Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1925-12-05

The bill further alleges that said
withdrawal and re-deposit of said
money was part and parcel of the
disposition of his said estate after his
death which the said John T. M. Stur-
gis was then and there making; that
one of the supposed trustees, said
Katherine Burnett Griffin, never ac-
cepted or exercised, or even knew of,
the said supposed trust, or that she
was a trustee Hereunder; that no pass
book was issued by the said bank f.
said deposits or passed into the poi
session of the supposed trustees, Ok
either of them, during the life of saiH
John I. M. Sturgis; that no such trust
in said deposit as that expressed ON
the books of said bank was ever de-
clared or consummated or ever exist
ed, but, in fact, the said John T. nj.
Sturgis not only never Invested him
self of the title or turned over&he
possession of the said deposit to the
supposed trustees during his lifetime,
but the said John T. M. Sturgis at the
time of making said deposit and at al
times thereafter during his lifetime
intended that he should have the sole
and exclusive possession and control
of the monies in said deposit to the
same extent as he would have had If
the same had remained in his larger
deposit from which it was withdrawn,
except that he desired that after his
death it should become the property
of the said Katherine Burnett Griffin,
Iif she survived him, instead of passing
into his estate so that the plaintiff
would receive her lawful share thereof.
The bill further alleges that the said
withdrawal and re-deposit of said
money and said attempt to impress
said money with trust as aforesaid
was not bona fide, but was merely
colorado and was cunning and frau
dulent scheme to deprive the plaintiff
Of that just share of her deceased
husbands property to which she was
entitled after his death, and that the
same was, should be and is, as to the
plaintiff, null and void and should be
so declared by this Court; and that
the estate of said John T. M. Sturgis
is solvent and if said estate loses said
deposit the plaintiff will be deprived
of fully one-half the amount of said
deposit.
The bill further alleges that two of
the defendants, namely,-The Citizens
National Bank of Pocomoke City and
The Citizens National Bank of POGO
moke City as executor of John T. M.
Sturgis are one and the same corpor-
alton; that the said Executor is not
only unwilling to bring suit having
the same objects as this suit, but has
refused so to do and has stated that it
feels it to be its duty as such executor
to recognize the deposit of which the
plaintiff complains in said bill as a
good and valid trust and to allow the
entire amount thereof to be paid to
said defendant, Katherine Burnett
Griffin; and that the said Katherine
Burnett Griffin is a nonresident of
the State of Maryland, but that all
the other defendants are located in
and have their principal office in Wor-
cester County, in the State of Mary
land.
It is thereupon, this 26th day of Oc-
tober, 1925, ordered by the Circuit
Court for Worcester County, sitting
in Equity, that the plaintiff, by caus-
ing copy of this order to be inserted
III some newspaper published in Wor-
cester County once in each of four
successive weeks before the 7th day of
December, 1925, give notice to said
absent defendant, Katherine Burnett
Griffin, of the objects and substance
of this bill, warning her to be and ap-
pear in this Court, in person or by so
licitor, on or before the 23d day of
December next, to show cause, if any
she have, why decree ought not to
be passed as prayed.
SUE M. COLLINS, Clerk.
True Copy-Test:
SIZE M COLLINS. Clerk.