clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 127   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

ESTATE OF RACHEL COLVIN. 127
if a dispute arise in regard to the propriety of continuing him in it, or ap-
pointing some one in his stead, it must be conducted by the parties at their
own expense.
If the official conduct of the committee ue assailed, he may defend It, and If
he does so successfully, the assailant will be made to pay costs, but fees to
counsel, even in that case, should not be thrown upon the estate.
The committee will be allowed all proper and reasonable fees paid to counsel
for advice and assistance in the discharge of his duty, and in aiding him to
preserve and defend the estate, but beyond this he cannot go; if he chooses
to carry on a litigation for his office, he must pay the costs himself.
[The former opinions of the Chancellor in this case are
reported in 3 Md. Oh. Decisions, 278. The following opinion
was delivered the 13th of February, 1854, upon the hearing
of exceptions to the Auditor's report and accounts. The na-
ture and purport of these exceptions sufficiently appear in the
opinion.]
THE CHANCELLOR :
This case comes before the court upon exceptions to the re-
port of the Auditor, and has been submitted and argued on the
part of Benjamin H. Ellicott, the former committee and re-
ceiver.
In the Auditor's account, D., filed with his report of the 5th
of November, 1853, the receiver is charged with the aggregate
amount of sundry vouchers for which he had received credit in
the account A., previously reported, amounting to $117 98, and
this charge is the subject of the first exception on his part.
The vouchers Nos. 121, 122, 128, 124 and 125, which in
part make up the sum credited in account A., are not, in my
judgment, proper to be allowed. They are for stationery, which
do not come within the range of disbursements which a com-
mittee or receiver is permitted to make at the expense of the
estate. They are neither legal costs or counsel fees, and so
far as I am informed, hove never been allowed. The exception,
therefore, with reference to these items must be overruled.
But, in my opinion, the vouchers Nos. 126 and 127, are
proper to be allowed. Mr. Ellicott was appointed committee of
the estate of the lunatic on the 15th of September, 1851, and

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 127   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives