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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 287   View pdf image (33K)
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IN THE MATTER OF RACHEL COLVIN. 287
Seeing, then, that Mr. Ellicott stands free from any well-
founded personal objection, and that while there is no reason
to suppose that he will be unmindful of the interest of the lu-
natic, he is the choice of more of those entitled to the succes-
eion than either of the other persons recommended, I consider
it my duty to confer the appointment upon him; but in doing
so, and in putting aside the claims of the other persona recom-
mended for the office, I am not to be understood as concurring
in the imputation of misconduct, and consequent unfitness for
the trust, which has been urged against Richard 0. Warford, one
of them. Upon that subject I express no opinion, resting my
judgment wholly upon what I consider the rule of the Court,
other things being equal, to appoint him who is recommended
by the greatest number of those who are entitled to be heard.
But whilst I place the property in the hands of Benjamin
H. Ellicott, I shall confide the person of the lunatic to the care
of Mrs. Mary Ann Ellicott and Miss Rachel J. Warford, her
kinswomen. The evidence shows conclusively, and it has been
fully conceded on all hands, that they are peculiarly and emi-
nently deserving of the trust, and that their unfortunate rela-
tive will receive from them the kindness and tender regard
and solicitude which her afflicting situation requires; and as
her fortune is ample, the most liberal allowance for her comfort
will be made.
The view which I have taken of this case, relieves me from
the necessity of expressing an opinion upon the admissibility
of the evidence which has been excepted to.
[Afterwards, to wit, on the 5th of February, 1853, a peti-
tion was filed in the cause by Joseph Cain and others, stating
that they are among the next of kin of said lunatic, and that
Said lunatic had departed this life having left a will, the pro-
bate of which is disputed; that, in the mean time, there is no
one to whom Benjamin H. Ellicott, the committee of her estate,
can deliver the same, either personal or real, which is, there-
fore, liable to loss and injury, and praying that a receiver may
be appointed to take possession of the estate of said lunatic,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 287   View pdf image (33K)
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