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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 366   View pdf image (33K)
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366 HAMMOND v. HAMMOND.—2 BLAND.

upon which subsequent interest is to be computed until paid, no
interest has been allowed to a creditor upon his costs; although

representatives have any just claim against the estate of Alexander Frazier.
The Chancellor hath declared himself thus fully; because the grounds of his
decision could not be obvious; and because he wishes, on every occasion, if
possible, to reconcile to the losing party his determinations. There are, in-
deed, circumstances in this case, which required that he should explain him-
self; in order that one principle, at least, should be known to be established;
(3 H. & J. 144, note.)

On the 3d of October. 1799, the auditor reported, that he had stated the
claims exhibited against the estate of Alexander Frazier, deceased, amount-
ing, on the 12th day of April, 1796, to £5,274 18s. 0d. including the claims of
James Pattison, as heretofore stated and returned as account No. 1. And on
those claims, he remarks, that Nos. 11, 13 and 15, are not proved: that Nos.
16 and 17 are proved, with an exception to allow any account standing
against them on the deceased's books; that No. 12 is only a copy of a receipt
exhibited as money paid to the said Alexander Frazier as attorney; but not
proved by the claimant; and that No. 14 is a note of hand, given to Richard
Ward, and proved by Zachariah Ward, who does not even state, that he is
executor or administrator of Richard; the probate is also deficient.

The purchaser, Charles Williamson, by his petition, stated, that, under a
persuasion that John A. Frazier was entitled to half the purchase money, he
had accordingly paid him that amount, and obtained his receipt; whereupon,
he prayed that he might be allowed a credit for so much upon his bond.

After which, and upon all the foregoing matters, the case was again
brought before the Chancellor for further and general directions.

HANSON, C., 23d May, 1800.—Let the auditor, at the request of the pur-
chaser, state the proportion of each creditor, reserving the amount of claims
not established. The Chancellor, on application, at any time after the 10th
of July next, will decide on any claim against the estate of Alexander
Frazser, which has not yet been passed; provided a copy of this order be
inserted in the Maryland Gazette three times before the 15th of June next.
Depositions taken before a single magistrate will be received as evidence of
any of the claims aforesaid. The rules prescribed by the Orphans' Court,
with respect to claims against deceased persons, are adopted in the Chancery
Court; claims passed by an Orphans' Court are generally passed by the
Chancellor, unless the same are disputed.

In obedience to this order, the auditor, on the 4th of November. 1800, re-
ported that he had stated the claims exhibited against the estate of Alex-
ander Frazier, deceased, and the dividend on each claim, amounting to
£1,405 12s. 3d. the one-half of the purchase money due them on the 12th
day of April. 1796: that No. 11 was not proved: No. 12 was a copy of re-
ceipts, and not proved, only as being true copies of the receipts; No. 13 was
not proved: No. 14 was a note to Richard Ward, proved by Zachariah Ward,
who said he had not received any part, but had not said that he was either
the executor or administrator; and No. 16 was proved, with an exception
to allow any account against it on the deceased's books. Upon which the
case was again submitted to the Chancellor.

HANSON, C.,2d December, 1800.—The Chancellor has examined the audi-
tor's last statement of claims, and the dividends by him struck. He is of

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 366   View pdf image (33K)
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