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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 376   View pdf image (33K)
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576 HAMMOND v. HAMMOND.—2 BLAND

takes the place of the creditor whose claim he has thus satisfied,
and is allowed interest accordingly. I see nothing erroneous in
the mode of charging interest as stated in the accounts reported
by the auditor.

Whereupon, it is ordered, that the exceptions to the auditor's
report be overruled, and the case is hereby again referred to the
auditor, with directions to state an account accordingly, after the
whole fund set apart by the will and codicil shall have been ap-
plied as therein directed; which may be effected either by a sale
of so much of it as yet remains undisposed of, under a decree to
be passed for that purpose, or by having it disposed of and ad-
justed by consent.

After which, the parties having adjusted some of the matters in
controversy by an agreement filed in the case, the auditor made a
report of the amount with which each of the devisees was charge-
able, as contributors to the sum necessary to be raised to meet the
amount of claims against the estate, and the case was again sub-
mitted to the Court.

BLAND. C., 4th February, 1830.—This case standing ready for
hearing, ami being submitted, the proceedings were read and con-
sidered; whereupon it is decreed, that the auditor's report of the
28th of January last, and his additional report of this day, be, and
the same are hereby in all respects ratified and confirmed.

And it is further decreed, that the complainant Thomas Ham-
mond on or before the first day of March next, bring into this
Court the sum of $240.37 2/5, with interest thereon from the said 28th
of January last; that the defendants Philip Hammond, Marianna
Hammond, Harriet Hammond, Edward Hammond, and Cecilia
Hammond, who are the children of Philip Hammond, Jr., deceased,
on or before the first day of March next, bring into this Court the
sum of $555.28f, with interest thereon from the 28th of January
last; that the defendant Rezin Hammond, on or before the first
day of March next, bring into this Court the sum of $1,377.98!,
with interest thereon from the 28th of January last; that the com-
plainant John Hammond, on or before the first day of March next,
* bring into this Court the sum of $555.28f, with interest
392 thereon from the 28th of January last; that the defendant
Matilda Hammond, on or before the first day of March next, bring
into this Court the sum of $555,28 2/5, with interest thereon from the
28th of January last; that the defendant Harriet Hammond, on or
before the first day of March next, bring into this Court the sum
of $145.93 2/5, with interest thereon from the 28th of January last;
that the complainant George W. Hammond, on or before the first
day of March next, bring into this Court the sum of $555.28 2/5, with
interest thereon from the 28th of January last; and that the de-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 376   View pdf image (33K)
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