Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1919-11-27
Order of Publication.
No l0o53 Equity
No l0053 Equity.
In the Circuit Court for Frederick County
benjamin F. Hildebrand


VS.
A. w. s. Locke, Kizzie Locke his wife,
Charles Fl F"gIc, Annie C. Z. Fople,
his wife. Annie f G,abiil, Robert l..
Grabili, her husband. Gertrude R. Will
llams. Walter Williams her husband,
Augusta Starr. Starr, her hus-
band, and Ira Albert Fogle.
The obi ct of this suit is tn procure
decree to vacate and set aside deed
from Benjamin. F. Hldebrand and Annie
3. Hildebrand. his wife, to Adam Roser,
recorded in Lib-r S. T. H No 282. folio
533, one of the Land Records of Ere Ter
lex County. and the deed from Adam
Roser and wife. to Annie b. Hildebrand,
recorded in Liber S. I. H. No. 282, folio
533. one of the Land Records for Fred
erick County.
The Bill states that the Complainant,
Benjamin F. Hildebrand was on the 7th,
day of March A. ID. 1903 seized in fee
simple of a tact of land situated in
Woodsboro, Frederick County, Maryland,
the purchase money for which having
been paid by hc sand Ben F. Hide
brand. at which time while the said
Benjamin F Hi'debrand was in i'll health
he conveyed 81 id real estate to Adam
Roser. WHO at the same time reconveyed
rhe same TO plairants wife, Annie
b. Hiidebrand, hy deeds, certified copy
of which ar, MEG in thi; Equity cause
as Exhibits Nos and q" both of
which deeds Were made upon the express
understanding. contract and agreement,
that the wife OF Ben iamin F. Hidebrand,
to whom said property was conveyed
would execute a last Will ard Testament
or deed to be- he'd in escrow, restoring
the title 20 Benjamin F. Hi!drbrand, in
the event his wife, Annie +. Hiidehr~ I'd
should pred cease him, which was agreed
to ard the deed executed ard acce pied
by the said Arnie 3. Hildehrand, upon
this contract and understanding, which
was a condition precedent to the execu-
ton of the said deed.
The Bill further states, that the said
Annie b. HiIdebrard died on or about
October 18th A. d. 1919 after d short
illness IRON Cancer without having ex-
ecGted last W i'll and Testament or deed
restoring the title to the said Penjan min
f. Hildebrand according to her said
agreement. the said Annie b HiIdeb brand
before her DEATH in discussing said con-
tract viii Complainant, advised Com
plainant that he law of Mary land had
been CHI" Hgtd in n manner that gave the
whole til e To the real estate held by
deceased wife to the surviving husband
where no children survive, and that his
rights We're protected by existing Law.
The Bill of Complaint further states
that the failure TO the said Annie B.
Hldebrand to reconvey said property by
the rights Of he Complainant, deprving
him of his pIcpcrts and leaving him in
his ol1 re without support and main
tenance
The Bill further alleges that the said
Annie B. HiIGebranG, held said title as
Trustee for Complainant in the event
she predeccasc him, without execution
said viii or deed, it being tho under
standing that the said Annie b. Hide
brand was OF TO be- seized in fee simple
of said real estate u..lcss she survived
Complainant
The Bill further states that the said
Annie Z Hi'dehrand, at the time Of her
death o. tobrr l2,h, A. d. 1919, left sur
h., ,l.,i,.
+. HildchrGru. her husband, brother
A. w S Lceke, whose wife's name is
K zzie Lock-, VITO are residents Of The
State of Ohio. and h" following named
ncphews anC ntices, children of a de-
ceased sister, Sttah l. Fogle, v no died
in the year a ID. 1892, to-wit; CT aries
H. Foele Whose wite's name is Annie
e. E. Fugir. residents of Frederick
County, MAY land, Annie E. Grabill,
whose husbai IS name is Robert l. Ora
bin, residents Of F'rederick County, Mary
land, GtrruGe II w liiams, whose hus-
bands name is Walter Williams, resi-
dents of Mount Rainier, District of Co.
I'm tisi, Ira Ah,lt Fogle. resident Of
MbuIll bl~tIlSt VI S'iuhpio diN
Augusta Starr, whose husbands name
is --- Starr, nonresident of the
State of Maryland, and supposed to re-
side some where in the State of Dakota,
all of when IRE ADULTS and heirs at law
OF the said A ME & HilGebrand.
That youl Complainant is advised aid
so charges 'hst he is entitled to have
81 ID deeds Exhibits Nos. and % va
Gated ard set aside, ard The title to said
IT al estate restored to your Complains nj.
The Bill of Complaint then prays fer
the following relief;
First. That tie dc, ds Exhibits Nos.
l and 81 may b, vacated, stricken down
and set aside t.y de cree OF your Honor
able Court, y" decree declaring said real
estate TO be b, id il trust for Complainant.
Second. Ac,,r .uch other and fur
Their relief as ne case my require.
l. is thereurNn, hi ST. day of Novem-
her A. l.! 1Sl4. dr., Il hy be ,irnuit
art fur ti.t'''.' un,N. III tqnTy,
tina the Piajt It by nu'ire Il "p. of
tnis ord. Ia - .,.g,vd come news
paper, published IN s;id frederick County
once in each uf 'Cu" successive weeks
before tbs !..'t. day IF December A. d.
Ial4 give, 80. "a hr SAID absent De-