Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1919-11-20
Order of Publication.
No !0u53 Equity
No !Ou53 Equity.
In the Circun Co,u, for r-dt irk County
Berjan,il Hid. 1T, nd

! BehJamii HID. i'i' rd
| A. W. :. Locke, kuzi sL.c:,e is wife,
har!, II trgl+. A,E:r C.. H. i,nh,
his wife. Arnn L G'a!pll, kutt,t l..
Grahill, her hL, ha, 4, Gc,,.uu, H. Will
Hams. Walter Williams ne. husband.
Augusta St"rr. Starr. Ter hus-
hand. and Ira Alber, F,ule.
| The OBI ct of this suit is to pro"ue ii
decree to vac:.te and ct aside iced
from Be,j amin F. Hidehrund sud A ME
r. Hildebrand his life. to Adam kcser.
II corded If Lib r S. T. IL. No 2sa. folio
533, one OF the Land Rec. rdS vi Fre4rr-
lex County, ard the d%ed from I'd M
Roser and wife. to Annie u. H,'leb nnd,
reco, ded in Liber 5. T. II. NJ. 2S2, f, lin
53a, one of tn. Land Records TO- Fred
erisk County.
| The Aiii states that IN! g mp .in,n'
! Bel tamin +. liehrard was ON th. 7:h
day OF March A. b. 1913. seiz'd in fe..
simple CT tract of 'nrd situated II
Wo. dsbor". Ere ck tcuu,y. Mary land,
the purchase money f"r whi"h h">irg
been paid by The sand B, j mir + Hide
br.na. at which :in.e ti.c he ..i,!
| T., njan.in r Iii deb: IT! was in Ill ncalth
he conveyed sid zeal t.lrte to Al m
R1ser, "! o at III ssp,e time rec, nvey,t d
The same Ia ttnl Lamar II vile. Annie
/ B. Hiii.hra,d, by deeds, certified copy
Of which are file,i in This EqLiy cause
as Exhibits Mes. snt g. both If
which d. cds were mace urrn TIE express
understanding contract ard agreeme ut,
that the wifi Of Berj min F.. Hijehtand,
10 whom S2:d property was conveyed
would xarut. a last VIII ard rrstam 1T
or deed to be- he d ir escrow, rcstning
Tie title 10 Bet mir F. HE'D band, in
The event his wife, Ar mic P. Hidehr I'd
should pred cease bin', which was a. re, d
to al the 6eed eM'u:td and accept d
by the said Annie Hih'ebsand. upnn
this { mt act AID Vi Ctistuhding, whi,h
was a condition precedent to the execu-
tion of the said deed.
The Bill further states, that the said
Annie b. Hidebrand died on or about
October l2,h A. b. 1919. after short
illness from Cancer without having ex-
ecLted last Will and Testament or deed
restoring the title to the said Benjamin
F. H debIand according to her said
agreement the said Annie B. HiIdebrand
before her DEATH in discussing said cen
tract with Complainant, advised Com
painant that the law Of Maryland had
been changed in a manner that gave the
whole title 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 Con piainant, DE- privine
him of his property and leaving him in
his old age without support and main
tcnance.
The Bill further alleges that the sail
Annie B. Hildebrand. held said title as
Trustee for Complainant in the event
she predeceased him, without execution
said viii or deed. it beirg the under
standing that the said Annie 3. Hide
brand was not to be seized in fee simple
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
wing her your Complainant, Benjamin
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 named
nephews and neices, children of a de
ceased sister, Sarah l.. Fogle, who died
in the year A. d. 1892, to-wil; CT aries
H. Fogle, whose wite's name is Annie
G.. E. Fogle, residents of Frederick
County, Maryland, Annie E. Grabill
whose husbands name is Robert l. Gra-
bill, residents of Frederick County, Mary
land, G. rt,ude K Williams, whose hus-
: bands name is Walter Williams, resi- !
dents of Mount Rainier, District of CO. |
lunbia, Ira Albert Fogle resident of
Mount Rainier, District of c. lumbia and |
Augusta Starr, whose husbands name |
I 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 50 id Annie B. Hide brand,
That your Complainant is advise and
80 charges that he is entitled to have
said deeds Exhibits Nos. ard 2" va
Gated and st aside, ard the ii Ie 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. And for nch other and fur
ther relief as the case may require.
1t is thereupon, this 9th day of Novem-
Der A. D. 1919, ordered by the Circuit
Court for FIR. derrick County, in Equity,
that the Plaintiff, by causing copy of
this order to be inserted in some news
paper published in said Frederick County
once in each of four successive weeks