Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1919-12-04
Order Of Publication.
No i0053 Equity.
In the Circuit Curt for Frederick County
Benjamin f. Hldebrand


vs.
A. w. g. Locke Kizzie Locke his wife,
Charles Fl Fcg!r, Annie C. E. Fogle,
his wife, Annie f Grabill, Robert l..
Grabil, her husband Gertrude r. Will
lams. Walter Williams her husband,
Augusta Starr, - Starr, her hus-
band, and Ira Albert Fogle.
The obj Act of this suit is to procure a
decree to vacate and set aside "A deed
from Benjamin F. Hidebrand and Annie
B. Hildebrand, his wife, to Adam Roser,
recorded in Lib r S. t. H No 282. folio
533, one of the Land Records of FREEZER
lex County, and the deed from Adam
Roser and wife. to Annie B. Hidebrand,
recorded in Liber S. T. H. No. 282, folio
$780, one of the Land Records for Fred
erck County.
The Bill states that the Complainant.
Benjamin F. Hildebrand was on the 7lh,
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 sand Benjamin F. Hide
brand. at which time while the said
Brnjamin F. Hidtbrand was in i'll health
lie conveyed said zeal estate to Adam
Roser, wi O at the same time reconVeyed
he same TO en- p|arants wife. Annie
9. Hiidebrand, 10y deeds, certified copy
of which arr tile; in this Equity cause
Viii hot IF
which d, eds were made upon the express
underst andiEg, contract ard agreement,
that the wife of Benjamin F. Hildebrand,
10 whom said property was conveyed
would execute last Will and Testament
~ deed to be Re d in escrow, restoring
The title 10 Benjamin F. Hide brand, in
he event his wife, Arnie Il. Hildtbrond
hould pred. cease him, which was az reed
20 ard the deed executed and accs pteda
by the said Annie B. Hildebrand, upon
this contract ard underst anding, which
was condition precedent to the execu-
ton of the said deed.
The Bill further states, that the said
Annie B. Hid. brand died on or about
illness from Cancer without having ex-
ecGted ID last viii and Testament or deed
restoring the title to the said Ben min
F. Hidebrand according to her said
agreement, the aid Annie B. Hildeb,and
netore her death, in discussing said con-
ract with G. nplainant, advised Com
plainant thot Re law of Mary land had
0een charged in u manner that gave the
hole til e to The real estate held by
deceased wife. to the surviving husband
vhere no children survive, and that bis
iehts were protected by existing Law.
The Bill of Complaint further states
hat the failure to the said Annie B.
lildebrand to reconvey said property by
viii or deed operates, as a fraud upon
he rights Of he Complainant, depriving
lin of his properly and leaving him in
his old 9ge without support and main
enance.
The Bill further alleges that the said
Annie B. HiL, brand, held said title as
Trustee for Complainant in the event
he predece as,.d him, without execution
said Will or deed. it being the UNDER
standing that the said Annie b. Hide
brand Was OF to be seized IN fee simple
f said +, al state unless she survived
Complainant
The Bill fur III r states that the said
Nnnie K Hid. u: ana, at III" tire of her
leath O. tobt iZih, A. H. 1919, left sur
virg her your Con plair ant, Berjamin
+. Hid. brfrd, Ter Husband, brother
\. w S L,,ke, whose wife's name is
X ZZit l., tkr VIC are rel dentS of The
>tnte o. Obi :, and h f. iloWlng named
tlfowe ;rC r,i'es, children OF IA dc
used sister, a. All l. I,gle, v h. dice
Il the yea, \ y 1892, ,o-wil; CT aries
II. Fog!t, Wi"-e Wi'e's nan is Annie
=. f. tIgt', residents of Frederick
unity. Mr,! bard, Annie E. GrabiIl,
hose hu. tef d : / me is Robert l. Gia-
III, esd MS rf ~. ierick County, Mary
AID, G.1t.u II w liars, whose hus-
BIRDS r%ne IS Walter Williams, resi-
ts.n's OF Mru II ,nier. District of Co.
n IL. Iva \ !It FCele, resident Of
Mount Ran iei, III r,ict of c. lumhia and
augusta Star, rh So husbands name
----- Sa"r nonresident of the
ate of Mary land. nd supposed to le-
ide som" y i,,e in the State of Dakota,
4 OF VII, n II - ui's aud heirs at law
he said A 10 + H)lc' brand.
That YOU, foa'p irAnt is rd.ised al d
I, chars, = tE:t he j. tntitled to have
& d d, eds Nfi!i'. No. | ard % Va
cat, md SCI ~ iHc. ;rd Il, title to said
:, nj esta tc ,s.;c!, q 10 Ncur Conr lain: ~.
TIE Pill Of Csrrl int th,n prays fer
he following "ehYf;
First. Tina be d., DIS Exhibits Nos.
and 2" MAY be. vacated, stricken down
nd set id, ' a q, cree OF cur H"n'f
HE Court. o.. d, r,et declpriEg said rea
state IL h, lc!di" t!u for plainaut.
Second A'G ,r uch other and fur
ther relief rs he 'a"s' my require.
1t is there !tn, Xxi 5h day of Novem-
her A. y. Ga. 6 r. q 10y he ir"uit
curt 70; II Ctt'cr { uniN. III Ia i'y,
hat tn. Pa, ii hy ':u.irl p If
his ord 10 { q user ed i ONE news
naper, puh!ist ed III sid frederick County
nnce in each IL GU successive weeks
before the II : day "f ID cember A ID
1919, give no; e a The said absent De-