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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 163   View pdf image (33K)
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WINDER v. DIFFENDERFFER.—2 BLAND. 163

The trustee Vincent, reported that there would be no necessity
to sell any of the real estate of the deceased to pay his debts, as
there was no reason to believe, that they might be all satisfied from
the personal assets, in the hands of the administratrix, and with
the rents and profits of the real estate, which would then soon be
collected. And he also, some years after, reported that Sarah, who
was the widow of the testator, was dead; and at the same time,
returned accounts, in which he had, as he said, stated an account
with her executor, and also with the devisees.

KILTY, C., 18th May, 1810.—An account rendered by Samuel
Vincent, trustee to the estate of Charles Rogers, had been laid
before the Chancellor without any report, excepting what is stated
in a short note, and in another sent with it, which are neither of
them drawn in a formal manner, or calculated to explain the
nature of the account. No vouchers are exhibited; but the account
appears to be approved by the executors. The auditor is directed
to examine and report on this account, and the statement made
therewith, having reference to the proceedings in Court, under
which Samuel Vincent was appointed trustee.

In obedience to this order the auditor reported, that he had
stated an account between the trustee and the executors of Sarah
Rogers; from which there appeared to be due to them the sum
of £72 9,s. 0d.; that he had stated another account between the trus-
tee and the estate of the testator Charles Rogers, from which it-
appeared, that there was then in the trustee's hands £1,057 11s. 5d.
arising from rents received by him, over and above the sum stated
as due to the executor of Sarah Rogers, that it did not appear how
this sum was to be distributed; or whether there were any debts
due from the estate; and that the accounts had been stated by
him without any proof or voucher, other than the trustee's own
statements.

KILTY, C., 19th May, 1810.—On considering- this report and the
accounts therein referred to, the Chancellor is of opinion, that no
order can, at present, be passed respecting the accounts exhibited
by the trustee. But the subject will again be considered on appli-
cation of the parties interested, or any of them, or of the trustee
for any specific direction.

* After which, the trustee filed an account, on oath, with
vouchers, on which the auditor reported two statements; one 174
showing the balance in the trustee's hands, due to the legal repre-
sentatives of Charles Rogers, viz: 12,889.47; and the other show-
ing the balance due to the representatives of Sarah Rogers, viz:
$227.83 from the third part of the rents.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 163   View pdf image (33K)
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