clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 415   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

JONES v. STOCKETT.—2 BLAND. 415

other respects with this decree be and the same are hereby ratified
and confirmed; and so far as the same, with the exceptions thereto,
may be at variance with this decree the same are hereby rejected
and overruled. And it is further decreed, that all the costs of
these suits and proceedings to be taxed by the register, except
where such costs have, been otherwise directed to be paid by any
previous order, be paid by the said trustees, and deducted, in due
proportion, from the * proceeds of the property of the said
legatees, which have or may come to their hands. 434

On the 22d of February, 1830. the trustee Wayman, by way of
report, brought into Court the vouchers of three claims which he
had held for the estate and legatees of his testator: and declining
to give bond, as required by the decree of the 5th of November,
1829, said, that in conformity, as he believed, to the wishes of
Jones and wife, recommended in his place Joshua Jones, of Freder-
ick County. And Jones and wife, by their petition, filed on the
9th of March following, expressed their assent to the resignation
of the trustee Wayman; and proposed, with the approbation of
the Court, that Joshua Jones, of Frederick County, should be ap-
pointed in his place. To which proposition the solicitor of the
trustee Stockett, and of Larkin Shipley, the legatee, by their note
in writing, expressed their consent. Upon which the matter was
submitted.

BLAND, C., 20th March, 1830.—The petitioner is Samuel Jones
of Joshua, that is, as it would seem, the son of this Joshua Jones
of Frederick. If that be the case, then it appears, that after
having failed to have himself appointed trustee of this legacy
of $7,000, and thus directly getting it into his own hands, he
now, indirectly, seeks to attain the same object, by having it
placed in the hands of his father. In answer to such movements I
would say, in the language of one of England's most distinguished
Chancellors, Lord Nottingham, "I like not that, a man should be
ambitious of a trust when he can get nothing but trouble by it;"
Uvedale v. Ettrick, 2 Cha. Ca. 131; and therefore declare, without any
refleetion on this Joshua Jones of Frederick, that he shall not, as
trustee, meddle with this trust.

It is true, that this Court may, for just cause, remove a trustee
and appoint another in his place; as where the trustee had become,
by reason of age or infirmity, unable to attend to his duties; Mil-
bard v, Lambe, Amb,, 309; Sennet v. Honywood, Amb. 710; or where
a feme sole trustee had married a foreigner; for, although -a feme
covert is not incompetent to officiate as a trustee, yet there is
much inconvenience in her doing so, and especially when she
may, as the wife of a foreigner, be taken out of the State; Lake
v. De Lambert, 4 Ves. 593; or where the trustee had gone abroad

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 415   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives