|
of a violation of his trust. — Contee v.
|
A trustee appointed % a decree to make
|
|
Dawson, 289.
|
a sale, cannot be permitted, without
|
|
Those who mislead or practise a fraud
|
J&e* previous sanction if the court, to
|
|
upon a trustee can claim nothing of
him, 290.
|
the proceeds of sale. — Tilly v.
|
|
The cases 40 which a trustee may be
|
no trustee can himself pur*
|
|
appointed, under the act of 1785, ch.
|
the sale he makes, yet a plain-
|
|
72, s. 4, to make a sale on an ex parte
|
tiff, ihfendant, creditor, or mortgagee,
|
|
petition. — Deakins' case, 398; Ex
parte Bonne, 321; ex parte Tongue,
|
may;, and after the costs, &c. have
be^M|ifitteted,~the residue of the pur-
|
|
322; Ex parte Berry, 322; Ex parte
|
chailf ifidiey applied in discharge of
|
|
Zimmerman, 323; Ex parte Conway,
|
the dibt^^lktiraock's case, 467.
|
|
323.
|
In the appointment of a trustee those
|
|
On an application under this act by a
|
creditetrtfco stew the greatest amount
|
|
creditor, if his claim be a stale one,
|
of claimt to have the most weight. —
|
|
some proof of its validity will be re-
|
Watkins v. Worthington, 511.
|
|
quired. — Deakins' case, 400.
|
|
|
A trustee appointed under this act will
|
fJWT* TVTI? C Q
Wll,Nji»bo.
|
|
not be allowed to sell any but the land
|
A cross-examination no waiver of any
|
|
devised to be sold; and may be con-
|
objection to a witness. — Winder v.
|
|
trolled in other respects, 398.
|
Diffenderffer, 193.
|
|
Where such a trustee has left the state
|
A witness may, for cause, demur, upon
|
|
without completing his trust, another
|
which his examination must be sus-
|
|
trustee may be appointed. — Ex parte
|
|
|
Berry, 322.
|
A witness may be compelled to attend
|
|
After the claims have been stated and
|
and have his deposition taken before a
|
|
sanctioned, the trustee allowed to pay
|
justice of the peace, 196.
|
|
them. Hindeman v. Clayton, 339.
|
A witness may be summoned and com-
|
|
Under u»*heiad of just allowances a
|
pelled to give evidence before commis-
|
|
trustee may be allowed a fee paid to a
|
sioners to take evidence. — Maccubbin
|
|
solicitor for advice in relation to his
|
v. Matthews, 252.
|
|
trust. — Jfones ». Stockett, 417.
|
A commission to take evidence should be
|
|
A complaint that a trustee holds the trust
|
executed within a reasonable distance
|
|
fund idle and unprofitable, implies that
|
of the residence of the witness, 253.
|
|
he should bring it in to be invested, 425.
|
A witness or party may be ordered to
|
|
There are few cases in which a trustee
|
attend and testify, or account before
|
|
may not decline to act without the
|
the auditor. — Hammond v. Hammond,
|
|
direction of the court, 425. — Orchard
|
310.
|
|
v. Smith, 319.
|
Where it becomes necessary to have the
|
|
In what cases the court will remove or
|
plaintiff's prochein ami examined as a
|
|
discharge a trustee after he has ac-
|
witness, he may be discharged, and
|
|
cepted the trust.— Jones v. Stockett,
|
another appointed in his place. — Helms
|
|
434.
|
v. Franciscus, 550.
|
