Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1912-05-24
In the Circuit Court for Montgomery county
No. 1924 Equity.

THE OBJECT of this suit is to obtain a
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 T. 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
Rees 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
Rees 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, d. c., and that in order to secure said
promissory note said William T. Davidson
and Salvatore M. 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 Add
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 or 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 it shall be their duty or his duty there
after to sell and to convey the same in
fee simple to the purchaser or purchasers, I"
&c, &c, duly certified copy of said deed
Of trust being filed with the bill and marked
Exhibit No. /"
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 31st day of May, A.
D. 1911, and duly recorded among the Land
Records of said Montgomery County, in
Liber No. 221 at folio PSI, a 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. Ubhoff and Frank Higgins,
trustees as aforesaid, to sell said property,
as it became their duty so to do although
the said Frank Higgins has expressed his
willingness to execute the trust reposed in
him, yet so it is, and in fact your orators
aver that the said Christian j. Ubhoff,
though often importuned and requested to
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
lses and therefore seek relief by having
the said Christian j. UbhOff removed from
said trusteeship, and by directing the said
Frank Higgins, as sole trustee, to execute
said trust for the purpose of making sale
OF the property mentioned in said deed of
trust. The Bill prays that decree may
be passed for the removal of the said
Christian j. Ubhoff from the trusteeship
and directing the said Frank Higgins as
sole trustee to execute said trust by selling
the property for the payment of the debt
due the beneficiary and for other relief
1t is thereupon the 30th day of April A.
D. 1912, ordered by the Circuit Court for
Montgomery County, in Equity, that the
plaintiffs by causing copy of this order
to be inserted in some newspaper published
in said Montgomery County, once in each
OF four successive weeks before the LIST day
Of June, 1912. give notice to the said alb
sent defendants of the object and substance
OF this bill, warning them to appear in this
Court in person or by solicitor on or before
the 22nd day of June next to show cause,
If any they have, why decree ought not
to be passed as prayed.
JOHN L. BRUNETT, Clerk
Circuit Court for Montgomery county.
True copy-Test:
JOHN L. BRUNETT,