The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1884-08-09

The object OF this bill Is to obtain a sale OF all
the lands which were devised by the last will of
Peter Hause, of Baltimore county, deceased to his
wife, Maria Hause, during her life, and division
of the proceeds of such sale among the persons
titled thereto under the said will.
The complainants are Oliver c. Zell Grace Zell,
his wife, George A. Zell, Robert r. ZelI, Mary
Zell, his wife, Charles C. Crane, Maria Virginia
Crane his wife, Henry S. Zell, Catharine Ze, his
wife, Wilson r. TroxelI, James Armitage. Sarah
Rebecca Armitage, his wife, Maria Hause, Robert
Kuhn, Mary Kuhn, his wife, William L. Hause,
Mary Hause, Fanny Hause, Naomi Hause and
Mary Troxel, an infant under the age of twenty
one years, by Wilson r. Troxell, her next friend,
Naomi Troxell and Fanny Zell, two Of the origi-
nal compliments, having died since the filing of
the billy
The bill states that the said Peter Hause died
in the year eighteen hundred and fty-eight,
seized, among other real estate, Of a farm on which
he resided, situated in Baltimore county, about
seven and half miles from Baltimore city on the
Frederick turnpike road; that by his last will,
dated the 4th day of June, 1855, executed in
manner to pass real estate and duly proved after
his death in the Orphans Court of Baltimore coun-
ty, the said Peter Hause devised the said farm to-
gether with the household furniture, farming
utensils, &C., thereon, to his wife, Maria Hause
during her life; that he directed certain other
lands in Baltimore county to be sold by his ex-
ecutors and the proceeds of said sales, with all
other property he might die possessed of, to be
divided in the following manner, viz: One equal
portion thereof, subject to deduction of three
thousand dollars advanced by the testator in his
lifetime to his deceased SON, oliver Pofry E1o~se,
was devised to the testator's grandson, Oliver
perr Hanse son Of testators said son, Oliver
not yield more than three thousand dollars as the
share of said Oliver Perry Hause whereby the
testator's said grandson would get nothing, the
executors should in such case invest for him five
hundred dollars at interest until he arrived at the
age of twenty one years; and one equal portion
of his estate the testator devised to Thomas F.
Troxell, by the name Of Thomas Troxall, in trust
for testator's daughter, Anna Maria Zell, wife of
Peter Zell, for her sole and separate use during
her fe and after her death in trust for the bene-
fit of her children, the said sum, however, to be
subject to deduction of six hundred dollars,
previously advanced by the testator to said Peter
Zell and one other portion of his estate the tes-
tator devised to his son, George Washington Hause,
after deducting three hundred dollars advanced to
him; and one other equal portion Of his estate the
estator devised to Peter Ze in trust for the ben
eft of the children of the testator's son, John
Hause, until they should severally arrive at the
age of twenty one years, after deducting there
from three hundred dollars advanced by the tes-
tator to their father and one other equal portion
of his estate the testator devised to his son. Ben
jamin Franklin Hause, after deducting three
thousand dollars advanced to him by the testator
and other equal portion of his estate the tes-
tator devised to Peter Zel in trust for the benefit
of the children of the testators son. Peter Alexan
der Hause, until they severally attain the age of
twenty lone years, after deducting therefrom the
sum of eleven hundred and seventy-fve dollars
and fifty cents advanced to said Peter Alexander
| Hause by the testator; and one other equal por-
ton of his estate the testator devised to his SON.,
Lafayette Hause; and one other equal portion of
his estate the testator devised to his daughter,
Mary Elizabeth Hause; and one other equal por-
ton of his estate the testator devised to Peter
Zell in trust for the benefit of the testator's
daughter, Naomi Troxel, for her sole and sepa-
rate use and after her death for the benefit of her
children; and the remaining equal portion of his
estate the testator devised to Thomas F. Troxell
(caled in the will Thomas Troxall), in trust for
his daughter, Sarah Rebecca zone of the complain
ants), wife of the complainant, DR.. James Armi-
tage, for her sole and separate use, and after her
death to her children, but if she should leave no
children, then to 60 to the other devisees under
| the WILL share and share alike, subject to the
limitations and restrictions thereinbefore men,
toned And that in the said will the testator
further provided that after the death of his wife
Maria Hause, all the property devised to her was
to go to the devsees under his WILL subject to the
same limitations, share and share alike. That
| the testator appointed the said Thomas F. Troxe
and Lafayette Hause the executors of said will
| That Lafayette Hause renowned the executorship
the duties whereof devolved wholly on the said
Thomas F. Troxell, who performed the same and
sold the real estate and other property directed by
the will to be sold, and distributed all the pro-
the Orphans Court of Baltimore county. That
Peter Zell declined to execute the trusts of the
will to the share of the estate devised in trust
for the children of John H. Hause, and it is
charged that John H. Hause, called in the will
John Hause, was appointed trustee thereof in his
place by decree of the Circuit Court for Baltimore
county. That Peter Zell declined the said trusts
as to the share of the said Naomi Troxell, and
Thomas F. Troxell, by decree of said court, was
appointed trustee in his place. That Thomas F.
