The citizen. (Frederick City, Md.) 1895-1923, 1906-10-26

OF ground on NOrln Market street III freu- /
erick City, Maryland leaving a 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 renvest 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
vivor arrives ut the age of thirty five years
but before such survivor arrives ut
said age of lhirty-live years of aye
she may have power to reinvest but in
case of necessity only. But if said sur
vivor be incompetent to dispose of or fail to
ankle disposii ion of said property then said
property is to vest rs follows. Entirely in
any child or children descendants of my
said daughter to take by representation, if
it should be that leave more children than
the said daughter then said property shall
vest in all them together precisely as men
toned and provided in her individual case.
II there he no descendants of my said
daughter or any children that might leave
as aforesaid then ono forth OF my property
to vest in my cousin Thresaesa A. Bowers
OF Prescott, Arizona, and one fourth in my
cousin Stapleton Johnson of Transport,
Kentucky, if he he at such time living and
| il not living then said one tourth shall vest
in any child or children of his or their de-
scendants by representation and it there he
no such child or children descendants of
such then in his brothers and sisters at such
| time living, children of the 1estators aunt,
Rebecca johnson deceased sister of Testa-
tors father also formerly OF FRANKFORT.
| Kentucky. And the other half shall vest
! in such sisters or sister of my wife as may
! be unmarried at such time and worth less
| than five thousand dollars each, but if there
be no such unmarried sisters of my wife rs
aforesaid 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, aud that the Testators wife
Maria Walters Blunt, Miller and the Testa-
tors daughter Marie Woodward Miller sur
vived him, and that the said Maria Walters
Blunt, Miller qualified and entered upon
! the discharge of her duties rs trustee under
I the said will. And that the said Maria
Walters Blunt, Miller departed this life
about the year 1904 leaving surviving her the
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 Court of
| Equity, which court had assumed lurisdic-
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 in
need of repairs necessary to maintain it in
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. hantz
/ Besant at and for the sum of 81, 600. co.
| 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 APP
gointed by the Court to make such deed for
said property conveying same in fee simple
to the said purchaser upon the payment by
| them of the purchase price agreed to be
paid therefor. The Bill then alleges that
the said Thresesa A. Bowers or if dead her
children and unknown heirs or her hus-
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 be 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 G. McColgan, trustee of
Marie Woodward Miller and the said g.
Mantz Besant be ratified and confirmed by
the Court and that q trustee be 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 50
ratified and confirmed by the Court. And
that said trustee pay over to said Charles c.
McColgan, trustee, the said sum of 81 900. 0C
less the necessary expenses of this proceed
ing including reasonable counsel fee X
the Solicitor for filing this Bill and thu
usual commissions allowed to Trustees fol
making sales in Chancery proceedings, anC
said funds be reinvested as is provided il
the Public General Laws of Maryland
Article 16, sec. 1893 of said laws as codife,
in 1885, And that 1st and 2nd clauses q
S. Francis hiller's will be construed by tn
Court, and for general relief
The Bill then prays for the followin
, process:
E That writ of subpoena issue in tn
|, usual form against the said resident defenC
4 ants and that an Order of Publication issu
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