The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1904-08-13


e CHI I 4 9 E E. M MAII9RY. coUSr
H. GODFREY JONES. bHA aI7nTg
INFANT SON OF KENYON TN EonITv
JONES, TRUSTEE. DECEASED, <o
The object of these proceedings is to procure
the appointment of Trustee instead OF kenn0n
Jones. Trustee, deceased. and q decree Tor the
sale of the undivided one-third interest of said
Charles T: Mallory and Susan =. H: Mallory, his
situate in Baltimore county, about two miles
northwest of Owings' Mill.
The bill recites-
i. That Charles F. Spotswood is a resident of
the city of New York. State of New York, and
that said Charles F. Mallory, Susan e. II. NAL
lory, his wife, and H. Godfrey Jones, infant son
of Kennon Jones, Trustee, deceased, are all nom
residents of the State of Maryland.
2. That on January 31st 1893. Charles F. NAL
wood their promissory note of even date for
$335.41, being money advanced by Charles II.
Spotswood to said Charles F. Mallory and wife,
payable three months after date at the banking
house of John 8. Cuttings & Company. Balti-
more, and to secure the payment of said note
Charles F. Mallory and wife executed a deed of
trust to one Kennon Jones, as Trustee, convey
ing all their undivided one-third interest in q
tract of land containing eighteen acres, situate
two miles from Owings' Mills, adjoining the
properties of John r. Sherwood and Alexander
Y. Dolfeld. being the same tract Of land con-
and said Charles F. Mallory by deed bearing date
October ed. 1889. and recorded among the Land
Records of Baltimore county, in Liber ]. W. g.,
No. 1T. folio 800, etc., and in event of default by
Charles F. Mallory and wife in the payment Of
said note, together with accrued interest there
on, then Kennon Jones, Trustee, upon request
of Charles f. SpotswO0d, was empowered t0sell
said undivided one-third interest at public auc-
ton and to apply the proceeds derived there
20 the OF sa,1 note s sod saI o
trust see L. M. B., No. 1856, folio L. etc., one Of
the Mortgage Records of Baltimore county.
g. That upon maturity Of said note the sane sam.
TONER, but payment was refused and the same
was thereby dishonored by said Charles f. Nal
lory and wife.
/. That the petitioner continued to make re-
peated demands upon Charles +. Mallory and
Kennon Jones, Trustee, died intestate, leaving
him surviving as heir at law his eldest son. III.
Godfrey Jones, an infant and his widow, I'd
). That since the death of Kennon Jones,
Trustee, said note has been inadvertently lost
or destroyed, but that the petitioner has con,
Charles F. Mallory and wife for the payment of
the same, but that they have utterly refused to
pay the same or the accrued interest thereon or
8. That therefore the petitioner is entitled to
have said undivided one-third interest of Charles
f. Mallory and wife in the tract of land afore-
said sold under the provisions of the deed of
trust, but that by reason of the death of Kennon
Jones, Trustee, and the consequent vesting Of
the legal title to said tract of land in his heir at
! law and eldest son, H. Godfrey Jones, whois an
infant under the age of nineteen years, and in
competent to execute the trusts imposed by the
deed of trust, the petitioner has no adequate
legal remedy to enforce his rights and is delayed
and hindered in the enjoyment of his rights
Hereunder, and that 1t would be for the benefit
and advantage of all concerned that the trust
estate 80 vested In Kennon Jones, Trustee. de-
ceased, be placed in the hands of q Trustee OF
Trustees who should administer the same sub
ject to the supervision of court of equity.
The bill then prays-
/. That Trustee may be appointed in the
| place and stead of Kennon Jones. Trustee, de-
ceased; and
3. That said undivided one-third interest OF
| Charles F. Mallory and Susan 3. II. Mallory In
| said mortgaged premises may be decreed to be
sold and the proceeds thereof applied to the pay
ment of the loan due the petitioner with accrued
| interest thereon; and
g. That the petitioner may have such other and
| further relief as his case may require.
1t is thereupon, this 10th day of August. 1904
by the Circuit Court for Baltimore county, sit
| ting in Equity, ordered that the petitioner, By
| causing q copy of this order to be published II
| some newspaper published in Baltimore county
| once q week for four successives weeks. before
the 18th day of September, 1904, give notice K
| lory, Susan E. H. Mallory, his wife, and H. God
tee. deceased, informing them of the object ant
| substance of this bill and warning them to b,
| and appear in this court,
| On or before the 97th day of September, 1904
to show cause, If any there be, why a deere,
| should not be passed as prayed.
WILLIAM p. COLE, Clerk.
True Copy-Test:
WILLIAM P. COLE, Clerk.
Aug. 13.-5t