The citizen. (Frederick City, Md.) 1895-1923, 1899-09-01

The object of this suit is to procure decree
for the surrender TO the plaintiff, Emily j.
BowersoX. a certain certificate of deposit, for
the sum OF Sl.gSl72, issued on the 10Th day of
July A ID. 1898, by the Fredericktown Savings
Institution of Frederick, Maryland, TO Jacob
Bowersox or Emily j. BowersoX, it being now
in the possession of y. l.. Brewer, of the State
OF ohio, administrator c. I. a., OF jacob Bow
ersox. deceased. The bill states that the
plaintiffs husband, Jacob BoWerSoX, died
during the month of January, A. ID. 1899, in
Frederick City, Maryland, leaving 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 Tifiin, 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. D 1898, the
plaintiff deposited in the Fredericktown Say
ings Institution of Frederick, the sum of
nineteen hundred and eighty-one dollars and
seventy-twO cents lSl,9Sl.72l, in the names of
Jacob BowersoX or Emily 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 posses
sion of the plaintiff and under her control I'M
Ill after the death of said husband, Jacob
BowersoX in January, A. ID. 1899 That the
plaintiff being old and in high state of ner-
vous excitement after the death of her said
nuSDdIu, anu DelIlg ADVISED DIV the SAID y. l.
Brewer, the custodian OF said will, that the
court of the State of Ohio, had sole jurisdic-
ton TO administer said estate, and that the
plaintiff being a nonresident was DISQUALIFIED
under the laws OF Ohio to administer the
same, resigned her right TO so administer, and
without knowing and without having been
advised OF her rights in the premises, deliv-
cred said certificate of deposit Endorsed by
her to the said N l.. Brewer, administrator
C. t. a of Jacob BowersoX, deceased, and that
the said \. L. Brewer, aforesaid, now retains
and has in his custody said certificate, and
that paymentof the same has been refused by
the said Fredericktown Savings Institution
upon presentation by the said n. L.
Brewer, ana that said institution continues 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 to her, and that the said Fred
erlcktown Savings Institution be required to
. decree.
The bill prays: That the assignment of said
certihcate OF deposit may be cancelled, an.
mulled and set aside and that the said a. l..
Brewer may be decreed TO deliver said certifi-
cate OF deposit to the complainant
md. That the Fredercktown Savings Insti-
tuition may be required under decree of the
cou court 10 pay sald sum SO represented by said
certificate of deposit to the complainant.
1t is thereupon, this 23rd day of August. A.
d ls99, ordered by the Circuit Court for Fred
eerlck County, Maryland, sitting as a Court of
Equity and by the authority thereof, that the
plalntl1, by causing copy of this order to be
inserted IN some newspaper, published in
Frederick County, once in each of four suc.
cesslNe weeks before the BIRD day of Septem-
Der 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 Dy solicitor, on or before the 10th dav of
october next, TO show cause if any they have,
why decree ought not TO be passed ms praved
Filed August BIRD, 1899.
DOUGLASS II. HARGETT.
Clerk ofthe Circuit Court for Frederick Couptv
True copy-Test:
DOUGLASS H. HARGETT.
rIaIih l.. Stoher, Atty. Clerk.
aug. 25-5t.