Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1903-10-09


and Caroline Brown, his wife; Mar
tina A. Eccleston, Mary A. Jones and
Lewis G. Jones, her husband; Ava
Maria Orndorff, Corrine O'Loughlin
and John G. O'Loughlin, her husband;
Lavinia G. Bryan and John s. Bryan,
her husband Richard Anderson and
Virginia Anderson, his wife; Josephine
G. Davis and George f. Davis her
husband Lucinda B. Brown and Geo,
Bib Brown, her husband /; Cecilia
Marsh and Thomas Marsh, her hus-
band, and Mary Wallace Anderson.
No. 2Ob3 In the Circuit Court for Montgom-
cry county, sitting as Court of Equity.
THE OBJECT of this suit is to have APP
l. pointed Receiver to wind up and settle
the affairs Of the partnership heretofore ex-
listing between Daniel W. Brown, deceased,
and the complainant, Michael Brown, and
to have a certain deed, made by VIM. r..
Trux to said Daniel W. Brown, dated 2lst
day OF June, 1887, and recorded among the
Land Records of said county, declared to be
for the benefit of said partnership and assets
of the firm of said Daniel W. Brown and
Michael ]. Brown, formed and existing iD the
lifetime of said Daniel W. Brown, and liable
for the debts of said firm, and after the pay
meut thereof the residue distributed to the
survivor, as provided in their agreement Of
partnership, which is set forth in the bill.
The bill states
First. That certain Daniel W. Brown,
late OF Montgomery county, In the State OF
Maryland, departed this life intestate on or
about the 28th day of June in the year 1901.
Second. That at the time of the death of
the said Daniel W. Brown, and long time
prior thereto, as will be hereinafter ex-
planned and set forth, the said Daniel W.
Brown, jointly with your orator, was pos
sessed Of valuable real estate lying and being
In said Montgomery county, which was con-
veyed to the said Daniel W. Brown under the
circumstances and agreements hereinafter set
forth, by VIM. R. Trux. Executor of Matilda
Trux, by deed dated the 2lst day Of June,
in the year 1887, and recorded among the
Land Records OF said Montgomery county, in
Liber J. A, No 8, folios 1903, etc, contain
ing seventy-three (73) acres of land, more or
less, less, however, one acre thereof conveyed
by said Daniel W. Brown 10 certain Isaac
H. Baker, by deed dated the 26th day OF June,
in the year 1885, and recorded among said
Land Records In Liber J. A., No. 10, fOlios
473, etc, duly certified copies OF both OF said
deeds being filed herewith as part hereof, and
marked, respectively, exhibit No. |" and
exhibit No. 2"
Third. That the said Daniel W Brown was
never married and left surviving him as his
only heirs-at-law your orator, Michael j.
Brown a brother, Thomas j. Brown, inter-
married with Caroline Brown a sister, Mary
A. Jones, wife of Louis q Jones q sister,
Martha A. Eccleston, widow Ava Maria
0rndorf, widow Corrine O'Loughlin, wife
of John q, O'LOughlin children of Lucinda
Bohrer, a sister ofIhe said Daniel W Brown,
who departed this life prior to her said broth
err Lavinia O. Bryan, wife Of John s. Bry-
an Richard Anderson, intermarried with
Virginia And rson Josephine O. Davis, wife
of George F. Davis; Lucinda B Brown, wife
of George Bib Brown; and Wallace Ander-
sou, children of Virginia q. Anderson, "A sis
ter of the said Daniel W. Brown, who de-
parted this life prior TO the death OF her said
brother said Wallace Anderson having de-
parted this life after the death of the said
Daniel W. Brown, iutestate, leaving widow,
Cecilia, who has since intermarried with a
certain Thomas Marsh, aud one infant child,
Mary Wallace Anderson; William O. Brown,
unmarried Edgar J. Brown, intermarried
with Mary Brown; and Mauric M Brown,
intermarried with Nora Brown, children OF
William NJ. Brown, a brother Of said Daniel
W. Brown, who departed this life before his
said brother.
Fourth That on the 26th day of October,
In the year 1895, by aided of mortgage, duly
recorded among said Land Records In Liber
J. A, No So, folio 3l4, etc, the said Daniel
W. Brown under the circumstances and agree
ments with your orator herein contained,
conveyed the said land and premises by way
of mortgage, to a certain John @. England
Of said county, to secure the sum OF two
thousand (2,O00), which said debt is unpaid,
and said mortgage is still a valid and subsist-
ing lien upon the said lands and premises
Fifth. That on the LIST day of June, In the
year 1879, your orator, Michael j. Brown,
and the said Daniel W Brown entered into
contract or partnership, to continue for the
period of their joint lives, to purchase farm
In said Montgomery county, 10 the State of
Maryland, and TO carry out and execute the
agreement in that behalf, II was provided
and agreed between them that they should
negotiate a loan of twenty five hundred dol
lars "a, 5o0) for the purchase and stocking
and equipment thereof, operate the same as
partners, as aforesaid, each to furnish an
equal amount of labor and skill requisite for
It's cultivation and development, and bear
equally the losses and profits, and the reve-
nue. arising therefrom, after the payment OF
the operating expenses, including the support
and maintenance Of the said Michael ]
Brown and Daniel W. Brown; the indebted
ness OF the firm was to to be invested and
rein vested from time to time, as they Should
accrue in the enterprise, in stock, farming
equipments necessary for said farm, and the
whole amount Of Investment. ms Aforesaid,
was to be considered and designed as consol-
IA II "a 40, hs hald for ha nd
benefit of the partnership, and at the dis,0lu-
ton thereof by death, as aforesaid, distrib-
uted, alter the payment Of the debts and OBJ
legations OF the partnership, TO the surviving
partner AZ personally
Sixth. That after said agreement was made
and entered into, as aforesaid, your orator
and the said Daniel W. Brown, pursuant TO
and In execution thereof, negotiated and OBJ
tanned loan Of twenty-five hundred dollars
(S2, bOO) for the use and benefit of their said
partnership, and applied two thousand dol
lara 49,, O0O) thereof to the purchase of
farm 10 said county, containing one hundred
and two (lO2) acres, which Is described in
deed Of conveyance, dated the 2bth day Of,
In the year 1879, from Thomas Anderson,
WIN. v Bouic and II. W. Talbot, to the
said Daniel W Brown, a copy thereof being
filed herewith, marked exhibit No. 3, land
HV6 uuUuTtu " bhS ohoOhihb
and general equipment Of said farm for the
purpose Of the partnership, as aforesaid, and
the said Daniel W Brown and your orator
Immediately took possession Of said farm,
aud ~ pursance Of their agreement, possessed
and operated the same under the terms and
cond jiions thereof until the 25th day OF May,
1887. when they sold said tract Of land for
the sum OF twelve thousand dollars ($l2 ,000)
to one Kenneth s Merchrson
Seventh. That your orator and the ga Id
Daniel W Brown applied the proceeds aris-
ing from the sale Of said tract OF land 10 the
pay ment OF said loan Of twenty-five hundred
dollars (S2 5O0) and the liquidation OF other
debts and obligations incurred and owing by
them as partners In the prosecution OF their
said enterprise, and forty-fve hundred dol.
lars(S 81, 5OO) TO the purchase Of tract OF land
mentioned in paragraph No hereof, taking
the legal title thereto in the name OF Daniel
W. Brown, under said agreement, for the
uses and purposes Of said partnership; aud
the remainder Of the twelve thousand dol
lars ($l2, OOO) they invested in stock, farm
ing utensils and permanent improvements