The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-12-10
In the Circuit Court for Cecil County in Equity.
No. 1888.


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 acerian John Keilholtz on the
18th day oil May, 1905. which purports to convey
his personal and real estate 10 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 K. 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 T. b. Moore. +. 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 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 elswhere
beyond the jurisdiction Of this Court.
That being so seized and possessed the said
John Keilholtz on or about the 18th day of May,
in the year nineteen hundred and three, was un-
duly influenced to sign n certain paper purport-
ing to be a Deed of Trustand protesting to convey
the whole of his real and personal estate to Lewis
ii. Kirk OF Chester County, in the State OF Penn
sylvauia, in trust for the said John Keiholtz 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 i'll the pretended Deed OF Trust as
will appear by certified copy of same recorded
among the Land Record Books of Cecil County
in Liber j. G. W.. No. a. Folio 49, etc, which is
herewith filed as part hereof marked Exhibit
AZ.
That aftcr the death of the said Iob, U.;ti,o,,.
and Emma Keilhotz his wife. the pretended
Deed of Trust distributes the real and personal
estate of the said John Keilholtz, after the pay
ment of all expenses incident to the management
OF said estate including the payment of counsel
and attorney fees, also commission of eight per
cent. (s) 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 X. Moore,
4. Beatrice Patton, Clara Lyons, Lillian Rober-
son and l.. Hugh kcilholtz, he to receive Fifteen
hundred dollars (siooo.l less than each of the
above named children for his proportion and d.
vision OF said net proceeds
Your orators by the above distribution and by
the terms of said pretended Deed OF Trust. are
thereby disinhcritcd and cut off from any share
in The estate of their father without any reason
or justification: that the said John Kelholtz was
before and at the time oi the signing OF this pre-
tended Deed of Trust afflicted with disease. and
coupled with his advanced age was not only ill.,
firm in body but his mind was SO enfeebled and
impaired as to render him unfit for the transac-
making u valid deed contract and so he re-
manned up to the day OF his death.
That during the continuance of the iniirmity
OF the said John Keilholtz and during his inn
beclity and incapacity aforesaid, being then
al the age OF s. years, he was unduly influenced
to sign the paper purporting 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 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 Keilhotz
That the said pretended Deed of Trust was Sc
cured by undue influence at the time
the said John Keilholtz was wholly incapable OF
making n valid deed and contract. and being
wholly without legal consideration and 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 "a their case
may require.
1t 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
some newspaper published in Cecil County once
a week in each of four successive weeks before
the First day of January next, giving notice to
the said Annie jenkins and Henry Jenkins, her
husband, Clara Lyons and William Lyons, her
husband, and Lewis H. Kirk, trustee, who are
non residents of this State, and warning them Ia
appear i'll this Court in person or by solicitor on
or before the Seventeenth day OF January next. to
answer this bill and TO show cause, If any they
| have why a decree shall not pass prayed.
CECIL KIRK, Clerk
True Copy-Test