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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 228   View pdf image (33K)
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228 WILLIAMS' CASE.—3 BLAND.

intended to be sold. Sug. Ven. Pur. 16; Doolin v. Ward, 6 John.
Rep. 194. Bnt, to prevent a sale of the property for less than its
value, where the sale is not made for the payment of debts; but
merely to effect a division; and particularly, in cases like this,
where the object is a conversion of the property as necessary for
the interest and advantage of infants, or of persons non compos
mentis, it has been the practice here, as in England, to allow a
reserved bid for the benefit of the owners, and to authorize the
trustee to employ a bye-bidder accordingly. Conolly v. Parsons,
3 Ves. 625, note; Smith v. Clarke, 12 Ves. 477; Jerroise v. Clarke,
1 Jac. & Wal 389; Brooker v. Collier, 3 Cond. Cha. Rep. 439;
Shelf, on Lunatics, 366, 368. (k)

(k) KILTY v. QUYNN.—This bill was filed on the 4th of June, 1804, by John
Kilty against John Quynn, and Kitty, Betsey, William, Alien, and Casper
Quynn, the five infant children of Alien Quynn, Junior, deceased, and John
Gassaway, a minor, and Eliza Gassaway, children of Polly Gassaway, de-
ceased. The bill stated that Alien Quynn the elder being seised in fee sim-
ple of certain tracts, lots, and parcels of land, made his last -will according
to law and died, by which will he devised, with some particular dispositions,
the whole of his estate, the one-fourth part to his son, the defendant John
Quynn; one other fourth part to his son-in-law this plaintiff; one other
fourth part to the infant defendants the children of his late son Alien Quynn,
Junior; and the other fourth part to his grandchildren the defendants John
Gassaway and Eliza Gassaway, son and daughter of his late daughter Polly
Gassaway; and appointed this plaintiff and John Gassaway his executors.
That some of these devisees being minors, a division could not be effected
without the interposition of this Court, and without; a sale of the property
thus devised to them. Whereupon it was prayed, that a sale might be
ordered; a division made; and that the plaintiff might have such relief as
was suited to the nature of his case, &c.

The infant defendants answered by their guardian ad litem, and the adult
defendants also put in their answers. They all admitted the facts set forth
in the bill, and consented to a sale and division being made as prayed.

HANSON, C.. 18th February, 1805.—Decreed, that the lands and premises in
the bill mentioned, together with any other land that Alien Quynn may
have, by his last will, devised to the complainant and the defendants, be
sold, and the money arising therefrom, under the direction of the Chancel-
lor, after paying the costs of this suit, be divided amongst and paid to the
respective parties according to their several interests; that John Johnson,
who is recommended by more than one-half in value of the persons inte-
rested, be appointed trustee to make the sale; that the course and manner
of his proceeding be as follows, &c. &c., the sales to be on credit, bond with
approved surety to be given to the trustee as such, for the payment of the
purchase money as follows, one fourth thereof, with interest on the same,
on or before the expiration of one year from the day of sale; one other fourth
thereof, with interest on the same, on or before the expiration of two years
from the day of sale; one other fourth thereof, with interest on the same, on
or before the expiration of three years from the day of sale; and the re-
maining fourth, with interest thereon, on or before the expiration of four
years from the day of sale, &c. &c., and upon the approbation, ratification,

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 228   View pdf image (33K)
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