo
Also, one of 1884, described in a deed from Arcbi-
lS43, and recorded in T K, No 1872 folio 1885, &c,
Also. two OF 500 each respectively described in
uee9 from george H. Rlttenhouse to him. dated 18th
o. NeVemoer, 1885, and recorded in L. D., No 50,
Also two one ofS30 and the other ofS respectively
described IN deed from James c. Bell to him dated
stn OF March, ISL, and recorded in T. H. No. 3O6,
Also, three several Ground Rents, one of 81, one
Of so 5,l0O and of S24, respectively described
IN deed from James c. Bell to him, dated 18th Feb
ruary 1914, and recorded in 7. H. No. 33S. folio 49,
Also, one Of S2S secondly described in deed from
lanes e Bell and wife to him. dated 2lst of August
iS3l and recorded in A. W. B.. No. 464 folio 800 &C.
Also a Lot Of Ground and premises, situate on the
west slqe OF Poppeton street. in said city, the dis
Ia OF 10 ieet s9uthery from the southwest corner
the west side of Poppleton street. with depth of Is
feef rSb inches to the west side of alley feet
conveyed to said Debruler by two several deeds
one recorded in A. W B., No 265. folio ST. and G the
other in I. K No. S39, folio zO3, &c
That being so seized and pos essed he made his
WI on the I'd June 1853 and afterwards, to wit on
hey, Ior me- certain ground rent, payable out of
the lot Of ground secondly described in said deed re-
inbefore referred TO- who subsequently, some time in
the year 1899, died, whereby the said rent became
part OF me residue OF the said tesaors estate That
unto John Ii. I. Jerome, now deceased in trust
among other things, that after his daughter, Mary
Ann Debruer 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-
come the property of any child or children she might
have, and that in case of the death of his said
daughter without leaving child or children, or de-
scendants OF the same living at the time of her death
or upon failure of issue the part of his said
daughter, then in Trust, that of his estate
min Waskey, their heirs executors, administrators
and assigns forever. That the other
become lne properly OF the cnllQren OF his Sis
ter, Francis Hathhorn. supposed to reside in
Belmont county, Ohio, and the daughter of his
brother, Micajah Debruler, their 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 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 re-
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
said estate and being DESTROYS of being relieved from
the trust was, application to the Superior Court
of Baltimore City, relieved theretrom. and John
Emory Weaherby, by order of said Court substituted
in his place.
That said Weatherby, after giving bond, as re-
qured by the order of 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
Weatherby believing himself to be possessed of the
power to sell part of the Trust property in as full
and ample manner as the said Jerome was author
lied 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 of the said lots of ground and prem
ses to Michael Anthony Frederick, for the sum of
S275 That said Jerome in filing his said bill of com
plant or petition IN the Superior Court aforesaid
omitted to make the parties interested in remainder
under said will who were entitled to the Trust Estate
after the death of the said Mary Ann Debruer NOV
Weatherby) upon the various contingencies in said
will mentioned parties to said cause.
Weatlerby. J
to whose use the rest of the Trust Estate was devised
intermarried 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
Sarah Hollis (now Waskey) and together with their
children named in the BILL also reside i'll the City and
State aforesaid.
That Elizabeth Debruler, the daughter of the said
testators brother, Micajah Debruler, intermarried
with Theodore Middleton, and together with their
county, in the State of Maryland That the complain
ants do not know whether Francis Hathhorn the sis
tel, Of said testator BENJAMIN Debruler mentioned
posed @ Boim saf co ssGr o ShGo
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
residences but they that the said Francis Hath
horn, as also her children, heirs personal repre-
sentatiyes Gf any, are now residents living beyond
the e, limits of the State Of Maryland.
That the said John Emory Weatherby has since the
sale made by him to said Mic hael Anthony Frederick
endeavored to dispose of other portions of the said
trust property, but has been unable to effect sale of
the by of the doubts expressed as TO his
authority under the powers conferred in said will
Jerome tG make sale of or to give valid title for
any part thereof That he has purchased a piece of
property mentioned in the bill, which is designed for
an investment for that purpose and that he has ap
piled the proceeds arising from the sale of the pro
Frederick part payment therefor but the said nrn
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 describ
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 advantageous one for
all the parties interested and that would be to their
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
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 eatherby as Trustee in his place. having first
made his will That said will contained no residuary
clause and md no disposition whatever was thereby
made Henrietta jerome, Walter Dyer and Samuel
c. Ridgway, her Executors. That Samuel c. Ridg-
mentary were committed to Henrietta Jerome and
Walter Dyer
That said Jerome left several children, of whom
John Hanson Thomas jerome. the is heir at COM
mon law, and in case the said John Emory Weather
by was not VaIdly substituted Trustee in the place
OF said John H. T. Jerome, (deceasedD thu Trust has
deVolved upon the said Jerome the son. so far as the
same Unbeatable fee simple property and upon
the said Henrietta Jerome and Walter Dyer Execu-
sonal property.
That the complainants are advised that doubts are
espec tally 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 limi ed to the said jerome personally or the
same powers are conferred upon any successor in the
Trust and that doubts have also arisen as to
the complai nant John Emory Weatherby, was pro-
pery substituted as Trustee in lieu of said Jerome
and also whether the sale made and conveyance exc
cuted by the said Weatherby, Trustee is 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 John Emory Weatherby may
be ratified or confirmed or 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 he
authorized and directed to make sale of some or ali
of the respective portions of the Trust property here
nbefOre described. And also that the investment in
the dwelling house be ratified and confirmed and he
be authorized to complete the same and for further
rehet. And then prays that Subpmnas 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
unknoW defendants
, 1t is thereupon ordered and adjudged, this 4th
day OF December, 1865, that the compliments,
9y 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 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 1866
TO answer the premises and show cause if any, thew