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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 641   View pdf image
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WARING v. WARING.—2 BLAND. 641

The proceeds of the sale about to be ordered, might, if it could
be done with proper security, be placed in the hands of the admi-
nistrator of the deceased, to meet in due course of administration,
the demands upon that personal property in his hands, which they
are intended to relieve and save from the claims of creditors. But
an administrator or executor only gives bond for the faithful ad-
ministration of the personalty, as left by the deceased, which may
come to his hands, and nothing else; and therefore, that bond
could not be considered as a security for any proceeds of the sale
of the realty which this Court might direct to be placed in his
hand, (c) And as this Court could not demand any additional
security from the administrator of the deceased, even if he were a
party to this suit, it must itself call in the creditors of the deceased,
and distribute the proceeds of sale among them as usual, in a cre-
ditor's suit originally instituted by a creditor in behalf of himself
and all other creditors.

Decreed, that the tracts of land lying in Anne Arundel County,
called Schekle's Chance, and Lot No. 57, whereof Henry Waring
died seized, be sold, and that Thomas F. Bowie be, and he is
hereby appointed trustee to make the said sale, &c. &e.; to sell the
said land and premises at public sale to the lighest bidder on a
credit of six months, the purchaser to give bond with surety to be
approved by the trustee for the payment of the purchase money,
with interest from the day of sale, &c. &c. And the said trustee
shall, at the time of advertising the said property for sale, give
notice to the creditors of Henry Waring, deceased, to file the
*voucher's of their claims in the Chancery office within four 678
months from the day of sale. 678

Under this decree the trustee sold the property as directed,
which sale was finally ratified on the loth of December, 1831.
After which the widow was allowed one-eighth of the net pro-
ceeds of sale in lieu of her dower; and no creditor having come
in as notified, the residue of the proceeds of sale were after-
wards, on the application and with the consent of all parties, or-
dered to be paid over to the intestate's surviving administrator to
be by him administered in due course. And the case was thus
closed here.

(c) 1831, ch. 315, s. 10 and 11—as to sales of real estate by an executor,
authorized to sell by his testator; and that the bond of an executor or guar-
dian shall be answerable for the proceeds of the sales of the real estate of
he testator or ward, which may come into his possession.

41 2B.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 641   View pdf image
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