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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 327   View pdf image (33K)
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HAMMOND v. HAMMOND— 2 BLAND. 327

of proceeding, the like power has been given to the Court of Chan-
cery to sell such estates in remainder or reversion belonging to
minors as estates in possession. 1790, ch. 38.

hereby, authorized to dispose of the home plantation on which Mrs. Hannah
Clayton lately dwelt, at private sale, in the manner and upon the terms
mentioned in a paper this day filed, and subscribed by sundry creditors of
the said deceased: and that the said trustee having so made sale, report the
same, &c.

The trustee, on the 20th of February, 1796, in the form of a letter ad-
dressed to the Chancellor, reported, that he had sold the home plantation to
Henrietta M. Clay ton for £3 per acre; that he had had the tract surveyed
and found it to contain 189 1/8 acres, and amounted to £567 7s. 6d.—which sale
was on the 26th of April following, ratified and confirmed; after which, the
case was submitted for further directions.

HANSON, C.. 28th March. 1796.—Ordered, that the Chancellor, on the first
Tuesday in June, will proceed to decide on each of the following claims
against the estate of the said Clayton, viz: the claim of Cornelia Sewell,
Esther Hindman, Henrietta Bracco, and James Earle: provided, respec-
tively, that a copy of this order be served on the claimant at any time before
the fifteenth day of May next.

Edward Harris, and Thomas Air,ey and wife, by their petition filed on the
16th of December, 1796, exhibited a claim against Solomon Clayton, de-
ceased, as having died, seized of land which had descended, or been devised
to him by his father Edward Clayton. They alleged, that the said Edward
Clayton, with three other persons, became security in a bond for Elizabeth
Harris and George Garnet, executors of Thomas Harris, father of the said
Edward Harris, and the wife of the said Thomas Airey; that there was due
to them, from the said executors, a large sum for filial portions: that the
executors not having discharged the said claim, a suit was instituted against
the said Hannah on her bond, and judgment obtained by default: that she
died, having fully administered, &c.; that then Michael Earle administered
on the goods not, &c. of Edward Clayton, and died, having fully admin-
istered: that they had revived the judgment against him, and endeavored
to execute a writ of inquiry: that at length the damages were ascertained at
September Term, 1795, to £1,084 and costs; that as there is no personal
estate of Edward Clayton, the lands in the hands of his grandchildren,
which have come to them from him, are liable: that Solomon, their father,
to whom the said lands from Edward had descended, had no personal
estate; that they are entitled to be preferred to the proper creditors of the
said Solomon; that they had not exhibited their claim before money had
been paid to the said proper creditors: but as there is a balance in the trus-
tee's hands of £683 8s. 6d., they claim it in virtue of that title to preference.

HANSON, C., 20th March, 1800.—The claims of these petitioners, when their
petition was filed, were then laid before the Chancellor, who found their
Proofs defective, and suggested what was necessary to bring the merits of
the case fairly before him. The papers have since been laid before him
several times, but he always has found them defective. He has this day ex-
amined every paper filed relative to the claim, and it appears to him that
several papers which had been filed are now wanted, and it is not in his

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 327   View pdf image (33K)
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