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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 148   View pdf image (33K)
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148 HIGH COURT OF CHANCERY.
Hollins, Hammond Dugan and Frederick James Dugan, the slaves
given to the daughters being in trust. And it is alleged, and
the allegation not seriously if at all denied, that some property
embraced in this residuary clause remains to be distributed.
Especially it is said, that ground rents, amounting to $900 per
annum, in which the testator's widow (now deceased) had a life
estate and which constituted a part of the residue, yet remain
to be distributed. And the complainant insists that no further
distribution shall be made, including the amount in the hands
of the administrator of Margaret Dugan until he is paid the
sum due to him.
It being the opinion of the court that the complainant is
entitled to contribution in respect to the amount paid by him
in satisfaction of the decree obtained by Gittings and others,
an account must be stated for the purpose of ascertaining how
much he is entitled to, and it would seem proper in the mean
time, that no further distribution should be made, or insisted on
by the complainant. The defendants have, to be sure, excepted
to the averments of the bill, so far as this claim for contribution
is concerned, but it will, I think, be found upon examination,
that the bill does distinctly rest a part of the claim made by it
upon this very ground. That it avers every fact essential to
the claim, and that it is not consequently obnoxious to excep-
tions on this account.
The case will, therefore, be sent to the Auditor to state the
necessary accounts.
T. P. SCOTT and ALEXANDER, for Complainants.
BROWN and BRUNE, for Defendants.

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 148   View pdf image (33K)
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