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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 118   View pdf image (33K)
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118 HIGH COURT OF CHANCERY.
pressly directs it to be paid to him. The petition, therefore,
for these reasons, must be dismissed with costs.
The remaining question arises upon the petition of William
G. Bland, filed on the 4th of October last, and the answer
thereto of Isaac Mayo.
Upon carefully considering all the circumstances attending the
sale of the negro Phil, I am of opinion, that the trustee, had rea-
sonable grounds for apprehending he might run away, and that
in selling him he has done nothing which should subject him to
the censure of the court, and that in view of the insecure and
perishable nature of such property, the cestui que trust will be
adequately indemnified by receiving the interest upon the pur-
chase money. It is true, the parties interested in remainder
after the life estate of the cestui que trust are benefited by the
sale, because by it, they are protected from the contingency of
the death of the slave before the life estate may be deter-
mined. But this advantage to them is not secured by any cor-
responding sacrifice of the rights of the first taker, if the in-
terest on the purchase money upon a fair computation may be
considered a reasonable equivalent for the services of the negro
if he had not been sold. He was hiring at the time of the sale
for sixty dollars per annum, but after deducting the expenses of
clothing him, estimated at twenty dollars, the net income very
little exceeded the interest on the sum for which he sold, without
making any allowance for medical attendance and other con-
tingencies proper to be considered. In view of these and of
the chance of the death of the slave, during the continuance of
the life of William G. Bland, and the numberless casualties to
which such property is exposed, I am clearly of opinion, that
the legal interest on the sum for which he sold, secured abso-
lutely during the life of Mr. Bland, is a full indemnity to him.
The money must, however, be invested under the order of the
court, and made subject to the order of the 1st of September,
1847. The counsel may prepare an order in accordance with
these views.
RANDALL, for the Trustee.
McLEAN, for the Defendant.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 118   View pdf image (33K)
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