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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 199   View pdf image (33K)
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CAMPBELL'S CASE.—2 BLAND. 199

The defendant put in his answer, in which he admitted that he
had been appointed a trustee as stated, and that the plaintiff Ed-
ward, had contracted for the sale of the lands in Baltimore County
as set forth; but that the defendant had heard, that he had not
applied so much of the purchase money as he had received from
Warfield to the satisfaction of his testator's debts; and that the
proposed sale to Hood, was for less than what the defendant con-
ceived to be a fair price, and was also of such a part of the land
as would make the residue very unsaleable; and, therefore this
defendant had withheld his assent to the proposed sales.

BLAND, C., 7th October, 1825.—This case standing ready for
hearing, and having been submitted, the proceedings were read
and considered.

Whereupon it is decreed, that for the payments of the debts,
and the execution of the trusts as specified in the last will and
testament of the said late William Campbell, the said John
McHenry and Edward Campbell, the trustees named and appointed
by the said testator, forthwith proceed to make sale of the property
and estate of the testator, according to the directions of Ms last
will and testament, in such manner, and upon such terms as they
may deem most advantageous to all parties concerned therein.
And if the sale of all the lands of the testator lying in Baltimore
County should not produce a sufficient amount, together with the
debts due to Mm, to satisfy all the debts due by the testator, that
then the trustees, for that purpose, forthwith proceed to make sale,
of the square in Fredericktown, the Tontine shares, and the ten
Potomac shares, as specified in the testament of the deceased, or
so much thereof as *may be necessary; and if there should
still be a deficiency, that then as much of the testator's 212
property lying in the City of Washington be sold as may be neces-
sary to supply the deficiency. And the money arising from the
sales shall be applied by the trustees to the payment of the debt,
dne by the testator, and according to the uses and trusts specified
in his last will and testament. And the sales of the testator's
estate, which were made unto Warner Warfield and unto James
Hood, as set forth in the proceedings, are hereby approved, and
each of the said contracts is hereby directed to be executed and
completed upon the terms expressed in the proceedings. And it
is further ordered, that Edward Campbell, one of the said trus-
tees, shall, as soon as conveniently may be, return to this Court a
full and particular account of his proceedings relative to the sales
stated to have been made by him, and of the amount of the pur-
chase money received by him, and whether he has the same now in
hand and if not, how and in what manner he has disposed of or dis-
tributed the same in execution of the trusts reposed in him, with
an affidavit of the truth thereof.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 199   View pdf image (33K)
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