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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 132   View pdf image (33K)
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132 HIGH COURT OF CHANCERY.
cott's duty as committee or receiver, to carry on a contro-
versy in the Orphans Court about the appointment of an admin--
istrator, and if he thought proper to do so, the estate is not to
be burdened with the expenses attending it. Nor is it proper to
charge the estate with the cost of a litigation about the appoint-
ment of a receiver. If other persons thought proper to carry
on a controversy of that description, well and good, but they
must do so at their own expense. The committee and receiver,
so long as he fills those offices, will be, and has been, 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 out of his own pocket. He holds the office at the dis-
cretion of the court, and should a dispute arise in regard to the
propriety of continuing him in it, or appointing some one in his
stead, the controversy must be conducted by parties interested
in the estate, and at their own expense.
If, to be sure, the official conduct of the committee is as-
sailed, he may defend it, and if he does so successfully, the as-
sailant will be made to pay the costs, but fees to counsel, even
in that case, should not, as I apprehend, be thrown on the es-
tate. But here Mr. Ellicott was unsuccessful. He was re-
moved from the office of receiver, and hence it follows, he was
wrong, in the judgment of the court, in resisting the application
of the party who proceeded against him. To allow him to
throw his counsel fees on the estate under such circumstances
would, I think, be manifestly improper.
I am not aware of any objections of the parties which have
not been considered and decided, and shall send the case to the
Auditor to state accounts in pursuance of the views hereinbefore
expressed,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 132   View pdf image (33K)
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