Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1925-11-14

The object of this suit is to procure
decree of the Circuit Court for Wor-
coster County, Maryland, declaring
null and void a certain supposed or
pretended trust attempted to be i'm
impressed upon certain deposit of
money in The Citizens National Bank
of Pocomoke City, one of the defend
ants, in favor of John T. M. SturgiS,
now deceased, and the above named
defendant, Montrue Burnett Foulke,
joint owners, subject to the check of
either, the balance at the death of
either to go to the survivor, and to
have said supposed or pretended trust
vacated and set aside, or vacated and
set aside so far as the plaintiffs in
terest in or claim upon said property
is concerned; and to secure such other
relief as the plaintiffs case may re-
quire.
The bill alleges that said John T..
M. Sturgis died on or about Septem-
Der 9Th, 1925; that the plaintiff is his
widow; that he left no child or other
descendant; that his next of kin are
two grand-nieces, Montrue Burnett
Foulke and Katherine Burnett Griffin,
one of whom is the same person who
is made defendant in this suit; that
the said John T. M. Sturgis left will
which was admitted to probate in the
Orphans Court for Worcester County;
that The Citizens National Bank of
Pocomoke City, one of the defendants,
is his executor; and that the plaintiff
has duly renowned the provisions
made for her in said will and has
elected to take in lieu thereof her le-
gal share of both the real and person
al property of the testator. Certified
copies of said will, letters testament
tary and remuneration are exhibited
with the bill.
The bill further alleges that the
said John T. M. Sturgis, for twenty
years prior to his death, was eager to
defeat the plaintiffs full legal rights
III his property after his death, but
he was more eager to hold on to his
property so long as he might live, and
Iduring said time (besides the wrongs
in the bill complained Off by various
schemes and devices, fraudulent as to
plaintiff, but mainly by creating pre-
tended and secret trusts in his prop
erty, fraudulent as to the plaintiff, he
attempted to defeat the. plaintiffs
said rights in his property, but he
ever held fast to the possession and
keeping the plaintiff in ignorance as to
the nature, extent and value OF his
personal estate, he converted the ma
jor part Of his property into bank de-
posits as the most facile property for
the accomplishment of his fraudulent
purposes.
The bill further alleges, on infor
nation alleged to have been received
by the plaintiff after the death of her
said husband, that at or about the day
of the execution of his said will, said
John T. M. Sturgis had on deposit in
The Citizens National Bank of POGO
moke City upwards of forty thousand
dollars, and that ten thousand dollars
thereof was at or about that time
withdrawn by said John 7. M. Sturgis
and was re-deposited in said bank in
the names of said John T. M. Sturgis
and the defendant, Montrue Burnett
Foulke, in an attempt to create a pre-
tended trust in them, the said John 7.
M. Sturgis and Montrue Burnett
Foulke, under the terms Of which the
said deposit should be subject to the
check of either of them as beneiciar-
les of said pretended trust, they being
the sole benefciaries hereunder, and
that upon the death of either as such
beneficiary, then the residue to belong
to the survivor; that the said John T.
M. Sturgis was the sole owner of all
the money so withdrawn and re-de-
posted; and that the said money of
said deposit still remains in said bank,
at Pocomoke City, Worcester County,
Maryland, and has increased by accru-
ing interest until it amounts to up
wards of eleven thousand dollars.
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
Montrue Burnett Foulke, never accept
ed or exercised, or even knew of, the
said supposed trust, or that she was
trustee hereunder; that no pass book
was issued by the said bank for said
deposit or passed into the possession
Of the supposed trustees, or either of
them, during the life Of said John T.
NJ Sturgis; that no such trust in said
deposit as that expressed on the books
of said bank was ever declared or con-
summated or ever existed, but, in fact.
the said John T. M. Sturgis not only
never Invested himself of the title or
turned over the possession of the said
deposit to the supposed trustees dur
ing his lifetime, but the said John T:
M. Sturgis at the time of making said
deposit and at all 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 re-
NAMED 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 Montrue Burnett Foulke, if 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 redeposit of said mon
ey and said attempt to impress said