Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1919-12-11
Order of Publication.

Order of Publication.
No l0053 Equity.
In the Circuit Court for Frederick County
Benjamin F. Hildebrand
A. w. s. Locke, Kizze Locke his wife,
Charles H. Fogle, Annie C. f. Fogle,
his wife, Annie E. Grabill, Robert l..
Grabill, her husband, Gertrude r. Will
liams. Walter Williams her husband,
Augusta Starr. - Starr, her hus-
band, and Ira Albert Fogle.
The object of this suit is to procure a
decree to vacate and set aside a deed
from Benjamin F. Hildebrand and Annie
B. Hildebrand, his wife, to Adam Roser,
recorded in Liber S. T. H. No. 1882. folio
533, one of the Land Records of Freder-
lex County. and the deed from Adam
Roser and wife, to Annie B. Hidebrand,
recorded in. Liber S. T. H. No. 282, folio
533, one of the Land Records for Fred
erick County.
The Bill states that the Complainant,
Benjamin F. Hildebrand was OH the 7th,
day of March A. d. 1908. seized in fee
simple of tract of land situated in
Woodsboro, Frederick County, Maryland,
the purchase money for which having
been paid by the sand Benjamin F. Hide
brand, at which time while the said
Benjamin F. Hldebrand was in i'll health
he conveyed said real estate to Adam
Roser, who at the same time reconveyed
the same to Compliments wife, Annie
b. Hildebrand, by deeds, certified copy
of which are filed in this Equity cause
as Exhibits Nos. l and g." both of
which deeds were made upon the express
understanding contract and agreement,
that the wife of Benz amin F. Hildebrand.
to whom said property was conveyed
would execute last Will and Testament
or deed to be held ir escrow, restoring
the title to Benjamin F. Hldebrand, in
the event his wife, Annie b. Hildebrand
should predccease him, which was agreed
/ to ard the deed executed and accepted
by the said Annie B. Hildebrand, upon
this contract and understanding, which
was condition precedent to the eXecu-
ton of the said deed.
The Bill further states, that the said
Annie B. Hildebrand died on or about
October 18th A. d. 1919 after short
illness from Cancer without having ex-
ecGted last Will and Testament or deed
restoring the title to the said Benjamin
F. Hildebrand according to her said
agreement, the said Annie 3. Hildebrand
before her death, in discussing said con-
tract with Complainant, advised Com
plainant that the law of Maryland had
been changed in manner that gave the
whole til !e to the real estate held by a
deceased wife. to the surviving husband
! where no children survive, and that his
rights were protected by existing Law.
The Bill of Complaint further states
that the failure to the said Annie B.
Hildebrand to reconvey said property by
Will or deed operates. as fraud upon
the rights of the Complainant, depriving
him of his property and leaving him in
his old age without support and main
tenancr.
The Bill further alleges that the said
Annie B. HilGebrand. held said title as
Trustee for Complainant in the event
she predeceased him, without execution
said Will or deed, it being the under
standing that the said Annie B. Hide
brand was rot to be seized in fee simple
of said real estate unless she survived
Complainant.
The Bill further states that the said
Annie BE- Hildebrand, at the time of her
death October 18th, A. d. 1919, left sur
viving her your Complainant, Benjamin
F. Hildebrand her husband, a brother
A. w. S. Locke, whose wife's name is
Kizzie Locke who are residents of the
State of Ohio, and he following named
nephews and neces, children of a de-
ceased sister, Sarah l.. Fogle, who died
in the year "A. d. 1892, to-wit; Charles
H. Fogle, whose wife's name is Annie
C. E. Fogle, residents of Frederick
County, Marylard, Annie E. Grabiil,
whose husbands name is Robert l.. Ora
bill, residents of Frederick County, Mary
land, Gertrude f. Williams, whose hus-
bands name is Walter Williams, resi-
dents of Mount Rainier, District of Co.
lumlia, Ira Albert Fogle, resident of
Mount Rainier, District of Columbia and
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 whom are adults and heirs at law
of the said Annie B. Hildebrand.
That your Complainant is advised and
so charges that he is entitled to have
said deeds Exhibits Nos. and 2" va
Gated and set aside, and the title to said
real estate restored to your Complainant.
The Bill of Complaint then prays for
the following relief;
First. That the deeds Exhibits Nos.
l and 2" may be vacated, stricken down
and set aside by decree of your Honor
able Court or decree declaring said real
estate to be held in trust for Complainant.
Second. Ard for such other and fur
Their relief as the case may require.
1t is thereupon, this 5th day ofNovem-
Der A. D. 1919, ordered by the Circuit
Court for FIR, derrick County, in Equity,
that the Plaintiff. by causing copy Of