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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 215   View pdf image (33K)
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WILLIAMS' CASE.—3 BLAND. 215

Scho. & Lefr. 35; Ex parte Darlington, 1 Ball. & Bea. 240; Ex parte
M'Key, 1 Ball & Be« 405; E# parte Green, 1 Jac. & Walk. 253;
Hooper v. Royster, 1 Nun. 119. (d)

(d) HANSON v. CHAPMAN.—This bill was filed on the 8th of August, 1796,
by Samuel Hanson and others against Henry H. Chapman. It states, that
the late Samuel Hanson, by his will, bequeathed certain legacies to the
plaintiffs; and on the death of his granddaughter Anna H. Chapman, and
his daughter Eleanor Chapman, without issue, directed that his real estate
should be sold for the payment of those legacies, That he appointed George
Lee and Henry H. Chapman, his executors, and authorized them to make
the sale: that Lee had renounced the executorship, and it was doubtful
whether Chapman alone could sell and make a good title; and that the tes-
tator 's granddaughter and daughter were both dead without issue. Prayer
to appoint a trustee to make the sale, &c.

Henry H. Chapman, who alone was made defendant, answered, admitted
the facts, and consented to a decree as prayed. Whereupon, it was, on the
8th of October. 1796, Decreed, in the usual form, that Henry H. Chapman
make the sale, &c. Under which decree sales were made and ratified ac-
cordingly. After which, on a considerable amount of the proceeds being
brought in, they were, by the direction of the Court distributed among the
legatees of full age

HANSON. C., 11th September, 1801.—On the petition of several of the said
devisees, it is Ordered, that the auditor state the sums of which each of
them is entitled to out of the principal money arising from the said sale;
and that he state the sum which each devisee is entitled to receive of the
money brought into Court, charging him or her with the payments already
made to him or her. Out of the said money is to be deducted the trustee's
commission, hereby allowed him of £175, exclusive of all except personal
expenses. And in making these statements he is to take into consideration
the specific and contingent legacies given by the said Hanson's will. It is
the intent of this order, that if there be money brought in sufficient, after
the aforesaid deductions, to pay unto each devisee of lawful age the propor-
tion of the principal money to him or her due, the same shall be paid. The
register is hereby directed to receive any money arising from the sale to be
offered by the trustee; and, with the treasurer's leave, deposit the same in
the Western Shore treasury, subject to future order. And it is the intent
of this order, that the said money be brought into the account to be stated.

After which the case was again brought before the Court at the instance
of one of the infant legatees.

HANSON, C., 29th October, 1801.—It is represented to the Chancellor that
William Baker, one of the children of Mildred Baker, daughter of the said
Hanson, and mentioned in his last will, is nearly twenty years of age, and
engaged in the study of physic; and that it will be of great importance to
him to receive immediately the money to which he is entitled under his
grandfather's will. The Chancellor being satisfied of the truth of the said
representation, and that the interest of the said infant will most probably
be best promoted by permitting him to receive the said money wherewith he
may advantageously prosecute his studies. It is Ordered, that there be paid
to the said William Baker, the money to which, agreeably to the auditor's
report, he is entitled, arising from the sale of the real estate of Samuel

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 215   View pdf image (33K)
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