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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 348   View pdf image (33K)
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848 HIGH COURT OF CHANCERY.
Hollins. It was to be held by the trustees subject to his
order and control, or the order and control of his executors or
administrators.
I am therefore of opinion that the fund remaining in the
hands of the trustees, after paying the expenses of the trust,
the commissions to the trustees, the dividends of the creditors
who have executed releases, and the United States, is payable
to the complainant, as the administrator of John Hollins.
It appears by an agreement filed on the 8th of April, 1850,
that the United States has been paid, and that the balance of
the trust fund now in the hands of the trustees is the propor-
tion thereof which would have belonged to the creditors named
in the deed who did not execute the required release, if they
had signed it. It is therefore supposed the Court might now
pass a decree for the payment of the five thousand dollars
claimed by the bill, but as I am not quite sure whether all the
expenses of the trust have been provided for, and the five
thousand dollars is the precise sum for which a decree shall
pass, I will refrain from signing it now. The counsel may
prepare a decree in which a provision must be inserted for the
payment of the costs of this cause out of the fund. The trus-
tees were, under the circumstances, perfectly Justifiable in
declining to part with the fund until protected by a decree.
BROWN and BRUNE, for Complainants.
CHARLES F. MAYER, for Defendants.

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 348   View pdf image (33K)
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