The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1904-09-10


The object Of these proceedings is to procure
the appointment of Trustee instead of kennon
Jones. Trustee. deceased. and decree for the
sale Of the undivided one-third interest of said
Charles F. Mallory and Susan 3. H. Mallory, his
wife. in tract OF land containing eighteen acres.
situate in Baltimore county, about two miles
northwest of 0wings' Mill.
The bill recites-
j. That Charles F. spotswood is a resident of
the city of New York, State of New York, and
org Ss ws f. Godsyy sOnsS r. a. n
of Kennon Jones, Trustee, deceased, are all nom
residents Of the State of Maryland.
2 That on January 3let, 1885, Charles r. NAL
lory and wife executed unto Charles r. Spots
wood their pr0miss0ry note Of even date for
$oS5.4l. being money advanced By Charles F.
payable three months after date at the banking
house Of John 8. Cuttings & Company, Balti-
Charles +. Mallory and wife executed deed Of
trust TO one kennon Jones, as Trustee, convey
ing all their undivided one-third interest in a
in Baltimore county, State of Maryland, about
two miles from Owings' Mills. adjoining the
properties OF John K Sherwood and Alexander
veyed to Charles +. Sp0tswoOd. w. r. B0haunan
and said Charles +. Mallory by deed bearing date
October I'D. 1889. and recorded among the Land
Records of Baltimore county. in Liber j. W. S.
No. III, folio 320 ETC., and Ia event of default by
Charles r. Mallory and wife in the payment of
said note, together with accrued interest there
on, then Kennon Jones, Trustee, upon request
of Charles +. Spotswood, was empowered to sell
ealo unqlvloeo one-tnlra interest at public auc-
ton and to apply the proceeds derived there
from TO the payment Of said note and accrued
interest thereon. For reference to said deed Of
trust t see Z: n B. No le5 folio Y. etc. one Of
g. That upon maturity Of said note the same
yes hs asIS S M FaE aba
was thereby dishonored by said Charles +. Nal
4. That the petitioner continued to make re-
peated demands upon Charles +. Mallory and
wife, until IN the latter part of the year 1900
kennon Jones. Trustee, died intestate, leaving
Godfrey Jones, an infant, and his widow, Ed
wardine G.. Jones.
8. That since the death Of Kennon Jones.
Trustee, SAID note has been nadverfentlv Lost
tinued to make repeated demands upon pom said
the same. but that they have utterly refused to
pay the same or the accrued interest thereon or
any portion thereof.
have SAID undivided one-third interest of Charles
+. 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 Kenn0n
Jones, Trustee, and the consequent vestinR Of
the legal title to said tract of land in his heir at
law and eldest son, H. Godfrey Jones, who is 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 it would be for the benefit
and advantage Of all concerned that the trust
| ceased, be placed in the hands OF Trustee or
| Trustees who should administer the same sub
| ject to the supervision of q court Of equity.
The bill then prays- ~ +
]. That q Trustee may be appointed ia the
| place and stead of KennOn Jones, Trustee, de-
| ceased; and s.
| 2. That said undivided one-third interest OF
Charles +. Mallory and Susan e. H. Mallory 10
| 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
D. 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 10 Equity, ordered that the petitioner. by
/ causing copy of this order to be published IN
| some newspaper published In Baltimore county
once week for four successivee weeks. before
/ the 18th day of September, 1904, give notice to
/ the above named respondents, Charles #. NAL
lory, Susan e. II. Mallory, his wife, and H. God
| frey Jones, infant son Of Kennon Jones. Trus-
tee. deceased, informing them of the object and
substance Of this bill and warning them to be
| and appear In this court,
On or before the 9Th day Of September, 1904,
| to show cause, if any there be, why decree
| should not be passed as prayed.
WILLIAM P. COLE, Clerk.
WILLIAM p. COLE, Clerk.