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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 132   View pdf image (33K)
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132 GIBSON'S CASE.—1 BLAND.

three departments; or be commissioned to perform any executive
duty required by any one of the Courts of justice. In cases of
lunacy, if the lunatic be a female, it is generally deemed most
proper to appoint a female committee to take charge of her person.
And so in other cases of that class, it has been sometimes held,,
that the comfort of the unfortunate person would be best promoted
by having his person placed under the care of a female committee,
as by appointing the wife to be the committee of her husband, &c.
Ex parte Le Hewp, 18 Ves. 226; Exparte Ludlow, 2 P. Will 635.
The Chancellor of Maryland has always been regulated by similar
principles and feelings; and therefore with a view to the peace
and comfort of the lunatic, his daughter has been appointed trus-
tee of his person with others who were constituted trustees of his
estate. H. Clagget's Case, MS. 7th December, 1826. In a credi-
tors' suit, where the estate of the deceased was likely to be ex-
hausted by the payment of his debts, the widow, on asking to be
appointed trustee, with a view to save the commissions for the
support of herself and child, was, no objections being made, ap-
pointed trustee accordingly. Dowig v. Marvel, MS. 16th October,
1789. And so in other cases where the appointment of a female
appeared to be well calculated to promote the interests of all con-
cerned, she has been employed as trustee to carry the decree into
effect, (e) Hence it wrould seem, that although it does not otten

(e) Ex PAETE MARGARET BLACK.—The petition filed 23d February, 1804,
sets forth, that the late George Black, by his last will, declared in these
words: "I also direct and devise the farm that I bought of William Keat-
ing, together with what land I bought of Simon Weeks, lying on the south
side of the road leading from Black's Cross Roads to the brick meeting-
house, to be sold, and the money arising therefrom to be applied to the pay-
ment of my debts; residue and remainder of my estate, both real and per-
sonal, I give and bequeath unto my son James Black, who I do hereby nomi-
nate and appoint executor of this my last will and testament, and I do also
appoint him guardian to all my children which may not be of age at my
decease;"—that James Black qualified as executor and overpaid the personal
estate £1.122 15s. 2d.; that under an impression that he was, as executor,
authorized to sell the land, so directed to be sold, he had accordingly sold it
to James Welch; and had received a part of the purchase money. After
which, James Black, by his last will had appointed the petitioner his execu-
tor, and died; that there was still a considerable balance due to James Black.
Prayer, that the Chancellor would ratify what had been done, on the ground,
that he might sanction that when done which he might have directed to be
done; or that he would authorize a private sale to enable James Welch to
become the purchaser so as to affirm and reassure his title, and to have the
purchase money applied in discharge of the claim of the late James Black.
&c. Upon which the following decree was passed.

HANSON, C. 4th February, 1804.—The said petition with the last will and
testament of George Black were, by the Chancellor, read and considered;
and provided the facts stated in the said petition be true:—decreed, that the

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 132   View pdf image (33K)
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