Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1903-09-25

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 @. O'Loughlin, her husband;
Lavinia @. 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. 2053. In the Circuit Court for Montpom-
cry county, sitting as Court of Equity.
INHE OBJECT of this suit is to have ap-
Il pointed Receiver to wind up and settle
the affairs Of the partnership heretofore ex-
isting between Daniel W. Brown, deceased,
and the complainant, Michael J. Brown, and
to have 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 in the
lifetime of said Daniel W. Brown, and liable
for the debts Of said firm, and after the pay
ment 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.
l Thnk ~ Al AZ. - Al.
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. TUX, Executor Of Matilda
Trux, by deed dated the 21st 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
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. L" and
exhibit No. g."
Third. That the said Daniel W Brown was
never married and left surviving him as his
only heirs-atlaw your orator, Michael j
Brown brother, Thomas J. Brown, inter-
married with Caroline Brown /; a sister, Mary
A. Jones, wife of Louis Q. Jones a sister,
Martha A. EcclestOn, widow Ava Maria
OrndOrh, widow Corrine 0'Loughlin, wife
Of John O. O'Loughlin children Of Lucinda
Bohrer, sister ofthe said Daniel W Brown,
who departed this life prior to her said broth
er; Lavinia O. Bryan, wife Of John s. Bry.
an; Richard Anderson, intermarried with
Virginia Anderson Josephine @. Davis, wife
Of George F. Davis; Lucinda B. Brown wife
Of George Bib Brown; and Wallace Ander
son, children of Virginia @. Anderson, a sis
ter Of the said Daniel W. Brown, who de
parted this life prior 10 the death of her said
brother said Wallace Anderson having de-
parted this life after the death Of the sale
Daniel W Brown, intestate, leaving widow
Cecilia, who has since ntermarried with 9
certain ThomEs Marsh, and one infant child
Mary Wallace Anderson; William @. Brown
unmarried Edgar ]. Brown, intermarried
with Mary Brown; and Mauric M Brown
ntermarried with Nora Brown, children o
William M. Brown, brother Of said DAME
W. Brown, who departed this life before biz
said brother.
Fourth. That on the 26th day of October,
in the year 1896, by a deed Of mortgage duly
recorded among said Land Records in Libe
J. A., No. Sc, folio 3l4, etc., the said DAME
W. Brown, under the circumstances and agree
ments with your orator herein contained
conveyed the said land and premises by way
OF mortgage, to certain John G. England
OF said county, TO secure the sum of two
thousand (2,000), which said debt is unpaid
and said mortgage is still valid and subs ST.
ing lien upon the said lands and premises.
Fifth. That on the LIST day of June, in tn,
year 1879, your orator, Michael ]. Brown,
and the said Daniel W. Brown entered into
contract or partnership, to continue for tn,
period OF their joint lives, to purchase farm
IN said Montgomery county, in the State Of
Maryland, and TO carry out and execute the
agreement in that behalf 1t was provided
and agreed between them that they should
negotiate loan Of twenty Eve hundred dol.
lars 2,50O) for the purchase and stocking
and equipment thereof, operate the same al
partners, as Aforesaid, each to furnish an
equal amount of labor and skill requisite for
its cultivation and development, aud bear
equally the losses and profits, and the reve-
nue. arising therefrom, after the payment Of
the operating expenses, including the supper,
and maintenance of the said Michael J
Brown aud Daniel W. Brown; the indebted
"A ness OF the firm was to to be invested and
re-invested from time TO time. IA thew sheuld
accrue in the enterprise, In stock, farmi ng
equipments necessary for said farm, and the
whole amount of investment, as aforesaid,
was TO be considered and designed as a cousol-
dated fund to be held jointly for the use and
benefit OF the partnership, and at the dissolu-
ton thereof by death, as aforesaid, distrib-
uted, after the payment Of the debts and OBJ
legations of the partnership, TO the surviving
partner as personally
sixth. That after said agreement was made
and entered into, as aforesaid, your orator
anu me SAID Daniel W. Brown, pursuant to
and In execution thereof negotiated and OBJ.
tanned loan of twenty-five hundred dollars
($2,bOO) for the use and benefit Of their SAID
partnership, and applied two thousand dol
lars w, O00) thereof to the purchase Of a
farm In said county, containing one hundred
and TWO (lO2) acres, which Is described in
deed OF conveyance, dated the 25th day Of.
in the year 1879, from Thomas A nierson
WIN. V. Bouic and II. W. Talbot, to the
SAID Daniel W. Brown, a copy thereof being
hled herewith, marked exhibit No. g. and
hve hundred dollars thereof TO the stocking
and general equipment OF said farm for the
purpose OF the partnership, as aforesaid, and
the said Daniel W. Brown and your orator
Immediately took possession of said farm.
and In pursuance OF their agreement, possessed
and operated the same under the terms and
conditions thereof until the 25th day Of Nav,
1887 when they sold said tract Of land for
tue sum OF twelve thousand dollars (SI2, OoO)
to one Kenneth S. Mercheson.
seventh. That your orator and the said
Daniel W Brown applied the proceeds aris-
ing from the sale Of said tract OF land to the
payment OF said loan Of twenty-five hundred
dollars (s2 ,b00) aud the liquidation Of other
debts and obligations incurred and owing by
them as partners 10 the prosecution Of their
said enterprise, and forty-6ve hundred dol.
lars(S4, bOO) to the purchase of tract Of land
mentioned in paragraph No. 2 hereof, taking
the legal title thereto in the name OF Daniel
W. Brown, under said agreement, for the
uses and purposes of said partnership aud
the remainder Of the twelve thousand dol.
lars ($l2, 0oo) they invested in stock, farm
ing utensils and permanent improvements
which were essential and necessary to oper.
IA Nka H. Al.