200 CAMPBELL'S CASE.—2 BLAND.
The plaintiffs Cunningham and wife, by their petition, founded
on the Act of Assembly in regard to such matters, 1785, ch. 72, s.
10, represented that the estate of the late William Campbell,
which by the decree of the 7th of October, had been ordered to be
sold by these testamentary trustees, was very large and valuable;
and that it was necessary for the safety of those interested, that
the trustees should give bond with surety for the faithful perform-
ance of the trust; whereupon they prayed, that the trustees might
be ordered to give bond, &c.
BLAND, C., 3d July. 1826.—Ordered, that the trustees Edward
Campbell and John McHenry, on or before the twenty-first day
of August next, execute aud file with the register, their bond to
the State in the penalty of 8100,000, with surety or sureties to
be approved by the Chancellor, for the due execution of the trust
reposed in them, or shew good cause to the contrary; provided,
that a copy of this order, together with a copy of the forego-
ing petition be served on them, on or before the twenty-fourth in-
stant.
A copy having been served as required, and no cause having
been shewn, the matter was again submitted to the Court.
BLAND, C., 30th September, 1826.—It appearing that the
213 order of the third of July last had been served, aud no cause
having been shewn security given as required,—and it thus appear-
ing to be necessary for the safety of those interested in the execution
of the trusts mentioned in the last will and testament of the late
William Campbell, that the trustees should give bond with surety
for the due execution of the same,—It is therefore ordered, that
the trustees, John McHenry and Edward Campbell, be and they
are hereby removed and displaced so soon as the trustee hereinafter
named, shall have given bond as required. And it is further
ordered, that John I. Donaldson be and he is hereby appointed
trustee under the last will and testament of the late William
Campbell, in the place of John McHenry and Edward Campbell:
but, before the said Donaldson shall act as such, he shall give
bond with surety to be approved by the Chancellor for the due
execution of the said trust in the penalty of $100,000, which bond
shall be made payable to the State and filed by the register and
recorded as required, by the Act in such case made and provided.
1785, ch. 72, s. 10.
After the trustee, appointed by this order, had given bond as
required, he brought the case again before the Court, for the pur-
pose of obtaining an account and possession of the estate which
had been thus committed to his administration.
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