WEST VS. WILLIAMS. 359
Chancellor, in his opinion, it is unnecessary to make a full state-
ment of the case.]
THE CHAMCELI.OB:
To the original answer of the defendant in this case, the plain-
tiffs excepted for insufficiency, but before the time fixed for
hearing these exceptions had arrived, the defendant filed an
answer to the exceptions; and it seems to be conceded that
this answer gives all the information required by the bill, and
is full and complete except with reference to a part of that spe-
cified in the fourth exception, which is in the following words:
"That whereas, the bill calls for a particular and detailed ac-
count of the entire trust, since it came under the charge of the
defendant, either as agent or trustee, specifying the sums of
money received, the date of each receipt, the amount of each
receipt, and the party from whom received. The sums paid
away; the amount of each payment; the date of each pay-
ment; and the name of the party to whom paid; the entire ex-
penses of the trust, and the particulars of such expenses."
And this exception affirms, that the answer gives no such ac-
count as the bill in this respect is assumed to call for.
Independently of other objections, the existence and validity
of which it is not proposed now to notice, it is material to in-
quire, whether the plaintiffs by their bill have made such a case
as entitle them to all the information called for by this excep-
tion.
It appears by the bill and exhibits, and the admissions of the
answer, that James West, the intestate of the plaintiffs, on the
21st of November, 1805, conveyed all his property, of every
description, to Humphrey Pierce and Alexander Macdonald, in
trust, for the payment of his debts in the mode specified in the
conveyance; that the trustees accepted the trust and appointed
James West their agent in the management thereof, who con-
tinued to act as such until his death in December, 1809; and
that there became and was due to him for advances of cash be-
yond his receipts, and for his services as agent, the sum of
about $9,900.
|
|