Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1937-12-02

Fidelity-P Philadelphia Trust Com
pany, Executor and Trustee under
the will of Sarah M. Deal, De-
ceased; Julia r. Sornborger; Eliz-
abeth j. Sornborger; Nancy w.
Sornborger Streiff; Alice Jewell,
Ruth Jewell Bradford; Arthur
Jewell; Stanley H. Jewell; James
Ralph Jewell,
Plaintiffs,
vs..
Bannockburn Golf Club, a Corpo-
ration under the Laws of the Dis
trict of Columbia; John r. C.
Boyer Trustee; A. L. Folwell and
Robert G. Dreslin, Administrator
Of the Estate of Percy McGeorge,
Deceased.
Defendants.
IN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY,
MARYLAND.
No. 8446. In Equity.
The object of this suit is to procure
the appointment of a substituted
Trustee.
The bill states in substance that
on June /, 1927, by a Deed of Trust
recorded among the Land Records
for Montgomery County, Maryland,
in Liber 436 at Folio 25S, Bannock-
burn Golf Club, "a corporation, con-
veyed to John r.. C. Boyer, Trustee,
certain land and premises situate in
said County and State and described
therein, to secure the payment of
STE, 100000, said to be due Trustee
Corporation of America, a Delaware
Corporation, represented by twenty
eight certain promissory notes, as set
forth and detailed in the said Deed
of Trust, a copy of which Deed of
Trust is filed with the bill; that the
said Trustee Corporation of America
was a -reature of one Percy Nc
George and as far as plaintiffs have
been able to ascertain, never adj
vanced any part of the said sum of
SIS, 100000 secured by the said Deed
of Trust, but on the contrary, all or
the greater part of the said sum was
advanced by Seraph ]. Deal and
Sarah M. Deal of Philadelphia, Penn
sylvania; that by deed dated May 10,
1885, recorded in said Montgomery
County, Maryland, in Liber 500,
Folio 1872, said John R. c. Boyer,
Trustee, made an assignment of his
trusteeship TO one A. l.. Folwell, and
by deed dated May 20, 1895, record
ed in said Montgomery County, in
Liber 500, Folio 1872. said A. L. Fol-
we'll made an assignment of said
trusteeship to said Percy McGeorge;
that plaintiffs are advised and be-
lieve that the said assignments were
irregular and not in accordance with
the law of the State of Maryland;
that plaintiffs are advised and there
fore so state that the only legal trus-
teee under the said Deed of Trust is
the said John R. C. Boyer who re-
sides at 131 Belleville Avenue,
Bloomfield, Essex County, New Jer-
sey; that plaintiffs further represent
that the said A. L. Folwell is a
clerk in the office of Robert G. Ores
lin and that her address is care of
Robert G. Dreslin, Norristown, Penn
sylvania; that the said Percy Nc
George died on the 9Th day of April,
1887 and Robert G. Dreslin is the
Administrator of his estate, and his
residence is Washington Square, Nor
ristawn, Pennsylvania; that the said
Seraph j. Deal is deceased and the
Fidelity Philadelphia Trust Company
is the Executor and Trustee under
her will; that the said Sarah M.
Deal is deceased and the Fidelity
Philadelphia Trust Company is the
Executor and Trustee under her
will; that plaintiffs are informed
and believe that the execution of
said Deed of Trust was brought
about by the said Percy McGeorge;
that in his hands were placed all
the many advances under the said
Deed of Trust, to wit, the sum of
$4,000. and all or the greater part
of the said sum was advanced by the
said Seraph j. Deal and Sarah M.
Deal; that said Percy McGeorge did
not deliver promissory notes to the
persons so advancing the said sum
of money, but kept record of the
amounts advanced, which record in
dictates that he declared that some
of the promissory notes belonged to
the said Seraph j. Deal and Sarah
M. Deal, and others of the prom
issory notes belonged to the other
petitioners herein, presumably the
same constituting gifts Of said notes
by the said Seraph j. Deal and
Sarah M. Deal to the other petition
ers; that there came into the hands
of the said Robert G. Dreslin, as
Administrator of the Estate of Percy
McGeorge, promissory notes of the
Bannockburn Golf Club in the sum
of $4,000, secured by said Deed of
Trust; that the said Percy McGeorge
from time to time executed various
Deeds of Trust to himself as trus-
tee, purporting to declare that he
held various securities for plaintiffs
and others and he noted In his
ledger the amounts of the said notes
and the several persons to whom
they respectively belonged; that from
the said ledger entries and the said
Deeds of Trust executed by the said
Percy McGeorge, plaintiffs represent
thta they are the beneficial owners
of notes secured by the said Deed
Of Trust, as follows: Fidelity-Phila-
delphia Trust Company, Trustee of
the Estate of Seraph J. Deal $4,000,
Fidelity Philadelphia Trust Company,
Trustee Of the Estate Of Sarah M.
Deal $9,500., Julia r. Sornborger,