The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1903-11-28


plaintiff in his own behalf and on behalf of all
other creditors of George Brown, late of Balti-
more county, Maryland deceased, if any there
be, is to procure decree of the Circuit Court
for Baltimore county, in Equity, requiring the
said H. Carroll Brown, executor, to account for
the entire personal estate of the deceased, and
the said H. Carroll Brown and the other defend
ants to account for all the real estates of the
deceased, wherever the same may be situate,
to the payment of the claims of the plaintiff and
other creditors if any there be, and that any
deficiency be supplied by sale of the real
estates, or of so much thereof as may be neces-
sary for that purpose.
1t is alleged in the bill
1. That the said George Brown died in or about
the month of May, 1902, and was, in his lifetime
and at the time of his death, indebted to the
plaintiff in several sums of money, aggregating,
with interest as of the first of October, 1903
sixty-six thousand one hundred and thirty-five
dollars and seventy-eight cents $685. 1876 ISL and
that said Indebtedness is still due and unpaid.
q That the said George Brown was at the date
of his death, seized and possessed of a large
estate, real and personal, which estate after the
payment of debts and funeral expenses, ne gave,
devised and bequeathed by his last will and
testament to the persons therein and herein
after named that said will was duly executed
to pass real estate, was duly probated and re-
corded in the office of the Register of Wills for
Baltimore county, and that letters testamentary
on said estate, were granted by the Orphans
Court for said county to the said H. Carroll
Brown, who was named in said will as the ex-
ecutor thereof.
g. That the said r. Carroll Brown accepted the
inventory. and, afterwards, an administration
account of the personal estate was flied by said
executor, from which it appears that, after pay
ing all expenses and all the debts of the deceased
which were proved in said Orphans Court, there
remained in the hands of the executor the sum
of twenty-eight hundred and hfty-five dollars
passed by the said Fl. Carroll Brown as executor
to himself as trustee under said will.
4. That large amount of personal property
left by the deceased does not appear in said ad-
minstration account, but remains yet to be ad-
ministered; that. nevertheless, the said George
Brown did not have. at the time of his death,
personal estate sufficient to pay his debts, due
and owing by him at that time, and the costs of
administration; and that the plaintiff and the
other creditors of the said George Brown, if any
there be, are entitled to have the entire personal
estate of the said George Brown less such sums
as may appear to have been properly disbursed
by the said executor applied to the payment of
the claims of the plaintiff and other creditors, if
any there be- and to have any deficiency in said
personal estate supplied by sale of the entire
as may be necessary for that purpose.
s. That the plaintiff has received no security
said, but. on the contrary as recently as the 4th
of December, 1902, and the 14th of January 1903,
the claims of the plaintiff, as set forth in said
bill were admitted by the said H. Carroll Brown
to be correct.
6. That the said Fannie W. Brown, widow of
the testator, elected to take under said will. in
lieu of her dover and distributive share of said
estate, and certificate of said election was filed
on the Goth day of October 1902, in the Office of
the Register of Wills for Baltimore county, was
duly recorded in willis" Liber III. r., No. IL,
folio 1892, one of the books in said office
Z. That the said George Brown left surviving
him widow the said Fannie w. Brown, and the
following children, to wit: H. Carroll Brown,
George Brown, Jr., Irwin M. Brown, Colgate N.
Brown, Isabella Brown, Fannie w. Brown, Sarah
Brown and Grace Greenway Brown, who are his
heirs at-law.
g. That the said George Brown by said will de-
vised and bequeathed his entire estate, real and
personal, after the payment Of his debts and
I'm low RI hQ
in trust, however, to hold and manage the same,
and the income thereof to pay to the said Fannie
W. Brown, widow, during her life, with power
in the said trustee to sell said estate, or any
part thereof, and to invest and re-invest the
proceeds, and with power in the said Fannie W.
Brown widow, to dispose of said estate by will,
deed or otherwise said estate, or so much
thereof as shall not have been disposed of by
her at the date of her death, to be divided by
said trustee into as many parts as there were
children living at the time of his death, or as
were then living or dead with children surviving
them, the parts to be of approximately equal
value excepting the part of his daughter, Isabel
la Brown Merryman, wife of James NICK. Mer
ryman, which, it is provided, shall be ten thou
sand dollars less the child or children of one
dying before such division to take the parents
share.
It is further provided in said will that the
parts apportioned to the said II. Carroll Brown
and George Brown, Jr., shall be transferred to
them absolutely at once; that the part appor-
toned to Irwin NJ. Brown shall be held by the
said H. Carroll Brown until the said Irwin shall
be transferred to him absolutely; that the part
apportioned to each of the daughters of the tes-
tator shall be held by the said H. Crrroll Brown
in trust to pay the income thereof to her for
life, with power in her to dispose of the same by
will, and. if not so disposed of by her, then to
her child or children, and If there be no child or
children, then said part is to be divided in the
manner provided for the entire estate of the
testator, and to be held by the said Fl. Carroll
Brown on the same trust
o. That the said Fannie w. Brown, widow re-
sides in Baltimore county, in the State of Mary
land.
county and state.
That the said George Brown, Jr., resides in
said county and State, and has two children, to
wit: George Brown and Harriet Brown. who
are infants under the age of twenty-one years.
That the said Irwin NJ. Brown resides in said
county and State, and is an infant, under the
age of twenty-o one years.
That the said Colgate N Brown married Nathan
r. Smith. of Baltimore city. in said State, and
than Smith, Colgate Smith and Margaret Smith,
who are infants, under the age of twenty-one
That the said Isabella Brown married James
Mex. Merryman, and resides in Baltimore coun-
ty in said State.
That the said Fannie W Brown married Walter
W. Keith, of the city of Chicago, and State of
illinois, and has one child, to wit: Walter W.
Keith, Jr., who is an infant, under the age of
That the said Sarah Brown married Stanley
Field of said city of Chicago, and State of Illi-
nois. and has one child, to wit: Katharine Field,
That the said Grace Greenway Brown married
Honore Palmer, of said city of Chicago, and State
of Illinois.
1t is thereupon, this 21st day of November,
1903 ordered by the Circuit Court for Baltimore
q copy of this order to be inserted in some
weekly newspaper published in Baltimore coun-
ty and a daily newspaper published in Baltimore
city once in each of four consecutive weeks be-
fore the 2Sth day of December, 1908 give no.
lice to the said absent defendants, to wit: nom
residents of the State of Maryland, of the object
and substance of this bill, warning them to
appear in this Honorable Court. in person or by
solicitor,
On or before the 18TH day of January, 1904,
70 show cause, if any there be, why decree
ought not to be passed as prayed.
N. BOSLEY MERRYMAN,
Clerk of the Circuit Court for Baltimore county.
True Copy-Test:
Clerk of the Circuit Court for Baltimore county.
Nov. 2S.-5t