Court: Thomas H. & Elizabeth MEEKINS Vs. Samual & Susan MOBRAY & Others (1832); Dorchester Co., MD Copyright(c) 2003 by Kenneth S. Graham, Sr. (ImperialCrab@charter.net) http://www.usgwarchives.net/copyright.htm ******************************************************** TRANSCRIPT OF CHANCERY COURT RECORD Chancery Case B150-305 DECEMBER TERM 1832 Thomas H. Meekins & Be it remembered that heretofore Elizabeth his wife to wit on the 12th October 1832 Vs. came Thomas Meekins and Elizabeth Samuel Mobray & his wife by Henry Page into the Susan his wife Court of Chancery of Maryland and and others exhibited in said Court their petition in the words following To the Honorable Theodorick Bland of Maryland The petition of Thomas H. Meekins & Elizabeth his wife respectfully represents that George Graham of Dorchester County has departed this life seized in fee of certain real estate lying and being in the said County and leaving the following persons his heirs at law to wit, Elizabeth Meekins who has intermarried with Thomas H. Meekins, Susan who has intermarried with Samuel Mobray, Philip, Margaret, Emily, Dorothy, Robert & Silas. Your petitioners state that the said real estate is too small to be divided with advantage among the aforesaid heirs, and that it will be greatly to the advantage and interest of the aforesaid heirs to sell the said real estate upon such terms as your Honor shall direct. Your petitioners state that Philip, Margaret, Emily, Dorothy, Robert & Silas are infants under twenty one years of age. To the end therefore that the said real estate may be sold, may it please your Honor to grant to your petitioners who are interested in The Estate, the States units of subpoena against the said Samuel Mobray & Susan his wife of full age & to Philip Graham, Margaret Graham, Emily Graham, Dorothy Graham, Robert Graham & Silas Graham infants commanding them to be and appear in this Court & answer this bill of complaint and abide by such decree as your Honor shall make in the premises. H. Page Solr. for Complts. And thereupon subpoena was issued accordingly, And afterwards on the 23rd day of November 1832 a commission was issued to Samuel Lecompte of Dorchester County to take the answer of the infant defendants, and afterwards on the 26th day of February 1833 the commissioner made return of said commission with his proceedings had under the same in the words following. Maryland. The State of Maryland, To Samuel Lecompte of Dorchester County, Greeting: Whereas Thomas H. Meekins & Elizabeth his wife hath lately exhibited their bill of complaint, before us, in our High Court of Chancery against Samuel Mobray & other defendants. And whereas we have, by our writ, lately commanded the said defendants to appear before us, at our said chancery at a certain __________ to answer the said bill, but for as much as the said Philip, Margaret, Emily, Dorothy, Robert and Silas Graham are infants under age, and cannot answer the said bill, nor defend this suit without having a guardian assigned in that behalf. Know ye, therefore, that we have given unto you full power & authority in pursuance of the special order in our said Court, to assign and appoint a guardian for the aforesaid infants, and to take the answer of the said infants by such guardian to the said bill, and therefore we command you, that at such certain day and place as you shall think fit, you go to the said defendants, if they cannot conveniently come to (this?) commission and appoint a guardian for the aforesaid infants to take the answers of the said infants by such guardian to the said bill on such guardians corporal order upon the Holy Evangely to be administered by you, the said answers being distinctly and precisely wrote; and when you shall have taken the said answers you are to send the same, closed and under your seal, together with your certificate of your having assigned and appointed such guardian as aforesaid and this ___ unto us, in our said Chancery. Witness the Honorable Theodorick Bland, Chancellor, this 23rd day of December, Anno Domini 1832. Test Ramsey Waters Seal Rea Burnham To the Honorable Theodoric Bland, Chancellor I do hereby certify That pursuant to the powers vested in me by the above _________ Commission I have seen the infants therein named and have assigned and appointed William Rea guardian to answer for the said infants and that I have taken their answer by their guardian on his corporal oath which answer is hereunto _______ given under my hand & seal this 12th day of December 1832. Saml LeCompte Seal The answer of Philip Graham, Margaret Graham, Emily Graham, Dorothy Graham, Robert Graham & Silas Graham, by William Rea, their guardian by me specially appointed to answer the bill of complaint filed against them in the High Court of Chancery by Thomas H. Meekins and Elizabeth his wife. These defendants by their guardian admit that their Susan, the wife of Samuel Mobray & Elizabeth one of the complainants are the only children & heirs at law of George Graham & that George Graham died seized in fee of a certain tract of land lying in Dorchester & that the same is altogether too small to be divided without great injury to those interested & that the same if sold in one entire tract would sell for nothing like so much, as if