Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1890-12-05


under said last will of Mahlon Chand-
lee, defendants.
The oejrei 81 the Bill in the above entitled
case is 10 procure a decree for the sale of GER
tain real estate situated, lying and being in
Montgomery county, IN the State of Mary
land
The Bill alleges that in fine year 1893
Elizabeth Ellcott wife OF George Ellicott,
was seized and possessed in fee simple OF sew
eral large tracts of land situated and lying
in Montgomery county, ia the State OF Marv-
land.
That by deed dated the 18th day of October,
in the year 1893, the said Elizabeth Ellicott
and George EIlicott, her husband, conveyed
certain land to a certain John Ellicott, Trus-
lees, upon the following trusts:
Gin trust that Said property should be held
and enjoyed by said Elizabeth Ellicott and
George Ellicoit until Hannah Chandlee and
Mahlon Chandlee, children and hers-at-law
OF Deborah Chandlee, should attain the age
OF twenty-one years, and upon their arrival
at age in further trust that the said Hannah
and Mahlou Chandlee, and the survivor OF
them during their natural lives should hold
and enjoy the said lands in said deed limited
and assured to said trustees for their
benefit including the old Mill tract property
fully described in said deed, SAID Mill tract
was to be held by the said Trustee for the
use OF the said Hannah Chandlee for and dur
ing her natural life, aud upon further trust
that on The death OF the said Hannah and
Mahlon Chandlee and the survivor of them,
the lawful issue of the said Hannah and NAH
Ion and their heirs forever should hold, oc-
cupy, possess and enjoy the said lands in the
proportion following, that is say
One moiely or half part thereof 10 the law
full iscue OF the said Hannah and their
heirs forever equally to be divided between
them, including the old mill seat as above
limited TO the said Hannah, and the remain
ing moiety or half part thereof to the lawful
issue of the said Mahlou and their heirs for
ever to be equally divided between them.
That said deed contained a proviso that all
the provisions thereof should be void unless
said Hannah and Mahlon and the survivor of
them, or their heirs, should release 10 said
Eliza ElIicoit and her heirs by a s.flicient
deed oi conveyance all their right and claim
to the land reserved in said deed to the said
Elizabeth Ellicolt.
That saiu Hannah and Mablon entered into
possession OF the land conveyed as aforesaid
in trust for them and they and their issue
have occupied the same ever since.
That under said deed the said Eliza Eli
colt had an interest in the whole of said
properi v mail the said Hannah and Mahlon
upon the arrival by the said Hannah and
Mablon AT the age OF twenty-one, they had a
life interest in the land conveyed in trust for
them during their joint lives and the life of
the survivor, the said Hannah having the
right TO the use OF the said Mill tract during
her life, that the issue of said Hannah and
Mahlon had vested remanders in the whole
OF said land, with the exception OF the old
Mill tract which vested by way of remainder
in the issue of said Hannah
That the said Mahlou intermarried with one
Catherine Frame; that the said Hannah in
lermarred with one Joshua Pierce.
That subsequently,, TO wit: On May 3lst,
1888 the said Joshua PIERCE and Hannah, his
wife, aud Mahlon Chandlee and Catherine
Chaudlee, his wife, executed a deed OF parti-
tion duly recorded among the Land Records
OF Montgomery county, in Liber B s., No
6, folios Z &c, by virtue OF which the said
Hannah and Mahon became entitled to hold
and enjoy their respective parts of the lands
heretofore referred TO in severalty, for and
during heir natural lives, and the issue of
which became entitled to the part OF their an
cestor that by virtue OF the following deeds
the grantees named therein became vested of
the right, title and interest of the grantOrs
therein named.
Deed from Charles b. Pierce, Jas. h. Pierce
George C. Pierce, Edward Pierce, Ann Pierce,
Edward Lea, and Deborah A. Lea, his wife,
10 Mahlon Chandlee, dated August 25th, 1854.
Decd from Edwin Chandlee, Samuel l.. Pid-
geon and Sarah NJ. Pdgeon, his wife, Casper
Chandlee, VIM. G.. Chandee, Albert Chand-
lee, to Catherine Chaudlee, dated December
rs, 1855.
Deed from Casper Chandlee to Edwin Chan
dice, Samuel l.. Pidgeon and Sarah NJ. Pid-
geon, his wife, William g Chandlee, Albert
Chandlee and Catherine Chandlee, dated
March 9Th, 1856, all of which deeds above re-
ferred to have been duly recorded among the
Land Record Books of Montgomery county.
That the SAID Hannah Pierce and Joshua
Pierce, her husband, have long since depart
ed this life, leaving the following named chill
dren: Edward Pierce, whose wife's name is
Sophia b. Pierce; Annie, who iutermarried
with one Bepjtman F Tillum Deborah A.,
who intermarried with one Edward Lea
James h. Pierce Charles Pierce, whose
wife's name is Mary E. K PIERCE Caleb
Pierce and George Pierce, all of whom are
now living except the following; Calico
Pierce, who died an infant intestate and I'M
married George PIERCE, whose wife is also
dead, departed this life inlestate, leaving the
following named children Joshua Pierce,
Charles b. Pierce, whose wife's name is Ca
lista b. Pierce Samuel G. Pierce, whose
wite's name is - Pierce; aud Hannah g.
Pierce
That Catherine Chandlee, wife of Mahon
Chandlee, and grantee in the deed from Ed
win Chaudlce ct al, above referred 10, died
intestate.
That Mahlon Chandlee has since died, leav-
ing last will and testament, dated the thir-
ty-iirst day of May, A. D. 1889, in which
will he devised all of his interest in the land
mentioned 10 the deed from Charles B. Pierce
ct al. 10 Mahlon Chandlee to his executors,
Samuel l.. Pidgeon, Joseph Stabler and
Thomas L. Moore, to be sold by them and
the proceeds divided amongst his grand
children or legal heirs Of any deceased grand
child, save aud except the following
/. To pay to son, Casper Chandlee, five
hundred dollars.
End. To pay to Joseph Stabler and Thomas
L. Moore one-fifth of the estate, to hold in
trust, the income therefrom to be paid to the
widow of Albert Chandlee during her lite,
and after her death 10 divide the same
amongst his grandchildren, share and share
alike, or to the legal heirs of auy deceased
grsndchild.
That the following were the children of
Mahlou and Catherine Chandlee, to wit:
Edwin, whose wiie's name was Cassandra
Chandler, Sarah NJ, who married Samuel
l.. Pidgeon, one of the defendants named
herein Eliza Chandlee, William Chaudlee,