The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1904-08-27

The object of these proceedings is to procure
the appointment of Trustee instead of Kenn0n
Jones. Trustee, deceased, and a decree for tne
Charles f. Mallory and Susan e. H. Mallory, MS
wife, in tract OF land containing eighteen acres.
situate in Baltimore county, about two miles
northwest of Owings' Mill.
i. That Charles F. Spotswood is a resident Of
the city of New York, State of New York, ana
lory, his wife, and H. Godfrey Jones. infant son
of Kennon Jones, Trustee, deceased, are all nom
E. That on I January % Sist, is5s, Charles F. NAL
lory and wife executed unto Charles +. Spots
wood their promissory note of even date Tor
Spotswood to said Charles F. Mallory and wife.
payable three months after date at the banking
house of John s. Cuttings 81 Company. Balzl-
Charles f. Mallory and wife executed q deed Of
trust to one Kennon Jones, as Trustee, convey
tract of land containing eighteen acres, situate
in Baltimore county, State of Maryland, about
two miles from 0wings' Mills, adjoining the
Y. Dolfeld, being the same tract of land con-
veyed to Charles +. SpOtsw0od. w. ]. Bohaunan
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. g.,
No. 177. folio 329 etc. and in event of default by
Charles Cha F. Mallory and wife in the payment Of
on, then Kennon Jones, Trustee, upon request
of Charles +. Spotswood, was empowered to sell
INTEREST
tion and to apply the proceeds derived there
from to the payment of said note and accrued
interest thereon. For reference to said deed of
the Mortgage Records of Baltimore county.
3. That upon maturity of said note the same
was duly presented for payment by the petit
tiOner, but payment was refused and the same
was thereby dishonored by said Charles F. NAL
lory and wife.
:.I 4 That the petitioner continued to make re,
wife, until in the latter part of the year 1900
Kennon Jones, Trustee, died intestate, leaving
n nm surviving as heir at law his eldest son. H.
wardine G. Jones.
5. That since the death of Kennon Jones,
or destroyed, but that the petitioner has con- on
tinued to make repeated demands upon said
Charles f. Mallory and wife for the payment of
pay The same or the accrued nteres 6ereon or
any portion thereof.
8. That therefore the petitioner is entitled to
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, 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
Hereunder, and that it 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 Trustee or
Trustees who should administer the same SUBJ
ject to the supervision of q court Of equity.
The bill then prays-
/. That a Trustee may be appointed in the
place and stead of Kennon Jones, Trustee, de-
ceased and
2. That said undivided one-third interest of
Charles F. Mallory and Susan e. H. 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
3. That the petitioner may have such other and
further relief as his case may require.
1t is thereup0n. this 10th day of August 1904,
by the Circuit Court for Baltimore county, sit
ting in 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 successives weeks. before
the 18th day of September, 1904, give notice to
the above named respondents, Charles r. NAL
lOry, Susan e. H. Mallory, his wife, and H. God
frey Jones, infant son or KennOn Jones, Trus-
taR-sdaneesoz tniS U7i=sl.tk ae
and appear in this court,
On or before the 37tb day of September, 1904,
to show cause. if any there be, why decree
should not be passed as prayed.
WILLIAM P. COLE, Clerk.
True Copy-Test:
WILLIAM P. COLE, Clerk.
Aug. 13.-5t