Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1890-12-12
In the Circuit Court for Montgomery
County, in Equity.
Henry Chandlee. Anna B. Chandlee, his
wife; Rebecca r. Pidgeon, Charles
M. Pidgeon, Katharine D. Pidgeon,
his wife, Complainants,

Calista B. Pierce, his wife Samuel
G. PIERCE, Hannah G. Peirce, Eliza
G. Pidgeon, Lewis Pidgeon and Su-
san T. Pidgeon, his wife; Cassandra-
Pidgeon, William S. Chandlee and
Bertha NJ. Chandlee, his wife; Caspar
Chandlee, Sarah Ann Chandlee, Sam
uel l.. 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-
lee, defendants
The o6Jeee-of the Bill in the above entitIed
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 fine 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 Mary
land. ~
That by deed dated the 18th day of October,
in the year 1899, the said Elizabeth Ellicott
and George Elcott, her husband, conveyed
certain land to a certain John Ellicott, Trus-
tees, upon the following trusts:
sin trust that said property should be held
and enjoyed by said Elizabeth Ellicott aud
George Elicolt until Hannah Chandlee and
Mahlon Chandee, children aud heirs-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 Mahlon Chandee, 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
lou and their heirs forever should hold, oc-
cupy, possess nd enjoy the said lands in the
proportion following, that is say:
One moety or halt part thereof TO the law
full issue Of the said Hannah and their
heirs forever equally to he divided between
them, including the old mill seat as above
limited 10 the said Hannah, and the remain
ing moiety or half part thereof TO the lawful
issue Of the said Mahlon and their heirs for
ever to 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
them, or their heirs should release to said
Eliza Eiicott and her heirs by 3 fficient
deed OF conveyance all their right and claim
to the land reserved in said deed TO the said
Elizabeth Ellicott.
That saiu Hannah and Mabon 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 Yntl the said Hannah and Mahlon
arrived nj Me age OF twenty-one years that
upon the arrival by the said diannah and
Mahlon at the age OF twenty-one, they had u
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 remainders 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 Mahlon inlermarried with one
Catherine Frame; that the said Hannah in
That subsequently,, TO wit: On May 3lst,
1888, the said Joshua PIERCE and Hannah, his
wife, and MahIou Chandlee and Catherine
Chandlee his wife, executed a deed OF parti-
ton duly recorded among the Land Records
OF Montgomery county, in i4lber b s., No
6, folios Z, &c, by virtue of which the said
Hannah and Mahlon became entitled TO hold
aud 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 par 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. E. Pierce,
George G. 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 l.. Pid-
geon and Sarah NJ. Pidgeon, his wife, Casper
Chandlee, VIM. &. Chandlee, Albert Chand-
lee 10 Catherine Chandee, dated December
26, 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 W hich 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 wfes name is
Sophia Il. Pierce; Annie, who internarried
with one Bepj4man f. Tillum; Deborah A,
who inlermarried with one Edward Lea ;
James II. Pierce Charles B Pierce, whose
wife's name is Mary r. X. Pierce; Caleb
Pierce and George Pierce, all of whom are
l..t.. l.. tall Inn
Pierce, who died an infant intestate and I'M
married George PIERCE, whose wife is also
dead, departed this life inlestale, leaving The
following named children: Joshua Pierce,
Charles b. Pierce, whose wife's name is Ca
lista Pierce; Samuel @. Pierce, whose
wifr's name is - Pierce; and Hannah q.
Pierce
That Catherine Chandlee, wife of Mahlon
Chan6lee and grantees in the deed from Ed
win Chaudce ct al, above referred to, died
inteslate.
That Mahlon Chandiee has since died, leav-
ing last will and testament, dated the thir-
ty-frsI day of May, A. d. 1889, in which
will he devised all of his interest in the land
mentioned in 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 and except the following:
/. To pay to son, Casper ChandIee, five
hundred dollars.
2ud To pay to Joseph Stabler and Thomas
L. Moore one-ffth 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 any deceased
grandchild.
That the following were the children of
Mahlon and Catherine Chandiee, to wit:
Edwin, whose wifes name was Cassand ra
Chaudlee, Sarah NJ. who married Samuel
l.. Pidgeon, one of the defendants named
herein Eliza Chandlee, William Chandlee,
Caspar Chandee and Albert Chaudlee-alI