Frederick Co, Maryland - Equity Court Abstracts - ES-3 675-695 - EBERT, RAMSBURG, BANTZ, COLE - Mar 1855 EBERTS vs EBERTS John EBERT, dec'd (Will written 15 Mar 1851) s/ William E. EBERT d/ Ann Rebecca w/o Jacob RAMSBURG s/ Benjamin EBERT s/ Augustus F. EBERT d/ 5 Nov 1836 ...widow - Elizabeth M. .............Octavius A. EBERT .............Maria L. EBERT, a minor .............Augustus EBERT, a minor s/ Valerius EBERT s/ John M. EBERT Execs/ sons Valerius and John M. EBERT Witnesses: M. B. LUCKETT, Jacob ENGELBRECHT and George BECKENBAUGH Will contained a provision that Ann Rebecca's husband was not to receive any monies. Land - Lot #3 in "Bentz Town" ("Addition to Frederick Town), from Rachel STEINER in 1854 (previously to Steiner from Henry KOONTZ in 1827 and part to Steiner from John C. FRITCHIE in 1827). John EBERT and his son Augustus were in business t/a John Ebert & Son. The property was to John EBERT & Son; therefore John and Augustus were tenants in common even though it was paid for by John EBERT. Augustus took over the property and lived there with his family until his death and then his widow and children lived there and also rented the property. Claim is made for 1/2 of rents due and expenses for repairs paid by John EBERT. Guardian was Urias S. BANTZ who claimed the expenses claimed were accrued more than three years ago and are barred due to the statute of limitations. The widow of Augustus claimed no rent was ever charged to them during the lifetime of John EBERT and denies liability. Testimony was heard from George METZGER and Michael BROMETT, the latter being a tenant of the widow. Also testifying was Joseph P. FLEMING who also claimed to have been a tenant thru the widow's agent, Gideon BANTZ. William S. BANTZ also testified and claimed that the child Maria EBERT has reached the age of 21 within the last two months. This dated 26 May 1856. The court ruled the claims were valid, using the Will in making their decision ("balance" of John EBERT's estate was devised to his two sons, Valerius and John M. EBERT); trustee appointed was E. Louis LOWE with surety as A. N. LOWE. On 25 Aug 1856, sale was held at the City Hotel in Frederick, high bidder was William G. COLE at $2,250, free of dower. Distribution: court costs, $199.89 - Valerius EBERT, 1/2 of 1/2, $521.90 - John M. EBERT, 1/2 of 1/2, $521.90 - Valerius & John M. EBERT, 1/2 of rents, $180 - Elizabeth M. EBERT, in lieu of dower, 2/15 of 1/2, $139.17 - each of Augustus EBERT's three children received $241.54 Closed 1 Nov 1856. =================== www.MidMdRoots.com