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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 184   View pdf image (33K)
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184 HIGH COURT OF CHANCERY.
rents and profits to be received by him and annually paid to
my negro boy Henry, or his order, attested by some justice of
the peace."
Then follows a clause saying that any and all receipts given by
any legatee, or cestui que trust, attested by any justice of the
peace, shall be good and effectual releases and discharges for
the same, or so much thereof as in such receipt or receipts shall
be expressed to be received. The tenth clause is in these words;
"It is my will and desire that immediately after the decease of
any of the legatees, or cestui que trusts, William Rea, trustee
aforesaid, shall pay over whatever property he shall then have
as trustee to the legal representative and heirs at law of the
said deceased, unless the deceased shall make some other ap-
pointment by his last will and testament, executed according to
law." The twelfth clause contains this provision: "It is my will
and desire that my friend, William Rea, with the desire of the
persons interested in the trust property and of full age, shall
have authority to sell and convey the lands and tenements de-
vised to him in trust, or any part of them, on such terms as he
shall deem advisable, receive the purchase money and invest the
same in some safe securities for the benefit of those indicated
and declared by this will, and in the manner declared."
By a second codicil, the testator devised to the same trustee,
and his heirs and assigns, another parcel of land after the de-
termination of the life estate which another devise took "in
trust for the benefit of the said negro boys, Daniel and Henry,
to be by him rented out, and the rents and profits by him paid
over to the said boys, Daniel and Henry, in the same manner
as provided for by the general provisions of the will."
By this codicil, the clause of the will providing for a sale
of the real estate of the testator by his executor and trustee is
revoked, and a desire expressed that no part thereof be sold.
There is also a clause in the will in which the testator ex-
presses an earnest wish that in no event shall any part of his
estate, real or personal, go to or descend to Jacob Wilson, who
married Elizabeth Wheatley, daughter of Ezekiel Wheatley,
and that in no shape should he be administrator of the estate.

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 184   View pdf image (33K)
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