The citizen. (Frederick City, Md.) 1895-1923, 1899-09-08

The object of this suit is to procure a decree
for the surrender 10 the plaintiff, Emily j.
BowersoX a certain certificate of deposit, for
the sum OF 81 ,eSl72 issued on the 10th day Of
july A D. lSsS. by the Fredericktown Savings
Institution Of Frederick, Maryland, to Jacob
Bowersox or Emily ]. Bowersox, it being now
in the possession of y. l.. Brewer, of the State
of Ohio administrator c. t a, of Jacob Bow
ersox. deceased. The bill states that the
plaintiffs husband, Jacob BowersoX, died
during the month of January, A. d. 1899, in
Frederick City, Maryland, leaving a last will
and testament, which at the time of his death
was in the custody of certain law firm in
the state of Ohio, composed of n. L. Brewer
and L. A. Brewer, which will and testament
was admitted TO probate in the office of the
Recorder OF Wills, by the Judge of said court,
at Tiffin. Ohio, and that the complainant in
this cause was named in said Will as sole ex-
ecutriX, certified copy of said will is filed as
Exhibit No. /, in this cause.
That on the 10th day of July A 1898, the
plaintiff deposited in the Frederick town Saw
ings Institution of Frederick, the sum Of
nineteen hundred and eighty-one dollars and
seventy-two cents lSl,eSLT2J, in the names of
Jacob BowersoX or Emily J BowersoX tax
ing from the said institution a certificate of
deposit fOr the said amount of Sl,9Sl.72, which
certificate OF deposit remained in the possess
sion OF the plaintiff and under her control I'M
til after the death of said husband, Jacob
BowersoX, in January, A. ID. 1899 That the
plaintiff being old ana in high state of ner-
yous excitement after the death OF her said
luSDdnQ, ana Delng advised by the said n I,
Brewer, the custodian of said will, that the
court Of the State of ohio. had sole iurisdic-
ton 10 administer said estate, and that the
pialnuu being nonresident was disqualified
under the laws OF Ohio TO administer the
same, resigned her right 10 so administer and
without knowing ana without having been
advised Of her rights in the premises deIiy-
cred said certlncate of deposit Endorsed by
her to the said \. L. Brewer, administrator
c. I. a of Jacob Bowersox, deceased and Thai
the said y. L. Brewer, aforesaid now retains
and has in his custody said certificate. and
lhat paylnentoi the same has been refused by
the SAID Frederlcktown Savings Institution
upon presentation by the said ~ l.
Brewer, and that said Institution confines to
hold the amount of said certificate. That
plaintiff is so advised and alleges that said
certificate Of deposit belongs to her. and the
delivery OF the same TO the said n. L. Brewer
having been made inadvertently and through
Misrepresentation, said assignment should be
cancelled and set aside and. said certificate
surrendered 10 her, and that the said Fred
ercktown savings Institution be required to
pay the amount Of said deposit to her under
decree.
The bill prays: That the assignment of said
certincate of deposit may be cancelled. an.
nulled ana set aside and that the said a. L.,
Brewer may be decreed TO deliver said certifi-
cate OF deposit to the complainant
Ind. That the Fredericktown Savings Insti
tuition may be required under decree of the
court 10 pay said sum SO represented bv said
certi y ,h OF deposit to the complainant
d 1879, ordered by the Circuit Court for Fred.
erlck County, Maryland, sitting as a Court of
Equity and by the authority thereof. thai the
plaintiff, by causing copy of this order to be
inserted IN some newspaper, published in
Frederick County, once in each of four sue
eessl ,s weeks before the BIRD day of Septem-
per- 1899, give notice TO the said absent defen-
dant OF the object and substance of this bill
warning MN to appear in this court in person
or py solicitor. on or before the 10th day of
OItooeT next, 10 SHOW cause, if any they have,
why decree ought not to be passed as prayed
Filed August Bird, 1899.
DOUGLASS H. HARGETT.
Clerk the Circuit Court for Frederick Coountv
True copy-Test:
DOUGLASS II. HARGETT,
FRANK L. Stoher, Atty. Clerk.
aug. 25-5t.