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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 228   View pdf image (33K)
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228 HIGH COURT OF CHANCERY.
insufficient to pay the arrearages due upon the annuity, and
consequently it follows, if these proceeds are to be applied to
its pament in the first instance, nothing will be left applicable
to the legacy.
This is the conclusion to which I have arrived, after a careful
consideration of the voluminous proceedings in this case, and
as the account C; filed on tho 30th of October last, is stated
according to my views of the case, as herein expressed, I shall
ratify that account, in which, it seems to me, I shall be acting in
accordance with what has been repeatedly done by those who
have gone before me, a number of accounts having been so
stated by the proper officer and ratified by my predecessors in
office.
JOHN S. McKIM AND OTHERS
vs. MARCH TERM. 1848.
S. J. K. HANDY AND OTHERS.
[CONSTRUCTION OK WILL—TRANSMISSION OF TRUST——APPOINTMENT OF TRUSTEES
——COUNSEL FEES—-LEGACY TO FEMALE INFANTS. WHEN PAYABLE.]
A TESTATOR devised real and personal estate to certain trustees, "to them and
the survivor of them, and the heirs, executors, and administrators of the
survivor" in trust "that the said trustees or the survivor of them, or the per-
son or persons who may succeed them in the trust," may from time to time
change the investments of the stocks and the proceeds thereof "with any
accumulations of the fund generally."' to reinvest, &c. HELD
That it was the intention of the testator that the real and personal estate should
remain in the same hands and trust was not transmitted to the executor
of the surviving trustee, but the whole trust became vacant upon his death.
The recommendations of parties with reference to numbers, amount of interest
and reasons assigned, will always be attended to upon the question of select-
ing a trustee, though the court is not bound by such recommendations.
Where trustees are entitled to costs out of the fund, they will be taxed as be-
tween solicitor and client, and if a trustee finds it necessary to employ coun-
sel as to the proper management of the estate, he will be allowed such rea-
sonable lee? as he may have paid, but counsel fees paid by the successful par-
ty, in a contest as to who shall administer the trust, will not be allowed out
of the fund.
A testalor devised certain property in trust, and directed the trustees to pay to
each of his grandchildren born and to be born, the sum of one thousand dol-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 228   View pdf image (33K)
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