| Volume 200, Volume 4, Page 113 View pdf image (33K) |
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MAYO VS. MAYO. 113 posit with the proper officer of any corporation or body politic, or person, with or in whose possession any portion of the trust estate of William G. Bland may be, an authority, empowering him, the said William, to receive the rents, issues, dividends, interest, and profits thereof, the said authority to be subject to the future order and direction of this court, and with liberty to the said trustee and, cestui que trust, to apply for such future directions as may from time to time appear to be necessary. ' Afterwards, on the 30th of August, 1849, the trustee Mayo, filed his petition in which, after stating his appointment under the order of the 1st of September, 1847, he alleges that the rents, issues, dividends, interest and profits of the trust estate of the said William G. Bland, amount to about $300 per an- num, which the said William has hitherto received, and so far as petitioner can judge, misapplied the same, or a part thereof; that under the will of the said testator, the said William is en- titled to care and maintenance from the widow of the testator, to whom he devised and bequeathed certain parts of his estate, subject to the care and maintenance of said William*, and, that, therefore, none of the said profits, rents, issues, &c. are required for his support, and if any may be required he has not the suit- able judgment and skill in making the proper application thereof; that there might be, and should be, by proper management, the whole or a greater part of said rents, issues, &c., applied to the enlargement of the said trust estate, according to the declara- tion of trust and last will of the testator. The petition, there- fore, prays the court to rescind so much of the said order of the 1st of September, 1847, as requires the petitioner to allow the said William, personally, to receive the said rents, issues, &c., and that the same may be received by petitioner, as trus- tee as aforesaid, and applied by him as duty requires, and for general relief. At the same time the trustee made a report, in which he states, that said William has refused to deliver up to him the trust property, though frequently requested so to do; that since bis former report, he has been compelled, from a well founded apprehension, that negro man Phil, belonging to said trust es- |
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| Volume 200, Volume 4, Page 113 View pdf image (33K) |
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