Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1912-06-07


and Charles Yoe Freeman, Jr., Defend
ants.
In the Circuit Court for Montgomery county
as Court of Equity. No. 2141.
THE OBJECT of the petition of Francis
H. Dodge and Henry Henley Dodge filed
in the above entitled cause April 9th, 1912,
| is to procure a decree authorizing Joseph
| II. Bradley, Trustee of the estate of Henry
Henley Dodge, deceased, to disburse to each
one of the orators in said petition one
tenth portion Of the corpus of the estate of
the said Henry Dodge, deceased.
The petition states that Henry Henley
Dodge left last will and testament dated
the 25th day of June. A. d. 1891, and
which was duly admitted to probate and
record in the Orphans Court in the Su-
preme Court of the District of Columbia,
and duly certified copy of the same was
also filed with the Register of Wills in
Montgomery county, Maryland, and an
other duly certified copy was duly filed
with the original bill Of complaint in this
cause That by said last will and tesla
ment the testator provided amongst other
things as follows:
Il do hereby authorize and empower
the said Ysidora B. M. Dodge, Maurice j.
Adler and Harrison Howell Dodge and the
survivors and last survivor and the heirs
and assigns of such last survivor, accord
ing to their best judgment and discretion
to convey, assign, transfer and deliver
(according to the quality of said estate)
to any one or more Of my said children in
fee simple or other absolute estate, any
portion Of said rest or residue of my said
estate, not more than one-half U-2) &C.
cordingly as he or she or they may be ad-
vised that such conveyance, assignment,
transfer and delivery may be beneficial
and proper"
That the said Maurice j. Adler, Harrison
Howell Dodge and Ysidora B. M Dodge,
named in the said last will and testament
as Executors and Trustees. filed their re-
nunciation as such with the REGISTER of
Wills of Montgomery County, and that
Joseph II. Bradley was duly substituted as
Trustee Of the estate of the said Henry
Henley Dodge. The orators in said petition
further recite that they are children of said
decedent, citizens Of the United States, resi-
dents Of the city of Chicago, State of I'LL
nois, and that both are of full age. That
by the clause Of said will hereinbefore set
forth trust was created for the benefit of
such children of the said Henry Henley
Dodge to whom the transfer therein pro-
vided for, in the opinion of the therein
named trustees, as would be beneficial and
proper for the best interests of said children,
in fund, not more than one-half portion
OF the decedent's estate, from which said
child had been receiving the income and
revenue; and that the failure of the said
trustees to exercise the discretionary power
conferred upon them by the terms Of said
clause in said will, leaves them without
any remedy or relief save by petition to
this Honorable Court to execute said trust
as aforesaid. The orators further state
that the estate of Henry Henley Dodge,
deceased, now in the hands of Joseph H.
Bradley, substituted trustee as aforesaid
consists almost entirely of securities rep
resentine the proceeds of the sale of real
estate in Montgomery County, Maryland,
and amounts to about the sum of one hun
dred and fifteen thousand dollars ($il5,-
OOO.OO), Of which amount each one Of the
orators in said petition is entitled to be
paid one-tenth portion.
The proceedings in this cause were
amended on the 10th day Of August, A.
D. lSOS. and by such amendment James
Henry Dodge In Fairfax county, in the
state OF virginia, an infant under the age
OF twenty-one years was made a party 70
the bill and other proceedings, and were
further amended on the 9th day of June,
A. d. 1912. and by such last amendmen,
Ysidora Dodge Of the same place, and
Charles Voc Freeman, Jr., of Chicago, in
the State Of Illinois, both being infants
under the age Of twenty-one years, were
also made parties to the bill and Other
proceedings.
1t is thereupon this 9Th day of June, in the
year nineteen hundred and twelve, ordered
by the Circuit Court for MONTGOMERY coun
ty, in Equity. that the plaintiffs, by caus
ing copy Of this order to be inserted il
some newspaper published in said Mont.
gomery county, once in each of four sue
cessive weeks before the LIST day of August
nineteen hundred and twelve, give notice L
the said absent defendants of the object anC
substance of this bill warning them to ap
pear in this Court in person, or by solicitor
on or before the goth day Of August mex
to show cause. II any they have, why I
decree ought not to be passed as prayed
or said notice may be given by a copy O
this order being personally served on sale
absent defendants one month before tn,
day fixed for their appearance
JOHN l. BRUNETT, Clerk
Circuit Court for Montgomery county.
True copy-Test:
JOHN L. BRUNETT. Clerk.
S. DUNCAN BRADLEY,
Solicitor for petitioners.