The citizen. (Frederick City, Md.) 1895-1923, 1906-11-16

johnson his wife, if living, and if dead to
the unknown child or children of the said
Stapleton johnson and to the child or chill
dren of any child or children of the said
Stapleton Johnson -Johnson
his wife; and to the unknown child or hill
dren of Rebecca johnson brothers and sis
tiers of Stapleton Johnson non resident de-
PENDANTS i'll the above entitled cause of the
substance and object of the Bill of Com
plant filed IN this cause. The bill alleges
that one S. Francis Miller, late of Howard
County and State of Maryland died seized
and possessed of a dwelling house and lot
of ground on North Market street in Fred
erick City, Maryland, leaving last will
and testament, by and in which he devised
said house and lot of ground together with
all other property of which he died seized
to his wife Maria Walters Blunt, Miller, in
trust for his daughter Marie Woodward
Miller his said wife to use the rents, issues
and profits arising from the renting thereof
for the benefit of the said Marie Woodward
Miller and herself, but with no power to
ALLEVIATE or dispose of said property except
to reinvest the same, and on the death of
either his said wife or daughter his said
property is to vest immediately in the one
of them who survives fully and completely
and to be entirely subject to the disposition
and control of such survivor after such sur
vlvor arrives Mt the age of thirty five wears
but before such survivor arrives at
said age of thirtNtive years of aye
she may have power to reinvest hut in
case of necessity only. But if said sur
vivor be incompetent to dispose of or fail to
ankle DISPOSE ion of said property then said
property is to vest as follows Entirely in
any child or children descendants of INV
said daughter to take by representation. if
it should he that leave more children than
the said daughter then said property shall
vest in all them together precisely as mem
toned and provided in her individual case
If there he no descendants of my said
daughter or any children that might leave
as aforesaid then one forth of my property
to vest in my cousin Thresat sa A. Bowers
OF Prescott, Arizona, and one fourth in nv
cousin Stapleton johnson of FRANKFORT.
Kentucky, if he be at such time living and
if not living then said one fourth shall vest
in any child or children of his or their de-
scendantS by representation and if there be
no such child or children descendants of
such then in his brothers and sisters at such
time living, children of the Testators aunt,
Rebecca Johnson deceased sister of Testa-
tors father also formerly OF FRANKFORT,
Kentucky. And the other half shall vest
III such sisters or sister of my wife as NAV
be unmarried at such time and worth less
than five thousand dollars each, but if there
be no such unmarried sisters of my wife as
then said half shall vest equally
i e share and share alike in all such broth.
ers and sisters of my said wife as may be
living at such time. The Bill then alleges
that SAID will Suly admitted to probate in
the Orphans Court for Howard County,
Maryland, and that the Testators wife
Maria Walters Blunt. Miller and the Testa-
tors daughter Marie Wood ward Miller sur
vived him, and that the said Maria Walters
Blunt Miller qualified and entered upon
the discharge of her duties as trustee under
the said will. And that the said Maria
Walters Blunt, Miller departed this life
about the year 1904 leaving surviving hert
said Marie Woodward, Miller, unmarried
without children and under the age of thirty
five years; and that Charles c. McColgan
was by the Circuit Court for Baltimore
County Maryland, sitting as a Court of
Equity, which court had assumed iurisdic-
ton OF said trust estate, appointed Trustee
IN the place and stead of the said Maria |
Walter Blunt, Miller deceased That said
trust estate consists in large part ola dwell |
ing house and lot of ground situate and
being in Frederick City, Maryland, which |
in past years has yielded small net in
come for the use of the cestui-que.trists
under said WILL that said property is i'm
mood nT e, "a
tenantable condition and that there is no
fund from which the Trustee can make |
SAID repairs. That the Trustee with the
consent of the cestui-que-trust has entered
into an agreement to sell said dwelling |
house and lot Of ground to one g. Mantz |
Besant at and for the sum of 81, 900. 90. |
The Bill then alleges that it would be to |
the best interest and benefit and advan- |
tageous to all the parties having any inter }
est in this dwelling house and lot of ground |
that the Court ratify and confirm the con- |
tract OF sale of said property to the said G..
MantZ Besant and that a Trustee be an |
gOinted by the Court TO make such deed for |
said property conveying same in fee simple !
% the said purchaser upon the payment by |
hem of the purchase price agreed to be |
paid therefor. 2ABill then alleges that
the said Thresesa A. Bower sui dead her
children and unknown heirs or her' nus
band if living are non-residents of the State
of Maryland. That Stapleton johnson if
living or -- johnson his wife or if he
be dead than his children or the descendants
of any deceased child or children if any
there he or the said Stapleton Johnsons,
brothers and sisters, if any he had or has
are likewise nOn-residents of the State of
Maryland That the other parties to said
bill, to wit Marie Woodward, Miller cestui-
que-trust and the sisters of his wife, to wit,
Annie Blunt and Sadie Blunt are residents
of this State and that he does not know any
other brothers or sisters of Mrs. Maria Wal
tiers Blunt Miller, wife of the testatOr.
And that the Trustee is not certain what
interest the parties named in said will of s.
Francis Miller have in said property and
asks the Court to construe LIST and 2nd
clauses of said will.
The Bill then prays for the following re-
lief:
That the contract for the sale of the said
dwelling house and lot of ground made be-
tween Charles c. McColgan, trustee of
Marie Woodward Miller and the said G..
Mantz Besant be ratified and confirmed by
the Court and that trustee he appointed
by the Court to convey said dwelling house
and lot of ground to the said G. Mantz Be-
cant when the said G. Mantz Besant pays
unto the said Trustee so appointed to con.
vey the full purchase price to be paid
therefor as set forth in said contract 81
ratified and confirmed by the Court And
that said trustee pay over to said Charles c.
McColgan, trustee, the said sum of 81, 900 &c
less the necessary expenses of this proceed
ing including reasonable counsel fee t.