Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1937-07-01

York, a cOrpOraGlOl, SOInmlCCe0 OF
Io,,ise Hopper and Sarah r.
Clarke, Plaintiff
VS..
1o,ise Hopper, widow, Sarah r
Clarke and Schuyler w. Clarke,
her husband,
Defendants.
TN THE CIRCUIT COURT FOR
MONTGOMERY COUNTY.
No. 1921 Equity.
The object of this suit is to pro-
oure the ratification and confrma-
t;on of a contract for the sale of
real estate belonging to Louise Kop-
ner and Sarah r. Clarke, both luna
ties.
The bill states in substance that
NV deed dated April 8, 1928, record
ed among the Land Records of Mont
eomery 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
Canen. 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 106, 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 one-eighth undivided interest in
said land to the said Louise Hopper;
that by deed dated September Is,
1881, recorded among said Land
Records, in Liber 532, Folio 151, 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 20, 1929, recorded among said
Land Records, in Liber 494, Folio
SO,Allen Wardwell and Carroll H.
Brewster, as Executors of the last
Will 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
widower 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
cline 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 Ii, 1928 in 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
y property be sold for the purpose of
making a division of the proceeds;
that 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
known whether he be living or dead,
but if he be living he is a non-resi-
dent 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 OF
the said Louise Hopper and Sarah
H. Clarke, has entered into. an
agreement in writing for and on
behalf of it's said wards with Werner