Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1912-05-03
In the Circuit Court for Montgomery county.
No. 1924 Equity.

decree OF the Circuit Court for MONTGOMERY
County. as a Court Of Equity, removing
Christian j. UbhOff from the trusteeship
and to direct Frank Higgins, the remaining
trustee, to sell the property under certain
deed of trust from William T. Davidson
and Salvatore M. Davidson, his wife, to said
trustees.
The Bill states in substance as follows
That the oratrix, Leila l.. Snowden, re-
sides in the District of Columbia, that
Frank Higgins resides in MONTGOMERY Coun-
ty, Maryland, and that the defendants
Christian J. Ubhoff, William 7. Davidson
and Salvatore M. Davidson, his wife, re-
side in the District of Columbia.
That the said William T. Davidson be-
came indebted unto a certain Augusta
KEGS in the sum of two thousand and fifty
dollars, for which he made and delivered
to her his promissory note, dated April 80,
A. d. 1910, payable to the order of Augusta
KEGS on or before one year after date, with
interest thereon at the rate of six per cent
per annum, payable semi-annually at the
United States Trust Company, Of Washing
ton. ID. C., and that in order to secure said
promissory note said William I. Davidson
and Salvatore NJ Davidson, his wife. con-
veyed by deed of trust, dated the 3Oth
day of April. A. D. 1910, and recorded in
Liber No. 213, folios $3.50 ct sea-, one of
the land records of Montgomery County,
Lot No. 1870 in H. M. Martins Third Addi
ton to Chevy Chase, Maryland, to the said
Christian j. Ubhoff and Frank Higgins,
Trustees. in and upon certain trusts therein
more particularly set out, among which is
the following. to wit: Upon any default
or failure being made in the payment of
said note, or Of any installment of principal
or interest thereon when and as the same
shall become due and payable, or upon
default being made in the payment, after
demand therefor of any money advanced
as herein provided for OF of any proper
cost, charge, commission or expense in and
about the same, then and any time there
after the said parties of the second part or
the survivor or the trustee acting in the
execution of this trust shall have the power
and 1t shall be their duty or his duty there
after to sell and to convey the same in
fee simple to the purchaser or purchasers +"
&c, &c, duly certified copy of said deed
of trust being filed with the bill and marked
Exhibit No. l."
That on the 3lst day of May, A. D. 1911,
the said Augusta Rees duly assigned TO
your oratrix. Leila L. Snowden, the said
promissory note mentioned and described
in paragraph No of the bill by deed of
assignment, dated the 3lst day Of NAV, A..
d. 1911, and duly recorded among the Land
Records of said Montgomery County, in
Liber No. 22l at folio PSI. duly certified
copy of said deed of assignment is also
| filed with the bill and marked Exhibit
No. g.
That default has occurred in the pay
ment OF the principal and interest of the
said promissory note so as aforesaid Sc
cured, and your orators have requested
Christian j. Ubhof and Frank Higgins
trustees as aforesaid, to sell said property,
as II became their duty SO to do, although
the said Frank Higgins has expressed his
willingness to execute the trust repOsed in
him, yet so II is, and in fact your orators
aver that the said Christian j. Ubhoff
though often importuned and requested tC
execute the trust reposed in him by said
deed OF trust, has wholly refused and still
refuses to act with his co-trustee, the said
Frank Higgins, in the execution of said
trust.
Your orators are remediless without the
aid Of your Honorable Court in the prem.
ises, and therefore seek relief by havinl
the said Christian j. Ubhoff removed from
said trusteeship, and by directing the sale
Frank Higgins, as sole trustee, to execut,
said trust for the purpose of making sal,
OF the property mentioned in said deed o.
trust. The Bill prays that decree ma,
be passed for the removal of the sale
Christian J. Ubhoff from the trusteeshiI
and directing the said Frank Higgins a,
sole trustee TO execute said trust BY sellinl
the property for the payment of the deb
due the beneficiary and for other relief.
II is thereupon the S0th day of April A
D. 1912, ordered by the Circuit Court fol
MONTGOMERY County, in Equity, that tho
plaintiffs by causing copy of this or,ie
TO be inserted in some newspaper published
IN said Montgomery County, once in eacl
OF four successive weeks before the list da,
OF June, 1912, give notice to the said ali
sent defendants of the object and substanc,
OF this bill, warning them TO appear in thi,
Court in person or by solicitor on or before
the 22nd day Of June next to show cause
II any they have, why decree ought no,
TO be passed as prayed.
JOHN L. BRUNETT, Clerk
Circuit Court for Montgomery county
True copy--Test:
JOHN L. BRUNETT,
I NAV Sid rla.L