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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 418   View pdf image (33K)
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418 HIGH COURT OF CHANCERY.
this court to compel him to take it. But if the debt secured by
the first mortgage be due, then the desire of the court in all
cases, to make a final settlement of the rights of all persons in-
terested, strongly enforces the necessity of bringing him in.
Without meaning to pronounce a definitive opinion upon this
question, I suggest it, merely for the consideration of the com-
plainant's counsel, and will, for the present, let the case stand
over, to enable him, if he chooses, to file an amended bill. If
he elects not to do so, I will sign a decree for an account, and
reserve the question of parties, for the final hearing.
The defence taken in the answer of Mrs. McMakin, that
there was a parol agreement that the land should not be sold
during her lifetime, cannot be sustained. There is, in the first
place, no proof of any such agreement, and if there was, it would
be inadmissible as varying, by parol, the terms of a written
agreement.
WM. H. COLLINS and R. W. GILL for Complainants.
E. HAMMOND for Defendants.
[By an agreement of parties, filed on the 13th of September,
1851, the administratrix of Feelenayer, the prior mortgagee,
was admitted as a party to the suit, and a decree passed for the
sale of such parts of the mortgaged property as was not includ-
ed in the prior mortgage.]
BARBARA ANN MURRAY ET AL. .
vs. MARCH TERM, 1851.
THOMAS FEINOUR.
[POWERS OF TRUSTEES--CHANGING INVESTMENTS OF TRUST MONEY.]
WHERE a testator purchased certain stocks, and gave them by his will to a trus-
tee, for the use and benefit of his daughter and her children, without dele-
gating to any one a power to change the investment, it was HELD—
That if the trustee, without an express authority from some competent tribunal,
should dispose of these stocks and invert the money in other securities, he

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 418   View pdf image (33K)
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