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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 187   View pdf image (33K)
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ROBINSON VS. ROBINSON. 187
vided among them according to their several and respective
proportions and invested for their use and benefit. The object
of the bill, and the decree which authorized a sale, was to pro-
mote the interests of the parties, by rendering the property in
some new shape more productive, and not to enlarge the power
of the cestui que trusts over it. The money or bonds derived
from the sale were to be brought into court, to be disposed of
under its direction, and should be invested, subject, in all res-
pects, to the trusts of the will.
The petitioner, Farquharson, the substituted trustee, was
a party to the bill, and I do not think his trust ceased with
the sale of the property under the decree. On the contrary,
unless some sufficient reason can be shown, he is the person
who should make the investment, and hold the fund in trust for
all the parties interested. So far, therefore, from being an
intermeddler in the cause, he was, in my opinion, perfectly jus-
tifiable in interposing and raising the question of the validity of
the sale by the cestui qui trust to Mr. Wilson.
But apart from the want of power on the part of the ven-
dor to make the sale to Mr. Wilson, there are other circum-
stances. which cannot be overlooked in deciding upon its validity.
The vendor can neither read nor write. His mark is affixed to
all the papers executed by him, including his answer to the
petition of Mr. Wilson, and there is no very satisfactory evi-
dence that they were read or fully explained to, and understood
by him. The proof upon this point is, to say the least, doubt-
ful, and when the vast disproportion between the value of the
property sold, and the price stipulated to be paid for it is con-
sidered, it would seem eminently proper that the transaction
should be free from all suspicion, that the party most liable to
be imposed upon, was not fully aware of what he was doing.
When it is apparent, upon the face of the transaction, that
property had been sold at an enormous sacrifice, and it is shown
that the party making the sacrifice is totally uneducated and
incapable of reading or writing, a reasonable ground for sup-
posing that he may not have understood what he was doing,
cannot be without its influence in deciding upon the validity of

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 187   View pdf image (33K)
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