Troxell afterwards died and Wilson R. Troxell,
one of the compliments, was, by decree of said
court, appointed trustee in his place, both as to
the share devised in trust for said Naomi Troxell
and the share devised in trust for said Sarah Re-
becca Armitage, and after her death for her chill
dren and it is charged that Peter Zell was APP
pointed by the said court trustee as to the share
devised to the said Anna Maria Zel and her
children. That the said Anna Maria Zell, daugh-
ter of the testator died after him, leaving the fol-
lowing children: Oliver C. Zell, George A. Zell,
James A. Zell, Robert r. Zell, Maria Virginia
Crane, wife of Charles C. Crane, and Henry S.
Zell. That George Washington Hause, son of the
testator, has died, leaving the following children
and Daniel Hause. That Peter Hause, another
child of the said George Washington Hause, died
under the age of twenty years, unmarried, in
testate and without issue. That the children of
the said John H. Hause called in the will John
Hause were Edwin W. Hause, Thomas 7. Hause
Naomi McClery, wife of Edward McClery, (who
died several years ago leaving her said husband
and one child, Edward McClery, Junior, an in
FAINT, her surviving,) Philip Hause, who has died
under the age of twenty years, intestate, IN
married and without issue, Anne Hause, Mary
Hause, Estelle Hause and Lee Hause, the three
last named of whom are infants. That the chill
dren of the said Peter Alexander Hause, a son of
the testator, are William L. Hause, Ross W. Hause
Mary Hause, Fanny Hause and Naomi Hause I;
and Frank Hause, another son of the said Peter
Alexander Hause, has died since the death of the
testator, under the age of twenty years. with
out issue, unmarried and intestate. That the said
Lafayette Hause, son of the testator, has died
since his death without issue. That the said Mary
Elizabeth Hause, on or about the Both day of JAM
uary, A. d. 1873, assigned all her interest and
share in the said farm and property devised to
the testator's widow for life, to Sarah Rebecca
Armitage, one of the compliments, and that the
said Mary Elizabeth Hause has since died. That
the children of Naomi Troxell are Wilson R.
Troxell and Mary Troxell (complainants); and
that Franklin K Troxell, another son of the said
Naomi Troxell, died on the tenth day of Deem
Der, A. d. 1877, without issue, intestate and I'M
married.
And the bill charges that the entire share of
Oliver Perry Hause in the whole estate of the tes
tator, does not and will not amount in value to
three thousand dollars, the sum advanced to him
by the testator in his lifetime; and that the sum
of five hundred dollars was invested by the said
Thomas F. Troxell, executor, for the said Oliver
pursuant to said will and that the share of the
said Benjamin Franklin Hause in the estate of
the testator is also less than the sum of three
thousand dollars advanced to him by the testator
in his lifetime. And the bill further states that
Maria Hause, the widow of the said testator, has
lately died, and the complainants allege that the
said lands, which were devised to Der during her
life cannot be divided without loss and injury to
the parties interested therein, and that a sale
thereof is necessary for the purpose of partition
and division among the persons entitled to share
therein under the said will as therein provided.
And the bill prays that sale may be decreed of
all the lands devised in and by the last will of
Peter Hause to his wife, Maria Hause, during her
life, and division decreed to be made of the
money arising from such sale among the parties
entitled thereto under the last will of the said
Peter Hause according to their respective rights;
or in case it should appear to the court that the
said lands can be divided without loss or injury
to the parties interested, that then a partition