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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 91   View pdf image (33K)
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BOARMAN'S CASE.—2 BLAND. 91

the sheriff on the subpoenas issued in pursuance of the

* order of the 15th day of July last, that John H. Manning, 95
one of the trustees, is dead; that Ignatius Manning, the other
trustee, now resides out of the State; Ex parts Ord. 4 Cond. Chan.
Rep. 44; and that the grant or appointment made by the orders of
the 13th of November, 1810, and of the 20th of November, 1820,
were joint, a mere authority without any interest, which deter-
mined by the death of one of the trustees. Ex parte Lym, Cas.
Temp. Talbot, 143; Ex parte Clarice, 4 Cond. Chan. Rep. 279. It is
therefore ordered, that the appointment of the said Ignatius
Manning as trustee of the said lunatic, be and the same is hereby
annulled.

And it is further ordered, that the care, custody, and charge of
the person and of the estate, real and personal, of the said Corne-
lius Boarman, a lunatic, be and they are hereby committed unto
James Boarman, of Charles County, one of the next of kin of the
said lunatic: provided, that before the said James Boarman shall
act as trustee as aforesaid, he shall file with the register a bond to
the State, executed by himself, and a surety or sureties, to be ap-
proved by the Chancellor, in the penalty of ten thousand dollars,
conditioned for the faithful performance of the trust reposed in
him by this order; and for returning to this Court, within six
months from the date thereof, an inventory of the real and per-
sonal estate of the said lunatic which shall come to his hands, or
be known to, or discovered by him; and for delivering the same
up agreeably to the Chancellor's order; and to account for the pro-
ceeds of toe same to the lunatic's use, and in such manner as the
Chancellor shall direct by any future order.

The trustee Boarman gave bond accordingly. Soon after which,
Iguatius Manning by his petition, on oath, stated, that he had
resided within the District of Columbia ever since the year 1817,
which fact was well known to the Chancellor when he passed the
order of the 20th of November, 1820; that the lunatic then occu-
pied the same house in which he had resided for the last thirty
years, and which was then every way good, sufficient and suitable
for him; that he was taken great care of by the petitioner's bro-
ther, to whom he was attached; that the conduct of the petitioner,
in relation to the lunatic and his estate, had been in all respects
fair and upright; that having been authorized by the previous
orders of this Court to use the lunatic's estate as his own, the

* order of the 11th of April last operated oppressively upon
him, inasmuch as he had commenced and was then carry- 96
ing on a crop with the negroes; that James Boarman was a man of
bad character, and, his sureties, although respectable men, were
not sufficient for the purpose. Whereupon this petitioner prayed

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 91   View pdf image (33K)
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