The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1908-02-29
IN THE

The object of this suit is to obtain a decree,
constituting the last will of Andrew Henderson,
late OF Philadelphia. Pennsylvania, deceased to
sell, and also to lease the undivided interest of
the infant defendants in the vacant and inn
proved land, devised by the will of the said An
drew Henderson, to execute deeds to lessees for
reversions on redemption of ground rents of
leased land. and for the appointment of Trus-
tee or Trustees to execute and deliver such deeds
of conveyance as NAV be needful to carry the
decree of the court into effect.
The bill of complaint alleges that Andrew Man
leaving will. dated the Both day of December,
1850, which will was duly probated and an ex-
the IS e
with the bill.
That at the time of his decease the said Andrew
Henderson was seized, in bis own right, of large
estate in real property in Baltimore county,
Maryland, consisting of sundry parcels of vacant
land and the reversions in ITO separate lots of
ground, on which are reserved, by leases, ITO
separate yearly rents, amounting in all, to the
sum of So 22.3O; and was also seized of an undi-
vided one-half interest with James Henderson
in sundry vacant lots of ground, four lots i'm
proved by the dwelling houses Numbers 1902,
1904, 1905 and 1910 Highland avenue. and the re-
versions in Is separate lots of ground on which
are reserved, by leases. Is separate yearly rents.
amounting in all to the sum of $1,094.58 all of
which property is in fee simple and is situate in
Baltimore county, Maryland, and comprises
part OF the rest and residue of the estate of said
Andrew Henderson.
That by his said will the said testator devised
all the rest and residue of his estate unto the de-
PENDANTS, Thomas M. Montgomery and Ella Man
derson, the executors named in his will, upon
trust TO pay one full ninth part of the net income
thereof unto his grandson, Augustus Carroll
Snyder. during the life time of the testator's
wife, Ann Henderson, and after her death two
full fifteenths parts of the net income thereof
for and during The life of his said grandson, Au-
gustus Carroll Snyder; and from and after the
death of his said grandson. Augustus Corroll
Snyder, then in trust as to the share OF said resi-
due represented by him, to hold the same in trust
for the children of his said grandson.
20 rNE% said %nn
tator, and Augustus Carroll Snyder, his grand
son, are both now deceased, and that, by reason
of their death, and the true construction of the
testator's will. the defendants. Carroll M. Sny-
der and Elizabeth G. Snyder the only children
and descendants Of the testator's grandson, Au-
gustus Carroll Snyder, are now seized in fee of
two undivided fifteenths parts of the rest and
residue of the testator's real estate, lying in
Maryland. free and discharged of any trust, and
now hold said undivided interest in said real es-
tate as tenants in common with the defendants
Thomas M. Montgomery and Ella Henderson,
the executors and trustees named in the will of
That the defendants, Carroll M. Snyder and
Elizabeth G.. Snyder, are infants within the age
OF twenty one years rs ana O49 Of them are I'M
der, is their legal guardian, by appointment I'M
der an order of the Supreme Court of the county
of New York, in the State of New York. That
the real estate, situate in Baltimore county,
Maryland, in which the infant defendants are
interested, and which they hold as tenants in
common with the defendants, Thomas M. Mont
gomery and Ella Henderson, as executors and
trustees, is unproductive and of no profit to
them, and that 1t will be for the interest benefit
and advantage of the said infant defendants that
their undivided interest in said land and the i'm
proved lots be sold, or that the same be demised
for term of years. rene wable forever, or other
wise. yielding such rents and ON such terms and
conditions as the Honorable, the Circuit Court
for Baltimore county. in Maryland may direct,
and that to carry such purpose into effect it is
necessary that some proper person or persons
APPOINTED to nee nd fh
executor and trustees, the co-tenants of said
infants. in the execution, acknowledgment and
delivery of such conveyances as may be neces-
sary in the sale or demise of said land or any
part thereof.
That some of the yearly ground rents, in which
the said infants are entitled to an undivided in
terest are now. pursuant to law, redeemable at
the option of the tenant, and other of such rents
will be redeemabe from time to time, and that
there is no person, now legally authorized and
qualified by law, to receive the redemption
money and execute deeds for the reversions on
which such rents are reserved, and that it. is
therefore needful that some proper person or
persons be appointed to receive such money for
account of such infants and execute deeds of
such reverSiOnS.
That the defendants, Carroll NJ. Snyder and
Elizabeth G. Snyder, and the defendants, Thomas
M. Montgomery and Ella Henderson, are nom
residents of the State of Maryland.
The bill then prays-
THAT the will of the said Andrew Henderson
be construed, in so far as it concerns the rights
OF the infant defendants Hereunder.
2-That the interest and estate of the said in
FAINT defendants In the said real estate be sold
whenever 1t shall be deemed for their best inter-
est to make such sale, either in whole or in part
as opportunity and expediency may require or
suggest.
SThat the undivided interest and estate of
the infant defendants in the vacant land and in
the improved lots may. in conjunction and with
the assent of their Co owners, from time to Time
as there be occasion and opportunity, be leased
and demised for term of years, renewable for
ever, or otherwise, yielding such rents and on
such terms and conditions as the Circuit Court
for Baltimore county, in Maryland, may direct.
4-ThQt TruRtoe TruatQaa fO
receive the redemption money to which the in
FAINT defendants may be entitled, on the redemp-
ton of any of the ground rents in which they
have an interest," and that such Trustee or Trus-
tees be authorized. without the further order of
the Circuit Court for Baltimore county, in Mary
land. to execute and deliver all needful deeds,
conveying the reversions on which such rents
are reserved.
5-That Trustee or Trustees be appointed to
carry into effect the decree of the court as prayed
In the bill.
6-And for general relief.
1t is thereupon, this 28th day of February, 1908,
ordered by the Circuit Court for Baltimore
county that the plaintiff, by causing a copy of
this order to be published. once a week for four
1908. in some newspaper published in Baltimore
county, Maryland, give notice to the said Carroll
NJ. Snyder, Elizabeth G.. Snyder, Thomas Nj.
Montgomery and Ella henderson, non residents
stance of the said bill of complaint, and warn
them to appear in this court, in person or by
solicitor,
On or before the 10th day of April, 1908,
and show cause, if any they have, why decree
should not be passed as prayed.
WILLIAM P. COLE, Clerk.
True copy-Test:
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IA, Coua