Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1903-10-16

anu OhrOllue DEOWu, us WHo MAR
tina A. Ecclestou, Mary A. Jones and
Lewis G. Jones, her husband; Ava
Maria Orndorff, Corrine O'Loughlin
and John G. O'Loughlin, her husband;
Lavinia @. Bryan aud john s. Bryan,
her husband Richard Anderson and
Virginia Anderson. his wife; Josephine
G. Davis aud George +. 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. 2obs In the Circuit Court for Montgom-
cry county, sitting as Court OF Equity
TVHE OBJECT of this suit Is to have APP
i pointed a Receiver to wind up and settle
the affairs Of the partnership heretofore ex-
is,ino between Daniel W. Brown, deceased,
and The complainant, Michael ] Brown, and
to have a certain deed, made by VIM. R.
Tiny to said Daniel W. Brown, dated 2lst
dav 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 Arm 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
meut thereof the residue distributed to the
survivor, as provided in their agreement OF
partnership, which is set forth in the Dill
The bill states
First. That q certain Daniel W. Brown
late Of Montgomery county, In the state OF
Maryland, departed this life inteslate on or
about the 2sth day of June in the year 1901 :.
Second. That at the time OF the death OF
the said Daniel W. Brown, and long time
nrior thereto. as will be hereinafter ex-
blamed 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 2lst day OF June,
in the year 1887, and recorded among the
Land Records OF said Montgomery county, In
Liber J. A, No. 6, folios 1903, etc, contain
ing seventy three (73) acres OF land, more or
less, less, however, one acre thereon conveyed
by said Daniel W. Brown TO a certain Isaac
Ii. Baker, by deed dated the 26th day OF June,
In the year 1885, and recorded among said
Land Records In Liber J. A., No. ID, folios
473, etc, duly certified copies OF both OF said
deeds being fled 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
Brown q brother, Thomas ]. Brown, inter-
married with Caroline Brown sister, Mary
A. Jones, wife Of Louis O Jones sister,
Martha A. Eccleston. widow; Ava Maria
Orndorff, widow Corrine O'Loughlin, wife
of John q, O'Loughlin children OF Lucinda
Bohrer, sister Of the said Daniel W Brown,
who departed this life prior to her said broth
err; Lavinia O. Bryan, wife Of John ). Bry-
an Richard Anderson, intermarried win
Virginia And erson Josephine y. Davis, wi,e
Of George r. Davis; Lucinda b Brown, vile
of George Bib Brown; and Wallace Ander-
son, children of Virginia q. Anderson, 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 said
Daniel W. Brown, intestate, leaving widow,
Cecilia, who has since intermarried with a
certain Thomas Marsh, and one infant child,
Mary Wallace Anderson; William q. Brown,
unmarried Edgar J. Brown, intermarried
with Mary Brown; and Mauric M. Brown,
intermarried with Nora Brown, children OF
William NJ. Brown, brother OF said Daniel
W. Brown, who departed this life before MS
said brother.
Fourth. That on the 26th day of October,
in the year 1895, by a deed Of mortgage, duly
recorded among said Land Records In LiDer
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 q certain John @. England,
of said county, to secure the sum Of two
thousand (2,O0O), which said debt Is unpaid,
and said mortgage is still valid and snbsist-
ing lien upon the said lands and premises.
Fifth. That on the LIST day OF June, 10 the
year 1879, your orator, Michael J. Brown,
and the said Daniel W. Brown entered into
q contract or partnership, to continue Tor the
period of their joint lives, TO purchase farm
Ia said Montgomery county, 10 the State OF
Marylan 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 five hundred dol
lars 2, 6CO) 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 J.
Brown and Daniel W. Brown; the indebted
ness OF the hrm was to TO be invested and
re-in vested from time to time, ~ they should
accrue In the enterprise, In stock, farming
equipments necessary for said farm, and the
whole amount OF investment, as Aforesaid,
was 10 be considered and designed as a consol-
idated fund to be held jointly for the use and
benefit Of the partnership, and at the dissolu-
ton thereof by death, as aforesaid, distrib-
uied, after 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 70
and in execution thereof, negotiated and OBJ
tanned a loan of twenty-five hundred dollars
(S2, bOO) for the use and benefit OF their said
partncrship, and applied two thousand dol
lars (S2, OOO) thereof 10 the purt base OF a
farm 10 said county, containing one hundred
and two (lO2) acres, which 10 described In a
deed Of con veyance, dated the 26th day Oh,
ln the year 1879, from Thomas A nderson,
VIM. v. Bouic and II. W. Talbot, TO the
said Daniel W Brown, a copy thereof being
filed herewith, marked exhibit No. 3, and
FIVE hundred dollars thereof 10 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 pursance Of their agreement, possessed
and operated the same under the terms and
cond tons thereof until the 18th day OF Nay,
1887, when they sold said tract OF land for
the sum of twelve thousand dollars (Sl2 ,O00)
70 ons Kenneth s. Mercheson.
Seventh. That your orator and the said
Daniel W Brown applied the proceeds arts
ing from the sale Of said tract OF land TO the
pay ment OF said loan OF twenty-five hundred
dollars 80 5O0) and the liquidation OF other
debls and obligations incurred and owing by
them as partners 10 the prosecution Of their
said enterprise, and forty-6ve hundred dol.
lars( 81, 6O0) TO the purchase Of tract OF land
mentioned in paragraph No. Q 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
inc utensils aud permanent improvements