The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1884-07-26


The object of this bill is to obtain 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 en-
titled thereto under the said will.
The complainauts are Oliver C. Zell, Grace Zell, |
his wife, George A. Zel, Robert r. Zell, Mary |
Zell, his wife, Charles c. Crane, Maria Virginia |
Crane, his wife, Henry s. Zell, Catharne Zell, his
wife, Wilson r. Troxell, 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 Troxell, 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 complainants, having died since the filing of
the billy
The bill states that the said Peter Hause died
in the year eighteen hundred and fifty eight,
seized, among other real estate Of farm 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 a deduction Of three
thousand dollars advanced by the testator in his
lifetime to his deceased son, Oliver Perry Hause,
was devised to the testator's grandson, Oliver
Perry Hause, (son of testator's said son, Oliver
Perry provided that if the testatOrs estate should
not yield more than three thousand dollars 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 a deduction of six hundred dollars,
previously advanced by the testator to said Peter
Zel; 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
testator devised to Peter Zel 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 one 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 zone 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.
T 81, II 9TH pnf
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 Troxell, 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. Troxe
(called in the will Thomas TroxalD, 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 go to the other devisees under
the will, share and share alike, subject to the
limitations and restrictions as 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. Troxell
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 Ba@tCrs County, That
Peter Zall declined to execute the trusts of the
viii to the share of the estate devised in trust
for the children of John II. 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 Troxel, and
Thomas F. Troxell, by decree of said court, was
appointed trustee in his place. That Thomas F.
Troxel afterwards died and Wilson R. Troxell,
one of the complainants, 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 ap-
pointed by the said court trustee as to the share
devised to the said Anna Maria Zell 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:
Maria Hause, Mary Kuhn, wife of Robert Kuhn,
and Daniel Hause. That Peter Hause, another
child of the said George Washington Hause, died
under the age of twenty one years, unmarried, in
testate and without issue. That the children of
the said John II. Hause, called in the will John
Hause, were Edwin W. Hause Thomas T. 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 one years, intestate,
married and without issue, Anne Hause, Mary
Hause, Estelle Hause and Lee Hause, the three
last named of whom infants. That the chill
dren of the said Peter Alexander Hause, son of
the testator, are William L. Hause, Ross W. Hause
Mary Hause, Fanny Hause and Naomi Hause;
and Frank Hause, another son of the said Peter
Alexander Hause has died since the death of the
testator, under the age of twenty-one 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 jan
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 Troxel 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 un-
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 a. Ls--I --I lolials was invested Dy the sara
Thomas 4. 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 her 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