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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 66   View pdf image (33K)
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66 TOWNSHEND v. DUNCAN.—2 BLAND.

been common in all cases, where there were any peculiar circum-
stances, as to which the Court required information; or where the

knew nothing of the nature and amount of the estate which had come to the
hands of the administratrix Achsa, or her husband Edward; or bow that I
which had, as was alleged, come to their hands, had been administered.
Other matters were set forth by this defendant, who, in conclusion, stated,
that he was willing to account and pay under the direction of this Court.

The defendant Gale answered to the same effect; and admitted, that a sea
vessel, belonging to the intestate Amos, had, since his death, been sent to
Barbadoes, and had brought back a cargo of rum, &c. which had come to
the hands of the administratrix Achsa. This defendant also admits, that
there was on the plantation of the intestate Amos a small quantity of wheat
in hand, or begun at the time of his death. And that the administratrix did
sell and dispose of, upon credit, several negroes, belonging to the estate of
her intestate, viz: Sarah and her sucking child, Jacob, Boson. Betty, Boson,
ailing, and Beck, for £162 sterling; which were appraised to £140 current
paper money. [Bills of Credit under the Act of 1733, ch. 6.1 But this de-
fendant knows nothing of the manner in which the administratrix Achsa
administered or accounted for the estate of her intestate which came to her
hands. This defendant concludes by declaring his readiness to account as
the Court may direct, &c.

BLADEN. C., February, 1743.—Ordered, with the consent of the defendant
Gale, that an allowance of £40 currency be paid to the guardian of Mr.
Woodward's children, for the maintenance of the said children until the
next Court; and that such sum be deducted out of such part of the estate as
shall appear to be due to them.

The plaintiffs put in a general replication to the answers of the defendants:
upon which a commission was issued, in the usual form, "to examine evi-
dences, and also to audit, state, settle and adjust all accounts,'" between the
parties. (Clapham v. Thompson, 1 Bland, 124, 'note; Dorsey v. Dulany, 1
Bland, 465, note.) Under which commission much testimony was taken:
from which an account was stated: as to all which the commissioners made
report as follows:

"To his Exceliency, Thomas Bladen, Esq. Chancellor of Maryland—We
humbly certify, that by virtue of the commission hereunto annexed, and to
us directed, (having chosen Richard Burdus to be our clerk,) we met on
several days and times, and proceeded to take the depositions of Messrs.
John Lomas and Edward Dorsey to several interrogatories, to them severally
administered, as by the same interrogatories and depositions hereunto an-
nexed will appear.—And we further certify, that we have stated, audited,
settled, and adjusted all such accounts as were, by either party, produced:
and have computed the interest on bonds, from the time of their administra-
tion granted, till payment of principal; part of which interest we find paid,
and the other part not paid, as by the first and second columns of the ac-
count A, hereunto annexed, appears; and humbly submit it to your Excel-
lency, whether Mr. Woodward's estate ought to have the benefit of the in-
terest received after administration granted, or the administratrix; and
whether the administratrix ought to be chargeable with interest, mentioned
in the second column, when it does not appear to us, that any was received.

"And we find, that Edward Fottrell, and Achsa his wife, are chargeable
for the personal estate and debts due to the said Amos Woodward, exclusive

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 66   View pdf image (33K)
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