Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1937-07-29
Order of Publication

Guaranty Trust Company of New
York, corporation, Committee of
Louise Hopper and Sarah r.
Clarke, Plaintiff
VS..
Louise Hopper, widow, Sarah r
Clarke and Schuyler w. Clarke,
he's husband,
Defendants.
IN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY.
No. 1921 Equity.
The object of this suit is to pro
cure the ratification and confrma-
ton of a contract for the sale of
real estate belonging to Louise Kop-
per and Sarah R. Clarke, both luna
tics.
The bill states in substance that
by deed dated April 8, 1928, record
ed among the Land Records of Mont
gomery County, in Liber 462, Folio
III, Elma Lewis Harper and husband
conveyed to Louise Hopper, widow
of Frederick Hopper, Jr., M. Alberta
Middledith, Margaret G. Hurditch,
Sarah r. Clarke and E. Caroline
Capen, parcel of land situate in
said Montgomery County, being all
OF Lot Numbered Eight and part of
Lot Numbered Nine, in Block Num-
bered Twenty Seven, in a subdivision
known as section Two, Chevy
Chase, as per plat recorded in Plat
Book No. 2, Plat JOG, one of the
Land Records of said Montgomery
County, and which is more partic-
ularly described in the said deed,
in the proportions Of one-half to the
said Louise Hopper and the remain
ing one-half to the other grantees,
share and share alike; that by deed
dated September IL, 1881, recorded
among said Land Records, in Liber
632, Folio 150, the said M. Alberta
Middledith and husband conveyed
her sne-eighth undivided interest in
said land to the said Louise Hopper
that by deed dated September rs,
1881, recorded among said Land
Records, in Liber 532, Folio ISL, the
said Margaret C. Hurditch, widow,
conveyed to the said Louise Hopper
her undivided one-eighth interest in
said land; that by deed dated Octo-
Der %, 1929, recorded among said
Land Records, in Liber 494, Folio
&c, Allen Wardwen and Carroll H.
Brewster, as Executors of the last
VIII and Testament of E. Caroline
Capen, deceased. conveyed to Caro-
lyn Capen Rowley the interest of
said E. Caroline Capen in said
land; that by deed dated November
10, 1881, recorded among said Land
Records, in Liber 532, Folio lat, the
said Carolyn Capen Rowley and hus-
band and Stewart w.. Capen, the
widower of e. Caroline Capen, con-
veyed to the said Louise Hopper the
ore-eighth undivided interest in said
premises, of which the said E. Car
Oiine Capen died seized and pos
sessed; that said Louise Hopper and
said Sarah r. Clarke are both resi-
dents of the State of New York and
both have been declared lunatics and
incompetents under the laws of that
state, the said Louise Hopper was
declared incompetent on June %,
1887 in proceeding in the Supreme
Court of the State of New York, in
and for the County of Westchester,
and the Guaranty Trust Company
of New York was appointed com
nittee of her real and personal
property, and has continued to act
as st1ch committee; that said Sarah
r. Clarke was declared an incom-
petent ON April II, 1928 in a pro-
ceeding in the Supreme Court for
Richmond County, State of New
York, and said Guaranty Trust
Company of New York was appoint
ed committee of her real and per-
sonal property, and has continued
TO act as such committee; that said
Louise Hopper and Sarah r. Clarke
are concurrent owners of the said
real estate, and that such property
is not susceptible of partition in
kind without loss or injury to them
and that it is necessary that the
property be sold for the purpose OF
making a division of the proceeds;
aat the said Sarah R. Clarke was
married prior to the year 1905 ia
the defendant Schuyler w. Clarke,
and In or about that year he de-
seFted her and has never been seen
sor heard from since, and it is un-
snowp whether he be living or dead,
sut IL he be living he is non-resi-
uert Of the State Of Maryland and
does not reside therein; that the
said louise Hopper and Sarah r,
Clarke are both residents of the
State Of New York, but are tenn
porarily sojourning in Montgomery
County, maryland; that the said
Guaranty Trust Company Of New
York, committee Of the property Cd
the said Louise Hopper and Sarah
r. Clarke, has entered into an
agreement in writing for and on
behalf of its said wards with Werner
w. Clapp to sell to him, the eaid
Werner w. Clapp, the interests OF
both OF said lunatics in said real
estate for the sum Of 100000, sub
ject to a mortgage Of $3900.0O
which said purchaser assumes and
agrees to pay, the interest on said
mOFhRaVe NET rents fqxoQ and IN