the same were divided into convenient lots. They say that a good portion of the farm is heavily covered with first rate ship timber & other valuable timber which by the authority of this Honorable Court can be so divided and subdivided as to ensure a high price. But should the prayer of the petitioner be not granted in the case your respondents are advised that Samuel Mobray, who intermarried with Susan, one of the heirs, will apply for a commission to have the farm divided or appraised ____ of and should the appraised value of the entire tract be less than it would probably sell for at public sale, Samuel Mobray would take the farm at the appraised value, otherwise, the same would be sold by the commissioners in one entire tract, and in either contingency much to the injury of your respondents as they believe. For these and other reasons your respondents hope that the prayer of your petitioners may be gratified & the land sold as prayed. William Rea Personally appears William Rea guardian specially appointed and makes oath that the above is a true answer to the best of his knowledge and belief – sworn before me the Commissioner. Dec. 12th 1832 Saml Lecompte Seal And on the same day Saml Mobray & wife filed in said cause their answer in the words following: To the Honorable Theodorick Bland Chancellor. The Answer of Samuel Mobray and Susan his wife to the bill of complaint of Thomas H. Meekins & Elizabeth his wife filed in The High Court of Chancery. These respondents in answer to the said bill admit the several allegations therein stated and they willing for a decree to ____ as prayed. Given under my hand January the 27th 1833 Saml Mobray Susan Mobray I, who am Solicitor for the complainants in the above cause am willing to receive the above answer without oath. Feb: 1833 Henry Page And afterwards on the 27th day of February 1833 the Chancellor passed in said cause his decree in the words following: Thomas H. Meekins & ) Elizabeth his wife ) In Chancery December 1832 Vs. ) Samuel Mobray & others ) The said cause standing ready for hearing, and being submitted, the bills, answers, exhibits, and all other proceedings, were by the Chancellor read & considered. It is thereupon ordered this 27th day of February in the year 1833 by Theodorick Bland, Chancellor and by the authority of the court, adjudged, ordered, and decreed that the Real Estate of which George Graham died seized be sold. That Henry Page be, and he is hereby appointed Trustee to make the sale, and that the course of his proceedings shall be as follows: He shall first file with the Register of this Court a bond to the state of Maryland, executed by himself and a surety or justice approved by the Chancellor in the penalty of two thousand dollars, conditioned for the faithful performance of the trust reposed in him by this decree or to be reposed in him by any future decree or order in the premises. He shall then proceed to make the sale, having first given three weeks notice, inserted in such paper or papers as the Trustee shall deem proper, of the time, place, manner and terms of sale, which shall be one fourth cash on the day of sale, the balance to be paid in equal installments one half in six months and the remainder in twelve months from the day of sale, with interest from the day of sale to be secured by bond to the trustee with security approved by him. And as soon as convenient after the sale the trustee shall return to this Court a full and particular account of his proceedings relative to the said sale, with an affidavit of the truth thereof, and of the fairness of the sale, and on obtaining the chancellor’s ratification of the sale, and on the payment of the whole purchase money, (and not before,)the Trustee shall, by a good deed, to be executed and acknowledged according to law, convey to the purchaser or purchasers, and his or their heirs, the property to him, her or them sole, free, clear and discharged from all claim of the complainants or of the defendants, and of those claiming by, from or under them, or either of them. And the Trustee shall bring into Court the bonds taken on the said sale, together with the purchase money arising thereon, when received to be applied under the Chancellor’s directions, after deducting the cost of this suit and such commission to the Trustee as the Chancellor shall think proper to allow on consideration on the skill, attention & fidelity wherewith he shall appear to have discharged his trust. Theodorick Bland, chp And afterwards on the 17th day of April 1833 the Trustee filed in said cause his trust bond with the approval of the Chancellor thereon in the words following Know all men by these presents that we Henry Page & William M. Laird of Dorchester County in the state of Maryland are held and firmly bound unto the State of Maryland in the full and just sum of two thousand dollars, current money to be paid to the said state or its certain attorney . To which payment, well and truly to be made & done, we bond ourselves, and each of us, our heirs, executors and administrators, firmly by these presents, sealed with our seal & dated this tenth day of April in the year 1833. Whereas by a decree of the High Court of Chancery ____ at December Term in the year 1833 in the cause of Thomas