The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1898-10-15

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Company OF Philadelphia, Defendants.
In the Circuit Court for Cecil County. Il
Equity.
The object and purposes of the Bill of Com
plant IN the above entitled cause is to pro
cure decree for the sale OF the Mortgage
Real Estate mentioned and described in sal
bill to pay the female plaintiff the arrearag
due her on her annuity of six thousand dollar
bequeathed to her by Joseph Singerly's Wi
and to have the net proceeds of sale investe,
under the order of the court, &c.
The bill states that the female plaintiff
the wife of W. T. Robinson and resides witt
her husband in the city of Philadelphia an,
that she is daughter of the late JOSEPH
Singerly of that city, who died on the 12tl
day of October, 1878, leaving last will an,
testament which was duly admitted to pro
bate by the Orphans Court of the County o
Philadelphia and State of Pennsylvania,
copy OF which is filed with the bill marked
Plaintiffs Exhibit No. /.
The bill further alleges that by the will o
the said Joseph Singerly, Henry NJ. Phillips
and William NJ. Singerly, both of the city o
| Philadelphia, were named as executors there
OF and that letters testamehtary were granted
to them by the Orphans Court of Pniladel
phla aforesaid; that by the third paragraph
OF his will the said Joseph Singerly be queatn
| ed to his daughter, the female plaintiff, who
was then Elizabeth Painter, during her nat
| ural life, to be paid to her for her sole use AS
though she was unmarried, an annuity of sjs
thousand dollars to be paid in monthly sums
OF five hundred dollars each until his resi-.
duary estate placed in the hands of trustees
named in said will should equal the sum Of
six hundred thousand dollars, and the eater
the annuity should cease and not be paid
h.,t t., 4. 4 ri.
will the said testator beuueathed to his
daughter Caroline Fleming, and his son.
George A. Sngerly auuuities of six thousand
dollars each upon the same terms and con-
ditions as that given to the female plaintiff
that by the ninth paragraph of his will the
said testator beuueathed all the rest, resi-
due and remainder OF his estate. real, per-
sona and mixed, to the PENNSYLVANIA Com
pany for Insurance of Lives and Granting
Annuities" to be held by it in trust. to pay
the said annuities to his children respectively.
as provided in his will, until the amount ,,I
the principal and intesest in its hands snvud
reach the sum of six hundred thousand ,IOl
lars, to he held in trust by it, and to paN tn.
whole interest and income thcrefrom as the
same should accrue to his children, Elizabeth.
Caroline and George A respectively, and
from and after the death of either of his
children, then to pay the principal part COM
H..
any one should die without leaving issur.
the same to become part of his estate. ana
the share or part which might 90 to any
minor child to he held by the said COMPANY
until such child should attain its majority.
and the share or part coming to any of his
grandaughters to be- held in trust by said
company for their sole and separate use dur.
ing their natural lives, free from the control
of any husband, and upon the d oath of such
granddaughter leaving issue. the same to
20 to said issue absolutely, and in default of
issue of any GRANDDAUGHTER her share should
DIES lend and be distributed as part OF his es-
tate: that by the second paragraph OF his
will the said Joseph Singery gave and be.
queathed to his sou, William NJ. Sineery, all
of his shares of the capital stock of the
Germantown Passenger Hallway COMPANY.
subject to the following conditions: Firstly
that he should not sell any portion of 1t for
ten wears after the date of his death; secoud-
", that he should pnv the annuity of twelve
thousand dollars t,ruueathed TO the wife of
the testator, and thirdly. that he should nav
such portions of annuitics beuueathed NV
said will as the income OF his residuary es-
tate might be deficient in providing for.
The bill further alleges that William NJ.
Singerly. son of the testator. accepted the
bpuuest made to him in his tather's will Of
the capital stock of the Germantown Passeu-
ger Railway Company and received the same
into his possession and thereby became liable
to perform the conditions upon which said
beauest was made, one of which was to nav
to his sister, Elizabeth, the female plaintiff,
such portion of her annuity of six thousan,,
dollars beuueathed to her by the third para-
graph of her fathers, Joseph Sngerly's, will,
as the income from his residuary estate.
should be deficient in providing for.
The bill further alleges that on the Both
day of June 1891 Osrnr ID Painter and
Elizabeth Painter. his wife, (Who is now the
female plaiutifr. Elizabeth Robinson) and
George NJ. Fleming and Caroline, his wife.
filed their petition in the Orphans Court of
the County of Philadelphia which petition
was so proceeded in that on the 10th day of
July, 1881. the said court among other things
ordered the said William VI, Singerly TO enter
bond to the Commonwealth of PENNSYLVANIA
in the sum of dollars, with
surety or sureties to he approyed by the
court conditioned for the payment to the pe-
titioners. Elizabeth Painter and Caroline
Fleming, during their natural lives of SO
much of their annuities of six Thousand dol
lars per annum, beuueathed by the will of
joseph Singerly. as his residuary estate
shsuld prove insufficient to pay and until the
residuarv estate in the hands of the trustee
under his will should amount to six hundred
thousand dollars. and on November 9th 1881
the court fixed the amount of the bond nj
one hundred thousand dollars.
The bill further states that upon the 26th
div of November 1891 the said William NJ
Sneerly in compiiance with the order of the
ORPHANS, Court above mentioned. together
with the Fidelity Insurance. Trust and SAFE
Deposit COMPANY of PHILADELPHIA ms his
surety. made, executed and delivered INTO
the Commonwealth of Pennsylvania their