be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me this 25th day of January, 1907. JOHN C. OTTESON. CHARLES J. HOEHNLE, [SEAL.] Notary Public, Kings County. REMOVAL FORM V.-NOTICE AND PETITION FOR REMOVAL IN CHANCERY OF NEW JERSEY. E. LAWRENCE [DOWD], JOSEPHINE [DOWD], and E. LAWRENCE [DoWD], trustee under the last will and testament of THOMAS H. [DowD], deceased. against Complainants, MAY IRENE GOODMAN, EDWARD HARRIS GOOD- SIRS: PLEASE TAKE NOTICE that on the 10th day of February, 1922, at half past ten o'clock in the morning of that day, I shall file in the office of the Chancellor of the State of New Jersey and of the Court of Chancery of said State in the State House of the City of Trenton, the petition of which a copy is hereto annexed, for a removal of the above entitled cause to the District Court of the United States for the District of New Jersey; and that I shall also then and there file the bond, of which a copy is hereto annexed; and at the same time, or as soon thereafter as counsel can be heard, I shall request for the approval of the said bond by said Chancellor and by said Court; and that I shall then ask for such other and further relief in the premises as may be just. New York, February 2, 1922. "MARIE [DOWD]" Petitioner in person. Yours, &c., Attorney in fact for petitioner. Borough of Manhattan, New York, New York. To the Honorable Edwin Robert Walker, Chancellor of the State of New Jersey, and To the Court of Chancery of the State of New Jersey. The petition of Marie [Dowd], respectfully shows: I. Your petitioner Marie [Dowd] is and at the time of the commencement of this suit was a citizen and resident of the Borough of Manhattan, City and County and State of New York, temporarily sojourning in the City of Kingston and County of Ulster in said State. II. On or about December 3rd, 1921, E. Lawrence [Dowd] and Josephine Elliott [Dowd] his wife and E. Lawrence [Dowd], trustee under the last will and testament of Thomas H. [Dowd], deceased, began the suit above entitled by filing a bill in equity in the Court of Chancery for the State of New Jersey which named as defendants, May Irene Goodman, Edward Harris Goodman, her husband, Ellie [Dowd] Trotter, Camden Safe Deposit & Trust Company, trustee under the last will and testament of Thomas H. [Dowd], deceased for Mary [Dowd] Troth, Mary [Dowd] Troth, Marie [Dowd], John H. Manning, Ralph Hornor, George W. Waples and Edward W. Magee. The complainants and all of the said defendants except May Irene Goodman and Edward Harris Goodman then were and still are citizens and residents and each of them then were and still is a citizen and resident of the County of Camden, in the State of New Jersey. The said Camden Safe Deposit and Trust Company then was and still is incorporated under the laws of the State of New Jersey with its principal office in said City and County of Camden. The said defendants Goodman and each of them at the time of the commencement were and still are citizens and residents of the City of Philadelphia, State of Pennsylvania. III. Said bill prayed a partition and division or in the alternative a sale of certain lands in the State of New Jersey including in such sale the right of dower of your petitioner therein and the inchoate right of dower of the defendant Josephine; and a division of the proceeds of such sale after payment of costs and charges of the suit according to the respective rights of the several parties interested. The lands affected by such suit were therein charged to have been formerly the property of Thomas H. [Dowd], deceased. Said bill charged that said lands were at the time of the death of Edward [Dowd], who was the son of said Thomas, on or about September 13, 1920 owned in part in fee simple by said Edward, and that the remaining part thereof were then owned in fee simple by E. Lawrence [Dowd], the complainant as trustee for the defendant Ellie D. Trotter, daughter of said Thomas with a contingent remote interest in the other heirs of said Thomas, namely, said Edward [Dowd], whose sole heirs and devisees are his children, the complainant E. Lawrence [Dowd] and the defendant May Irene Goodman and the defendant Mary [Dowd] Troth, the daughter, and the other heir of said Thomas, only however and with no such remainder except in case said Ellie died intestate leaving no issue, in which case it was provided by the will of said Thomas, under which will his said descendants derived their title to said land that if the defendant Mary was living when said Ellie died, then her interest should be conveyed to the trustee named in said will, the successor of which is said Camden Safe Deposit and Trust Company. Said bill further alleged that the defendants John H. Manning, Ralph Hornor, George W. Waples, and Edward W. Magee were tenants of part of said land. IV. Said bill further alleges that your petitioner is the widow of the said Edward [Dowd], deceased and claims a right of dower in that part or share of said lands of which said Edward [Dowd] died seized. V. A distinct and separate controversy exists in said suit and therein existed when this suit was brought, in which our petitioner is the sole party upon one side, and the complainants [Dowd] in their respective individual and representative capacity together with the defendants Goodman are the sole persons upon the other interested and were the sole parties interested when said bill for partition was filed in said New Jersey Court of Chancery. This appears from the said bill in equity herein as well as from the allegations in this petition. A complete determination of said controversy can be had without the presence of any of the parties to this suit other than your petitioner, said complainants [Dowd], said complainants [Dowd], as trustee and said defendants Goodman. All of the other parties defendants to said suit are neither indispensable nor necessary parties to the complete determination of said controversy nor to the determination of said suit. Said controversy as above set forth is wholly between citizens of different States and is separate and distinct from any other or further controversy in said suit. VI. Your oratrix is the widow of said Edward. Said bill does not show nor claim that the defendants Troth and Trotter and the defendant Camden Safe Deposit and Trust Company or either of them have or claim any interest in any of the parts of said lands in which your oratrix claims a right of dower as aforesaid. The defendants Manning, Hornor and Waples have failed to answer said bill for partition in said New Jersey Court