The citizen. (Frederick City, Md.) 1895-1923, 1910-07-29
Court News.

Henry K. c. Fox, through his attor-
neys, Urncr & Urner, has pettoned the
court asking for an order requiring the
trustees appointed to sell the real estate
OF the late Joseph w. Gaver to state an
audit and distribute the proceeds of the
sale. The court has passed an order
requiring the trustees to state an audit
distributing the proceeds of the sale on
or before August SYST. or show cause
before that date.
]. Roger McSherry, through his attor-
neys, hessrs. Stoner & Weinberg, has
tiled petition in court asking that the
decree OF June 3oth, 1910, requiring him
to pay $Ioo per month as alimony and
for the support and maintenance
OF his children (from which decree an
appeal was taken to the Court of Ap-
peals on the grounds that the circuit
court had no Jurisdiction in the matter
which court decided adversely to Mr..
McSherry and remanded the cause. be
set aside, vacated and annuled, because
the same was passed upon a misappre-
hension of the real facts.
Mr.. McSherry alleges that among
other things that the statement in his
former wite's petition fora alimony, ETC..
TO the effect that he is earning $4,000
annually is false, and that his salary
amounts to only $I6o per month; that he
should not be required to contribute to
his former wifes support, because of
his financial status and her own inde-
pendent means and resources He also
alleges that this court proceeding to-
gether with the conduct of Cornelia
Ringgold McSherry in connection there
with, is not SO much from necessity as il
is a method or opportunity in line with
her expressed desire and determination
to harass and annoy the petitioner in
every possible manner and form; and es-
peclally should he not be required to
contribute anything to the support of his
former wife, because, as he alleges, she
is about TO be remarked, and has ex-
pressed her intention OF so doing.
Mr. McSherry further alleges that his
former wife has not only boastingly de-
clared that she would not accept any
thing from the petitioner, but has per
sistently refused to allow him to see in
person or have any communication with
any OF his children or to permit them to
accept anything from him. On several
occasions within the two past wears he
has made trips to Frederick for the sole
purpose OF seeing his children, and used
every effort possible on each one of
these occasions to see them, but his
former wife refused to permit him to see
ms children or permit them to accept
ANYTHING from him or allow them to see
nm. He has frequently attempted to
communicate with his children by letter
and otherwise, but invariably the letters
and momentoes have been summarily
returned to him with the message from
the said Cornelia Ringgold McSherry
that she would never allow the children
to accept anything from the petitioner
or hoid any communication with him.
And she tlnally instructed the teacher in
the school which the children were at
tending, to discontinue the sending of
monthly reports to him.
Mr.. McSherry claims that under these
circumstances that he should not be
required to contribute anything to the
support OF his former wife, and if he is
compelled to support his children, then
he asks that the decree of June 3oth be
modified in this respect, so as to accord
him the right and privilege of the care
and custody of each child for at least
three months of each wear. He asks for
the right at all times to communicate
with his children by letter and the privi-
lege OF seeing them at other times than
during the three months period men,
toned; that he may be consulted with
regard to their education and have the
right to visit them at any school that
they may be attending.
Mr. McSherry further contends that.
the decree Of June goth, 1910, is neither
conclusive determination of the award
for allmony, etc, nor is it irrevocable.
and that the same is subject at times to
the power of the court to make alterna-
tons or notifications therein.