Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1937-07-15
I'M THE CIRCUIT COURT FOR
MONTGOMERY COUNTY.

In THE CIRCUlI 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
ties.
The bill states in substance that
bv deed dated April 3, 1928, record
ed among the Land Records of Mont
gonery County, in Liber 1852, 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, a parcel of land situate in
said montgomery County, being all
of Lot Numbered Eight and part of
Lot Numbered Nine, in Block Num-
hered Twenty-Seven, in a subdivision
known as section Two, Chevy
Chase, as per plat recorded in Plat
Book No. 2, Plat 1O6, 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 Is, 1881, recorded
among said Land Records, in Liber
532, Folio $50, the said M. Alberta
Middledith and husband conveyed
her ene-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
Der %, 1929, recorded among said
Land Records, in Liber 494, Folio
3O,Allen Wardwel 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
Is, 1881, recorded among said Land
Records, in Liber 532, Folio lat, the
said Carolyn Capen Rowley and hus-
band and Stewart w. Capen, the
wid0wer of e. Caroline Capen, con-
veyed to the said Louise Hopper the
one-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
mittee of her real and personal
property, and has continued to act
as such committee; that said Sarah
r. Clarke was declared an incom-
petent on April IL, 1923 in a pro-
ceedmg 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 net 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;
Nat the said Sarah R. Clarke was
married prior to the year 1905 to
the defendant Schuyler w. Clarke,
and in or about that year he de-
serted her and has never been seen
nor heard from since, and it is I'M
enown whether he be living or dead,
sut d he be living he is a non-resi-
Gent 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
porariy sojourning in Montgomery
county, Maryland; that the said
Guaranty Trust Company of New
York, committee of the property Of
Inc said Louise Hopper and Sarah
n Clarke, has entered into an
agreement in writing for and on