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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 344   View pdf image (33K)
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.844 HIGH COURT OF CHANCERY.
sary, to and amongst such of the creditors" of the grantors,
named in another schedule annexed to the deed, "as shall,
within six months from the date" thereof, "signify their assent
to the terma of this deed, and execute and deliver to the"
grantors " a full and final release and discharge of and from
all claims, to the time of executing these presents, in full satis-
faction and payment of all such claims of all such creditors
assenting, as aforesaid, and executing such release, as afore-
said, if the fund be sufficient for that purpose, and the balance
or surplus, if any may remain, shall and will pay over to the
said John Hollins, or to his legal representatives; but ratably
and proportionably, accordingly to the amount of the claims of
each of the said creditors, if the fund be insufficient to dis-
charge the whole. Provided always, that the United States shall
not be required to signify any assent, nor to execute such re-
lease, as aforesaid, to entitle them to a share of the proceeds
or fund arising from this trust: and provided, also, that the
proportion or share of such creditor or creditors, if any, as
shall neglect, refuse, or omit to execute such assent or release,
as aforesaid, shall not be distributed or divided amongst the
other creditors, but shall be, by the said trustees, held subject
to the future order and control of the said John Hollins, his
executors, administrators, or assigns."
On the same day, the said John Hollins executed another
deed, conveying other property, real and personal, to the same
trustees, upon the same trusts, conditions, and provisos. Some
of the creditors referred to assented to the deed, and executed
the required releases, others did not.
Afterwards, in 1849, the trustees recovered, under the Com-
mission between the United States and Mexico, a large sum of
money, upon one of the claims assigned to them by these deeds,
a large portion of which they divided, according to the terms
of the trust, among the assenting creditors, but there still re-
mained about $5,000 in their hands, undivided. John Hollins
died in 1827, and his administrator, on the 8th of April, 1850,
filed the present bill against the trustees, to recover the said
balance of $5,000, according to the terms of the said deeds.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 344   View pdf image (33K)
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