Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1890-11-28

Chandlce, Sarah Ann Chandlee, Sam
uel j.. Pidgeon, all non-residents !;
Samuel l.. Pidgeon, Joseph Stabler,
Thomas L. Moore, executors of the
last will and testament of Mahlon
Chandlee, deceased, residents of the
State of Maryland, and Joseph Sta
bier and Thomas L. Moore, trustees
under said last will of Mahlon Chand-
.~4ee, defendants.
The object of the Bill in the above entitled
case is to procure 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 fhe year 1893
Elizabeth Ellicott, wife OF George Ellicott,
was seized and possessed in fee simple Of sew
eral large tracts of land situated and lying
in Montgomery county, in the State Of Mar :
land.
That by deed dated the It'll day of October,
in the year 1899, the said Elizabeth Ellicott
and George Ellicott, her husband, conveyed
certain land to certain John Ellicott, Trus-
tees, upon the following trusts
sin trust that said property should be held
and enjoyed by said Elizabeth Elicott and
Mahlon Chandlee, children and heirs-at-aw
OF Deborah Chandlee, should attain the age
of twenty-one years, and upon their arrival
ut age in further trust that the said Hannah
and Mahlon 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 Will tract
was to be held by the said Trustee for the
use OF the said Hannah Chandlee for and dur
ing her natural life, and upon further trust
that on the death of the said Hannah and
Mahlon Chandee and the survivor of them,
the lawful issue of the said Hannah and NAH
lon and their heirs forever should hold, &C.
cupy, possess nd enjoy the said lands in the
proportion following, that is say
One moieiy or half part thereof TO the law
ful isEue OF the said Hannah and their
heirs forever equally to be divided between
them, including the old mill seat as above
limited 10 the said Hannah, and the remain
ing moety or half part thereof TO The lawful
issue of the said Mahlon and their heirs for
ever 10 be equally divided between them.
That said deed contained Il proviso that all
the provisions thereof should be void unless
said Hannah and Mahlon and the survivor of
then, or their heirs, should releas TO said
EllZd ElllCUll aul btiIo a . hS'Shb
deed OF conveyance all their right and claim
to the land reserved in said deed To the said
Elizabeth Ellicott.
That saii Hannah and Mablon entered into
possession of the land conveyed as aforesaid
in trust for them and they aud 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
property until the said Hannah and Mahlon
arEived at the age OF twenty-one years that
upon the arrival by the said Hannah and
Mahlou at the age of twenty one, they had Il
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 dill 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
lermarried with one Joshua Pierce
That subsequently,, TO wit: On May 3lst,
1898, the said Joshua PIERCE and Hannah his
wife, ana Mnhlou Chandlee and Catherine
Chandlee, his wife, executed Il deed OF parti-
ton duly recorded among the Land Records
OF Montgomery county, in Liber s., No
U, IullOS - NC., NY NItut VI tuO Sulu
Hannah and Mahlon became entitled to hold
and enjoy their respective parts OF the lands
heretofore referred to in severalty, for and
during their 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 thei eu became vested OF
the right, title and interest OF the grantors
therein named,
Deed from Charles B. Pierce, Jas e. Pierce,
George c. Pierce, Edward Pierce Ann Pierce,
Edward Lea, and Deborah A. Lea, his wife,
TO Mahlon Chandee, dated August 25th, 1854.
Deed from Edwin Chandlee, Samuel H. Pid-
geon and Sarah NJ. Pidgeou, his wife, Casper
Chandlee, VIM. q. Chandlee, Albert Chand'
lee, 10 Catherine Chandlee, dated December
20, 1885.
Deed from Casper ChandIee to Edwin Chan
dice, Samuel l.. Pidgeon ani Sarah NJ Pd-
geon, his wife, William q Chaudlee, Albert
Chandlee and Catherine Chandlee, dated
March 9th, 1856, all Of which deeds above re-
terred 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 h Pierce; Annie, who intermarried
with one Beujtman F. Tiilum Deborah A.,
who iutermarried with one Edward Lea !;
James h. Pierce Charles b Pierce, whose
wife's name is Mary r. K PIERCE Caleb
Pierce and George Pierce, all of whom are
now living except the following CALEB
Pierce, who died an infant inteslste and un-
married. George PIERCE, whose wife is also
dead. departed this life intestste, leaving the
following named children Joshua Pierce,
Chatle b. Pierce, whose wife's name is Ca
liSta B. Pierce; Samuel c, Pierce, whose
wife's name is - Pierce; and Hannah G..
Pierce
That Catherine Chandlee, wife of Mahlon
Chau0 lee, and grantee in the deed from Ed
win Chaudlee ct al, above referred 10, died
ntesiate.
That Mahlon Chandlee has since died leny-
ing a last will and testament, dated the thir-
ty first day of May, A. D. 1889, in which
viii he devised all of his interest in the land
mentioned in the deed from Charles B. Pierce
ct al. TO Mahlou Chandee to his executors
Samuel L. Pidgeon, Joseph Slabler 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 sve
hundred dollars.
End To pay to Joseph Stabler and Thomoo
l.. Moore one-fifth of the estate, to hold IN
trust, The income therefrom 10 be paid to the
widow of Albert Chandlee during her lite
and after her death TO divide the same
amongst his grandchildren, share and share
alike, or to the legal heirs of any deceased
grandchild.
That the following were the children of
Mahon and Catherine Chandlee, TO wit:
Edwin, whose wife's name was Cassand IA
Chandec, Sarah NJ, who married Samuel
l.. Pidgeon, one of the defendants named
herein Eliza Chandlee, William ChapdlAa
Caspar Chandlee and Albert Chandl te-al
of whom are now dead, except Caspar Chand
lee.
That the said Edwin Chandlee died, leav
ing a last will and testament, dated thu
twenty-lirst dag OF June, a. D. 1864, il
which he devised all his real estate to his wife
Casandrs Chandlee, for lifS, with remainder