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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 130   View pdf image (33K)
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130 HIGH COURT OF CHANCERY.
as to the appointment of the committee, and this for the reason
before stated, cannot be allowed.
But, in my opinion, a credit should be allowed for the sums
mentioned in voucher No. 153. They appear to have been paid
for legal services rendered the committee in the discharge of
his duty as such, in defending and protecting the estate of the
lunatic, and are, therefore, proper and fair allowances.
The third exception of the receiver is against the charge in
account D., of two-thirds of the costs of suit allowed him in ac-
count A., and it appears to me, the exception is well taken.
Upon the face of the account they are stated to be the peti-
tioner's costs, and come within the rule applicable to such cases.
The fourth exception refers to the charge in account D., of
$175, for rent of dwelling house of the deceased, Rachel Colvin,
from the 25th of January, 1853, to the date of the account.
She died on the 24th of January, 1853, and this fact was brought
to the notice of the court by_a petition filed by Mr. Ellicott,
on the 2d of February following, in which, upon the grounds
and under the circumstances therein stated, the order and di-
rection of the court was asked to protect the committee from
responsibility. By a previous order, he, had been authorized to
occupy the dwelling house, and he set forth in his petition that
he could not afford to pay the rent such a house would com-
mand, and he desired to know whether, now that the lunatic
was dead, he should continue to act as before, in the capacity of
committee, until some person should appear authorized to take
possession of the estate. Upon this petition no order was
passed, the court thinking that the death of the lunatic put an
end to the authority and office of the committee, and Mr. Elli-
cott, in his natural capacity, having no interest in the estate, it
was thought a petition to meet the emergency should be filed
lay an interested party, and accordingly, on the 8th of February,
1853, a petition was filed by certain of the next of kin, and
heirs at law of the deceased, in which, referring to, and adopt-
ing the statements contained in the petition of Mr- Ellicott,
they pray for his appointment as receiver. Upon this petition,
and in view of the urgency of the case as disclosed by the peti-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 130   View pdf image (33K)
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