Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1912-06-28

In the Circuit Court for Montgomery county,
as Court of Equity. No. 2l41.
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 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 a 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
cause. That by said last will and tesla
ment the testator provided amongst other
things as follows:
81 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
III,
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 (l-2) ac-
cordinely 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. NJ Dodge,
named in the said last will and testament
as Executors and Trustees. filed their re-
nunciati0n 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 ILL
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-fIalf portion
Of the decedents 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 tc
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 rea
estate in Montgomery County Maryland
and amounts to about the sum of one hun
dred and fifteen thousand dollars ($ll5
00O.00). Of which amount each one Of thu
orators in said petition is entitled to b,
paid one-tenth portion.
The proceedings in this cause wer,
amended on the 10th day of August, A
D. 1908, and by such amendment jaime,
Henry Dodge in Fairfax county, in tn,
State of Virginia, an infant under the age
OF twenty-one years was made a party 4
the bill and other proceedings, and wer,
further amended on the 9Th day Of June
A. D. 1912, and by such last amendmen
ASANOid bOuSc VI lIlc same place, anC
Charles Yoe Freeman. Jr.. of Chicago, il
the State Of Illinois, both being infant
under the age Of twenty-one years. wer
also made parties to the bill and othe
proceedings.
J 1t is thereupon this 9th day of June, in tn
l year nineteen hundred and twelve, ordere,
= by the Circuit Court for Montgomery coun
! ~, in Equity, that the plaintiffs, by caus
: ing copy of this order to be inserted il
some newspaper published in said Mont
I gomery county, once in each of four sue
cessive weeks before the LIST day Of August
nineteen hundred and twelve, give notice 4
the said absent defendants Of the object an,
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, IL any they have, why /
decree ought not to be passed as prayed
or said notice may be given by copy o
, this order being personally served on sal,
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.