The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-12-17
In the Circuit Court for Cecil County, in EQUITY
No. 29jS.

The object Of this bill is TO procure decree of
the Circuit Court for Cecil County, in Equity.
annulling and setting aside pretended Deed of
Trust executed by acertain John Keilholtz on the
18th day OF May. 1908. which purports to convey
his personal and real estate to Lewis II. Kirk,
Trustee.
The Bill Of Complaint alleges that the said
John Keilholtz departed this life in the year
nineteen hundred and nine, leaving a widow, EN-
ma Keilholtz, and the following children, your
Orators Charles Keilholtz and William X. Keil-
holtz, Jane Kirk. formerly Jane Keilhoitz widow,
Carrie c. Cameron whose husbands name is Nor
ris c. Cameron. Isabella Stephens whose hus-
bands name is John Stephens. Mae X. Moore
whose husbands name is I. b. Moore, f. Bea-
trice Patton whose husbands name is Branch
Patton. +. Hugh Kelholtz. Lillian Robertson
whose husbands name is Harry Robertson. all Of
whom are adults and all of whom reside in Cecil
County. Maryland, with the exception of Annie
jenkins and Henry jenkins, her husband who
are adults and reside in the State of New Jersey,
Clara Lyons and William Lyons, her husband
who are adults and reside in the State of Penn
sylvania or elsewhere beyond the jurisdiction of
this Court, and Lewis II. Kirk, Trustee. who also
resides in the State of Pennsylvania or elswherc
beyond the jurisdiction of this Court.
That being seized and possessed the said
John Keilholtz on about the 18th day of May
in the year nineteen hundred and three. was I'M
duly influenced TO sign certain paper purport-
ing TO be a Deed of Trustand protesting to convey
the whole OF his real and personal estate to Lewis
H. Kirk, OF Chester County, in the State OF Penn
sylvania, in trust Tor the said John Keilholtz for
and during the term OF his natural life, and in
the event OF his wife. Emma Keilholtz. survived
him then all the income from his real and per-
sonal estate to her Tor and during her natural
life, ard after her death the trust thus created to
be terminated and ended in the way and manner
as set forth in the pretended Deed of Trust, as
will appear by a certified copy of same recorded
among the Land Record Books of Cecil County
in Lber ]. G. W.. No. IA, Folio 49, etc.. which is
herewith filed part hereof marked Exhibit
"A".
That after the death of the said John Keilhoitz
and Emma Keilholtz, his wife. the pretended
Deed of Trust distributes the real and personal
estate of the said John Keilholtz, afser the pay
ment of all expenses incident to the management
OF said estate including the payment of counsel
and attorney ices. also comni ssion of eight per
cent. ~ to the said Trustee, TO the following
named children of the said John Keilholtz share
and share alike, Jane Kirk Annie Jenkins, Carrie
{. Cameron, Isabella Stephens, Mae K. Moore
Il. Beatrice Patton Clara Lyons, Lillian Rober-
son and E. Hugh Keilholtz he to receive Fifteen
hundred dollars lsi50o.) less than each of the
above named children for his proportion and di-
vision OF said net proceeds.
Your orators by the above distribution and by
the terms OF said pretended Deed of Trust, are
thereby disinheritcd and cut off from any share
in the estate of their father, without any reason
or justification: that the said John Keilhotz was
before and at the time Of the signing of this pre-
tended Deed of Trust afflicted with disease, and
coupled with his advanced age, was not only in
firm in body but his MUD was so cnfeebled and
impaired as 10 render him unfit for the trausac-
ton OF any business and wholly incapable of
making valid deed contract, and SO he re-
manned up to the day OF his death.
That during the continuance of the inhrmity
OF the said John Keilholtz and during his i'm
becility and iucapacity as aforesaid. being then
at the age OF SO years. he was unduy influenced
to sign the paper pitrporting TO be a Deed of
Trust.
That the said pretended Deed of Trust unless
set aside and annulled by this Honorable Court,
will deprive your Orators OF all their rights and
interest oil every sort 10 which they are legally
entitled and prevent them from receiving from
the estate OF their father equal amount with
the rest OF the children OF the said John Keilholtz
That the said pretended Deed of Trust was Sc
cured by undue influence at the time
the said John Keilhoitz was wholly incapable of
making valid deed and contract and being
wholly without legal consideration aud void. the
same should be set aside by this Honorable
Court.
The Bill then prays that the said pretended
Deed OF Trust may be annullcd and set aside by
decree OF this Court, and that your Orators may
have such other and further relief as their case
may require.
II is thereupon ordered by the Court this twenty
ninth day of November, 1910, that the complain
ants cause copy of this order together with the
object and substance OF the bill to be inserted in
some newspaper published in Cecil County once
a week III each oil four successive weeks before
the First day of January next, giving notice 10
the said Annie Jenkins and Henry Jenkins, her
husband, Clara Lyons and William Lyons, her
husband and Lewis IL. Kirk, trustee, who are
non-residents OF this State, and warning them to
appear in this Court in person or by solicitor on
or before the Seventeenth day of January next, 10
answer this bill and TO show cause, if any they
have, why decree shall not pass as prayed.
True copy-Test:
3dec 5w CECIL, KIRK Clerk