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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 289   View pdf image (33K)
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IN THE MATTER OF RACHEL COLVIN. 289
was appointed administrator pendente lite of the personal
estate of the lunatic by the Orphans Court of Baltimore
City; and by his petition, filed on the 1st of March, 1853, he
prayed that the order of the 9th of February, 1853, might be
rescinded, the receiver discharged, and an account taken, &o.
Upon the hearing of this petition, the Chancellor delivered the
following opinion.]
THE CHANCELLOR:
Upon the petition of certain parties claiming to be interested
in the estate of the deceased Rachel Colvin, formerly a luna-
tic, and whose estate and person were in the care and custody
of trustees appointed by this Court, as shown by the proceed-
ings in the cause, an order passed on the 9th of February last,
appointing Benjamin H. Ellicott receiver, with certain powers
as in the said order are specified and defined. The same party,
by an order in lunacy, had been appointed committee of her
estate, the Court, for reasons stated on a former occasion,
having thought it expedient to commit the care of her person
to other parties.
The lunatic is now dead, and there being a contest likely to
be protracted, in regard to the validity of a certain paper wri-
ting, or writings, purporting to be her will, the Orphans Court
of Baltimore City have granted letters of administration pen-
dente lite to Richard 0. Warford, who has accepted the trust
and given an approved bond for the faithful performance of
the duties of the office.
The administrator thus appointed and qualified, by his peti-
tion filed on the 1st of the present month (March, 1853), prays
that the order of the 9th of February may be rescinded, the
receiver discharged, and an account taken, to the end that he
may be compelled, as committee and receiver, to bring into
Court all moneys collected and received by him in both capa-
cities. Upon this petition, an order passed for a hearing,
and the questions presented by the petition have been argued
by counsel, upon its allegations, the answer thereto, and cer-
tain depositions and facts introduced by agreement of parties.

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 289   View pdf image (33K)
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