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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 6   View pdf image (33K)
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6 CRAPSTER v. GRIFFITH.— 2 BLAND.

as she then considered it, for what she was entitled to, which, if
leading to her injury, ought not to be countenanced by a Court of
equity. 1715, eh. 39, s. 15.

With respect to the manner of taking the account, it is not
meant to decide thereon at present; but the Chancellor-is of opin-
ion, that so far as the specific property came to the bauds of the
defendant as guardian, having before held it by his intermarriage
with the administratrix, he is not entitled to settle by the amount
of the inventory in money. But, on the other hand, the Chan-
cellor is not satisfied, that the appraised value of the negroes, &c.
(as far as it is to be considered in the account,) it is to be contro-
verted by the opinions of witnesses as examined in the commis-
sion.

* Decreed, that the release signed and sealed by the com-
8 plainant Harriet, tiled with the proceedings, exhibit No. 6, be
set aside, annulled, and declared void as such, leaving the money
and articles therein referred to, to be restored or accounted for as
shall hereafter be ordered. And that the defendant account with the
complainants for their proportion of the personal estate, and for
the rents and profits of the real estate in the proceedings men-
tioned. That the said accounts be stated by the auditor accord-
ing to the proof already taken, and in addition thereto, on such
proof as may be produced by either party; and to be returned,
subject to the farther order and decree of this Court.

The plaintiffs, by their petition, stated that they had frequently
applied to the auditor to state an account, as directed by this
decree, which he had not done, by which means the defendant was
in the full enjoyment of all their property, to their great delay
and injury. Wherefore, they prayed, that the auditor might
be ordered to proceed without delay, &c.

KILTY, C., 5th June, 1812.—The auditor is directed to proceed
immediately on the statement of the accounts under the decree;
unless prevented by any particular circumstances, which circum-
stances, if any, he will state to the Court.

After which, the auditor stated, and on the 2d of July, 1812, re-
ported an account, as required by the decree; which was suffered to
remain some time without objection, when the case was again
brought before the Court by the plaintiffs.

KILTY, C., 15th July, 1812.—The report having been docketed,
and laid during the first seven days of the present term, the com-
plainants are entitled, under the rule of the Court, to have the ac-
counts ratified, or examined and decided on.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 6   View pdf image (33K)
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