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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 319   View pdf image (33K)
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O'HARA VS. SHEPHERD. 319
vert County, passed the 14th of May, 1850, the administrator
was directed to discontinue proceedings to collect the claims
then remaining uncollected, except three small claims, specified
in the order.
In a memorandum at the foot of the account A, the balance
ascertained by it to be due from the administrator, is shown to
consist—
1st. Of debts received from the Collector still un-
collected, . . . . . . $883 96
2d. Balance due on the mortgage of the adminis-
trator, bearing interest from the 10th of
October, 1851, . '. . . . 722 28
3d. Cash, . . . . . . . 252 99
$1,859 23
And it is objected, in the sixth exception of the defendant,
that the Auditor should not, in his account, have treated these
uncollected debts as cash in the hands of the administrator, for
which he can be made at this time liable. Seeing, as I have
already stated, that the administrator has used due diligence
in settling the estate, it certainly would be wrong now to make
him responsible for these unrealized claims as cash, and, judg-
ing from the memorandum, I am persuaded the auditor did not
propose to do so.
There is one point, however, in which the report is not
entirely satisfactory. Of the balance stated in account A,
to be due from the administrator to the estate of his intestate,
the sum of $883 96, as shown by the memorandum, consists
of uncollected debts received by the administrator from the
collector. The Orphans Court, by their order of the 15th of
May, 1850, directed the administrator not to prosecute further
the uncollected claims, except those of inconsiderable amount,
because they were by the Court regarded as desperate. Now
it does not appear by anything on the face of the Auditor's
report, or either of the accounts, whether any, and if any,
what proportion of this $883 96 consists of claims which the
Orphans Court have considered as desperate, and I shall send

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 319   View pdf image (33K)
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