The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-12-24
In the Circuit Court for Cecil County, in EQUITY
No. 1888.

The object of this bill is 10 procure a decree of
the Circuit Court for Cecil County, in Equity.
annulling and setting aside pretended Deed of
Trust executed by acertain John keilhotz on the
18th day oil 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 widow, En-
ma Keilholtz, and the following children, your
Orators Charles Keilholtz and William X. Keil-
holtz, Jane Kirk, formerly Jane Keilhotz, widow
Carrie c. Cameron whose husbands name is Nor
ris c. Cameron. Isabella Stephens whose hus-
bands name is John Stephens, Mae K Moore
whose husbands name is 7. b. Moore, L. Bea-
trice Patton whose husbands name is Branch
Patton +, Hugh Keilholtz, Lillian Robertson
whose husbands name is Harry Robertson, all Of
whom 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 elswlere
beyond the jurisdiction OF this Court.
That being so seized and possessed the said
John Keiholtz on or about the 18th day of May,
in the year nineteen hundred and three was I'M
duly influenced to sign a certain paper purport-
ing to be Deed of Trustand protesting 10 convey
the whole of his real and personal estate to Lewis
ii. Kirk, OF Chester County, in the State OF Penn
SylVaua IN trust lot the sara JOnn ke1lnOltZ fOr
and during the term of his natural life, and in
the event of his wife, Emma Keilholtz. survived
him then ell the income from his real and per-
sonal estate to her for 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 certified copy OF same recorded
among the Land Record Books OF Cecil County
in Jiber J. q. W.. No. IA, Folio l79. etc. which is
herewith filed as part hereof marked Exhibit
Az.
That after the death Of the said John Keilholtz
and Emma Keiholtz, his wife. the pretended
Deed of Trust distributes the real and personal
estate of the said John Kelholtz, after the pay
nent OF all expenses incident to the management
of said estate including the payment of counsel
and attorney fees also a commission OF eight per
cent. Isl to the said Trustee, to the following
named children of the said John Keilhotz share
and share alike Jane Kirk Annie Jenkins, Carrie
{. Cameron, Isabella stephens, Mae X. Moore,
T.. Beatrice Patton, Clara Lyons Lillian Rober-
son and +. Hugh Keilholtz, he to receive Fifteen
hundred dollars (sI5o0.) 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 disinhcrited and cut off from any share
in the estate of their father, without any reason
or Justification: that the said John keilholtz 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 mind was so eneebled and
ton of any business and wholly incapable Of
making valid deed or contract, and so he re-
manned mp to the day of his death.
That during the continuance OF the iniirmity
OF the said John Keilholtz and during his i'm
becility and incapacity as aforesaid. being then
at the age of 50 years lie was unduly influenced
to sign the paper purporting TO be Deed OF
Trust.
That the said pretended Deed of Trust unless
set aside aud annulled by this Honorable Court.
will deprive your Orators of all their rights and
interest of every sort TO which they are legally
entitled and prevent them from receiving from
the estate of their father an 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 al The time
the said John Keilholtz was wholly incapable OF
making a valid deed and contract. and being
wholly without legal consideration and void, the
same should he set aside by this Honorable
Court.
The Bill then prays that the said pretended
Deed oil Trust may he annuled 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 complains
ants a copy of this order together with the
object and substance OF the bill to be inserted in
| some newspaper published in Cecil County once
| q week i'll each oil four successive weeks before
| the First day of January next giving notice &c
| the said Annie jenkins and Henry jenkins, her
| husband, Clara Lyons and William Lyons, heI
| husband, and Lewis III. Kirk, trustee, who are
non residents of this State, and warning them &c
appear in this Court in person or by solicitor on
or before the Seventeenth day of January next, &c
| answer this bill and 10 show cause, if any they
| have, why decree shall not pass as prayed.
CECIL KIRK, Clerk
Trlie copy-rest
| 3deC 5w CECIL KIRK, Clerk.