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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 175   View pdf image (33K)
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COLE VS.O'NEILL. 175
" [On the 4th December, 1850, the complainant filed his bill
of complaint in this case, against the defendant O'Neill and
others, stating in substance, that by deed dated 17th April,
1843, Catharine Drake conveyed to complainant certain real
estate in that; deed described, and all other her property in
trust for her use during her life, with absolute power in any
manner, and free from the control of any future husband, to
dispose of said property, and in the event of a failure on her
part to exercise said power, then for the use of complainant
and his heirs. That by deed dated 27th February, 1843, the
said Catharine Drake had mortgaged parcel of the property
conveyed in trust as aforesaid, to the complainant to secure
payment of the sum of $448 71, with interest due from her to
him, which debt remains unpaid. That after the execution
and enrolment of said deed of trust, the said Catharine Drake
intermarried with the said O'Neill, and afterwards on the 28th
August, 1850, departed this life without having made any dis-
position of said trust property, save only of a parcel which she
conveyed to Margaret Ann O'Neill, by deed dated 12th April,
1848. In consequence whereof the complainant became en-
titled absolutely to the property conveyed to him as aforesaid.
That said real property, or the greater part thereof, including
the parcel mortgaged aa aforesaid, consists of property de-
scribed in deeds, of which his exhibits are copies. That at the
time of the death of the said Catharlne, the said trust property
wag, and at this time is, in the occupation of tenants paying
rents, who have received notice of the complainant's claim
with regard to the said premises, and have been required to
pay the rents thereof to him. But that the defendant O'Neill
pretending to act at times for the next of kin and heirs-at-law
of the said Catharine, and at other times in his own right, has
interfered with said tenants, so that they refuse to pay their
rents to the complainant, and complainant is thereby aggrieved
and unable out of said rents to pay ground-rents and taxes
chargeable on said property, and to repair the buildings thereon.
The bill is filed against O'Neill, the surviving husband,
Henry Lechler and Elizabeth Fleming, as heirs-at-law of the

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 175   View pdf image (33K)
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