Catoctin clarion., 1919-11-13
Order OF Publication.
No lOU53 Equity.

Order OF Publication.
No lOO5s Equity.
In the Circuit Court for Frederick County
Benjamin F. Hildebrand
A. w. s. Locke, Kizzie Locke his wife,
Charles H. Fogle, Annie C. E. Fogle,
his wife, Apnie 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
decree to vacate and set aside a deed
, from Benjamin F. Hildebrand and Annie
,, B. Hildebrand. his wife; to Adam Roser,
recorded in Liber 8. T. H. No 2S2. folio
6S3, one of the Land Records of Freder-
lex County, and the deed from Adam
| Roser and wife, to Annie B. Hildebrand,
recorded In Liber s. T. H. No. 2S2, folio
633. one of the Land Records for Fred
erick County,
The Bill states that the Complainant.
! Benjamin F. Hildebrard was OH the 7th.
day of March A. d. 1903, seized in fee
simple Of a tract of land situated in
, Woodsboro. Frederick County, Maryland,
! the purchase money for which having
been paid by The sa'd Benjamin F. Hide
brand. at which time While the said
I Benjamin r. Hildebrsnd was in i'll health
he conveyed said real estate to Ad m
Roser. WHO at tn same time recopveyed
the same to tcmplainants wife, Annie
B. Hidebrand. by deeds, certified copy
of which are filed in this Equity cause
as Exhibits Nos. ! and g." both of
which deeds were made upon the express
understanding, contract and agreement,
that the wife of Benjamin F. Hldebrand,
to whom said property was conveyed
would execute a last Will and Testament
or deed to be held in escrow, restoring
the title to Benjamin F. Hildebrand, in
the event his wife, Arnie b. Hidebrand
should predecease him, which was agreed
to and the deed executed and acceptt d
! by the said Annie B. Hildebrand. upon
this contract ard understanding, which
was a condition precede Mt to the execu-
tion 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
resto ing the title to the said Berjamin
F. Hi debrand according to her said
agreement, the said Annie B. Hildebrand
before her death. in discussing said con-
tract with Complainant advised Com
plainant that the law of Mary land had
been changed in manner that gave the
whole title to the real est"te held by II
/ 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 tn. said Annie B.
| Hildebrsnd to reconvey said property by
| Will or deed operates as fraud up' N
the rig hts of the Con plainant, d. privire
him of his property and leaving him in
his old age without support and main
tenance.
The Bill further alleges that the said
Annie B. Hildebrand. held said title as
Trustee for Complainant in the event
she predeceased him, without execution
said Will or deed. it b,irg the under
standing that the said Annie B Hide
brand was rot to be seized n fee sin pie
of said real estate unless she survived
Complainant.
The Bill further states that the said
Annie B. Hildebrand, at the time of her
death October 18th, A. D. 1919, left sur
viving her your Complainant, Ber jamin
! F. Hiidebrand, 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 nam d
nephews and reices, children of Cs-
ceased sister, Sarah l.. Fogle, who died
in the year A. D. 1899, to-Wil; Ct al, les
H. Fogle, whose wife's nam is Annie
c. e. Fogle, residents of Frederick
County, Maryland. Annie E. Grabill,
whose husbands name is Robert l.. Gra-
bill, residents of Frederick County, Mary
land, Gertrude r. Williams, whose hus-
, bands name is Walter Williams, resi-
dents of Mount Rainier, District of Co.
lumbia, 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. HilGebrand.
That your Complainant is advised and
so charges that he is entitled to have
said deeds Exhibits Nos. and q" va
Gated and set aside, and the title to said
r. al 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 rust for Complainant
Second. And tor such other and fur
ther relief rs the case may qure.
1t is thereupon, this 9th day of Novem-
ber A. D. 1919, ordered by the Circuit
Court for Frederick County, in Equity,
that the Plaintiff, by causing copy of