H. Meekins & wife against Samuel Mobray & others the said Henry Page was appointed Trustee to make sale of real estate in the proceedings mentioned. Now the condition of the above obligation is such that if the said Henry Page shall well and truly perform the trust reposed in him by the said decree, or state may be reposed in him by any future decree or order in the premises then the above obligation shall be void; else to remain in full force and effect in law. Signed sealed & delivered Henry Page in the presence of Wm. W. Laird James Houston I who am a justice of the peace certify that the within bond is sufficient. James Houston Approved 17th April 1833 Theodorick Bland chr. And afterwards on the 26th day of June 1833 the trustee filed in the cause a Report of Sales in the words following. To the Honorable Theodorick Bland, Chancellor or Maryland. The report of Henry Page, Trustee for the sale of the real estate of George Graham respectfully represents, that, pursuant to the decree in the cause of Thomas H. Meekins and wife against Samuel Mobray & others the legal representatives and heirs at law of George Graham, he filed in this court, his (land?) for the faithful discharge of the trust reposed in him. That after he has given three weeks notice, inserted in the Cambridge Chronicle, of the time, place, manner and terms of sale, he did on third day of April in the year 1833, set up and expose to public sale, the said property, consisting of a variety of small tracts and parts of tracts, but two of which could with certainty be ascertained to wit, “Worlds End” Nuners Discovery – That lots No. 2 & 3 as for plat and certificate marked No. 40 Contain 167 acres and was sold to John Jones (of 6) Levin Jones & Thomas C. Jones as tenants in common for $1767 – that Lot No. ___ containing 107 acres was sold to Philip Graham for $995.10 but having failed to comply with the terms of sale your trustee sold the same to Samuel Mobray for the same sum – that the said sale was in all respects fair, and your Trustee prays the usual order of ratification. Henry Page, Trustee Maryland Dorchester County On the 25th day of June in the year 1833 personally appeared Henry Page, Trustee, before me the subscriber of justice of the peace for Dorchester County and makes oath that the facts stated in the above annexed report are just and true to the best of his knowledge & belief. Sworn before me. ____ ________ And upon which report the Chancellor passed an order in the words following: In Chancery, 26th June 1833 Ordered, That the sale made and reported by Henry Page, Trustee for the sale of the real estate of George Graham be ratified and confirmed, unless __ cause to the contrary be shown on or before the 26th day of August next. Provided a copy of this order be inserted once in each of three successive weeks in some newspaper before the 30th day of July next. The report states the amount of sales to be $2762.90 cents. Theodorick Bland Ch. And at the same time was filed in a plat and certificate by the surveyor in the words following: State of Maryland, Dorchester County, ____ ____ I hereby certify that I have carefully surveyed & laid out the real estates of Geo. Graham late of Dorchester County deceased, according to the metes and bounds thereof as shown by the parties interested & concerned therein and find the same to consist of a variety of small tracts and parts of tracts of land called by different names but two or three of which I could ascertain to wit “World’s End” “Annew Discovery” & find the whole of the __ tracts & parts of tracts of land to make the quantity of two hundred & seventy four acres of land more or less agreeably to the following plat, courses & distances: MAP, SURVEYOR’S (Martin L. Wright) DESCRIPTION OF LAND, AND SALE OF PARCELS OF LAND FOLLOW. THAT DATA IS NOT TRANSCRIBED HERE. The Real Estate of George Graham in account with Henry Page Esquire Trustee: April 3, 1833 To the Trustee for his allowance for com: & expenses 135.05 To the complainants costs of suit viz: Registers fees sent out …………….......73 ……ditto charged Trustee……………7.75 Seals and Taxes……………………2.00 Solicitors fee………………………10.00 Auditors fee…………………………4.67 ----- 25.15 To Thos. H. Meekins & Elizabeth his wife in right of the said Elizabeth for their share of the __ bal: 1/8 325.23 3/4 To Samuel Mobray and Susan his wife in right of the said Susan…..for …ditto…………………...…1/8 325.23 Ύ To Phillip Graham……….for……………ditto …………………………………………............1/8 325.23 Ύ To Margaret Graham……….for……………ditto………………………………............……….1/8 325.23 Ύ To Emily Graham…………..for………….ditto……………………………............…………….1/8 325.23 Ύ To Lillian Graham………….for………….ditto………………………………............……….1/8 325.23 Ύ To Robert Graham…………..for………..ditto…………………………………............…….1/8 325.23 Ύ To Silas Graham…………………for……………ditto……………………….... .......……………… 1/8 325.23 Ύ ­­­­­­­­­­­­­­­­­-------- 2762.10 -------- Apr.3, 1833 Any amount of proceeds of sale as to “Trustees Report” 2762.10 December Term 1832 Upon which the Chancellor ordered as follows: In Chancery 19th Nov. 1833 Ordered that the above reports of the auditor be confirmed and the trustee is directed to apply the proceeds accordingly with a due proportion of interest that has been or may be received. Theodorick Bland