of Chancery, although they have been served with a subpoena issued thereunder. The said defendants Manning, Hornor and Waples are tenants of small portions of parts of the premises in said bill at a nominal rental, not exceeding $20 a year each under a tenancy terminable at will. They have no interest in any controversy in said suit. They were joined as defendants merely in order that they might be required after the partition sale to attorn to a purchaser of such land as was leased to them. They are not indispensable nor necessary parties to said suit. The right to join them as parties is doubtful. The defendants Troth and the Camden Safe Deposit and Trust Company neither have nor claim any interest in any land in which said Edward [Dowd] was seized of any interest at the time of his death, nor in any in which your petitioner claims a right of dower. The defendant Trotter has such a remote and contingent interest therein that she is not a necessary party to the controversy as to petitioner's right of dower nor to said suit between your petitioner and the complainants [Dowd] and defendant Goodman. The interests of said defendant Trotter therein is fully represented and protested by said Edward Lawrence [Dowd] as her trustee as aforesaid. The defendant Magee was made a party by mistake. His tenancy of part of said premises ceased and he surrendered the same to the complainant [Dowd] as Trustee, before the bill herein was filed. The complainants herein propose and are about to move to strike out his name from the list of defendants. VII. That said defendants Goodman and Trotter are fraudulently joined as defendants to said bill whereas in fact they are and each of them is actually a complainant and one of the parties for whose benefit said bill was filed. Said bill was filed by their consent and at their request. Said bill was filed in collusion with them. They were made defendants instead of complainants and the defendants Troth and the said Trust Company were also joined as defendants fraudulently for the purpose of preventing the removal of this suit to the District Court of United States for the District of New Jersey. Their object and intention and that of complainants in so doing was and is to procure a sale of said land by a special master who is a resident of Camden County without the intervention or aid of an auctioneer, and they and the complainants intend to combine in a bid at such sale and to buy said property at much less than its true value. The attorney for the complainants has been requested by your petitioner through your petitioner's counsel to agree upon an auctioneer, but he has refused so to do and has stated in substance that it may not be necessary to employ an auctioneer, and that such employment is not usual at judicial sales in such County. Your petitioner has no funds with which to bid or to purchase or to protect herself at such a sale. She is in absolute destitution. She is supporting herself precariously as a book agent and upon an allowance of no more than five ($5) dollars a week which is paid her irregularly by her son by a former husband born before her marriage to said Edward [Dowd]. The said descendants of Thomas [Dowd] are well aware of these facts and the children of said Edward [Dowd] immediately after their father's death took possession of all the said land in which he had an interest and have since collected his share of the rents and profits thereof and have refused to pay any part thereof to your petitioner and have refused to give your petitioner her widow's right of quarantine and have endeavored to starve your petitioner into submission to them and into the surrender to them of her rights for an inadequate and insufficient consideration. The [Dowd] family to which said complainants and the defendants Goodman, Trotter and Troth belong is one of the oldest and most influential in Camden County. Your petitioner's said husband was a member of the Bar of said County. Said E. Lawrence [Dowd] is a member of such Bar. Prior to the death of said Edward [Dowd] a prolonged and bitter litigation took place between said Edward and your petitioner in which serious charges and counter-charges were made by both sides and in which the residents of said County were to a large extent in sympathy with said Edward [Dowd] who was their neighbor and became prejudiced against your petitioner. This and the said local influence of the said [Dowd] family will make it difficult for your petitioner to obtain justice and the value of her dower at a sale by a special master resident in said County. All the relief prayed in said bill could have been obtained by their consent without litigation and without the interposition of any court, except the sale of the dower right of your petitioner in said land. By the will of said Thomas, it is expressly provided and directed that the trustees therein appointed shall have power to make partition or division of the real estate and personal property or any parts thereof with the said Edward [Dowd], the son of said Thomas, so that the shares or portions may be held in severalty instead of in common and to execute and make all necessary conveyances for affecting said division. Said will further empowers said trustees to sell all said Ellie's interest in such real estate either before or after division or any part thereof either at public or private sale and to convey the same to the purchaser or purchasers freed and discharged from the trusts created by said will and without any liability on the part of the purchaser for the purchase money and in case of such sale to re-invest the net proceeds in real estate or bonds secured by mortgage upon New Jersey real estate and to hold such investments upon the same trusts as the land was which was sold; provided however that no such sale be made without the written request and consent of said Ellie executed and acknowledged as is provided in case of a deed. By an order of the Orphans' Court of Camden County duly made and entered upon the petition of said Ellie [Dowd] Trotter on or about October 29, 1920, said complainant Edward Lawrence [Dowd] was duly appointed trustee to act in the place and stead of the said Edward [Dowd] to execute and complete the trusts created and declared in the said will of said Thomas. Both the trustees originally named in said will had previously died. The said Edward [Dowd] by an order of the same court made June 8, 1894, had been appointed trustee under the said will to act in the place and stead of one of the trustees therein named who had duly announced |