clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 94   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

94 BOARMAN'S CASE.—2 BLAND.

resentatives, so that this Court might, without delay, completely
deliver itself of the whole subject of which it had taken charge.
2 Harr. Pra. Chan. 122; Shelfordon Lunatics, 208; Ex parte Clarke,
4 Cond. Chart. Rep. 276.

But if this Court were to continue its authority over the estate
of the deceased lunatic, for the purpose of ascertaining the proper
discount to which the trustee was entitled, as next of kin, or cred-
itor other than as trustee, there would be scarcely a single instance
in which, upon the death of a lunatic, who had been under the !
care of this Court, that the administration and distribution of his
estate would not be thrown upon this Court, instead of the Orphans'
Court, which has been, in so especial a manner and in general,
clothed with jurisdiction in all matters relative to the administra-
ion and distribution of deceased persons' estates, since it must
very often happen, that a trustee may have such a claim as
this upon the estate of the deceased. Such a course of proceeding,
as a continuation of the jurisdiction in lunacy, cannot be allowed.
But there may be circumstances in which a bill may be filed by a
next of kin, or a creditor of the deceased lunatic against his ad-
ministrator and trustee for the administration and distribution of
his estate, in which the trustee may be ordered to account in that
cause; and upon such account may have all just allowances made
to him. Wigg v. Tiler, 2 Dick. 552; Shelford on Lunatics, 213.

Here, however, the matter is presented in an entirely different
form.

A trustee of a lunatic is an agent of the Court, who must be
held strictly accountable; and who must hold himself at all times
ready to account, to deliver the property, and to pay the money in
his hands, as ordered by the Court without the least delay.

Whereupon it is ordered, that the said petition be and the same
is hereby dismissed with costs.

After which, on motion of Ignatius Manning in proper person, j
the attachment not having been served upon him, the matter was
again brought before the Court.

*BLAND, C., September 5th, 1829.—Ordered, that the
99 register be and he is hereby directed to receive from the said
Iguatius Manning, the sum of £353 7s. 0d., with legal interest due
thereon, and deposit the same in the Farmers Bank of Maryland
in the usual manner, subject to the further order of this Court;
that sum with interest being the amount ordered to be paid, or
brought into Court by the said Manning by the order of the 15th
day of June last; and the register is further directed, on receipt
of the said sum of money, to give the said Manning a receipt in
full for the same in discharge of the said order.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 94   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives