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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 232   View pdf image (33K)
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232 HIGH COURT OF CHANCERY.
trustees named by the testator, and George H. Williams, the
executor of David T. McKim, the deceased trustee. A major-
ity in amount of interest recommend the former, and when to
this is added the consideration that he is the party selected by
the testator himself for the execution of this responsible trust, I
do not see how any other selection can be made by this court.
No objection, so far as I am informed, exists to either of these
gentlemen personally. On the contrary, they are both repre-
sented and believed to be every way worthy of the trust, and
my preference of the one over the other does not imply the
slightest want of confidence in the party not appointed. Mr.
McKim is chosen because he is recommended by the parties hav-
ing the largest interest in the trust fund, has himself a persona]
interest, and especially because the testator himself the author
of the trust, selected him.
An order will be signed appointing John S. McKim, and
clothing him with ,power to execute the trust upon his giving
bond, with approved surety, in the penalty of fifty thousand
dollars for the faithful performance of the trust.
[A decree was accordingly passed on the 12th of May, 1848
appointing John S. McKim trustee, in place of David T. Mc-
Kim deceased. This trustee subsequently resigned the trust
when a controversy again arose as to his successor, which the
Chancellor decided by the following opinion, delivered on the
20th of September, 1848.]
THE CHANCELLOR :
John S. McKim, the trustee appointed by the decree of this
court to fill the vacancy occasioned by the death of David T.
McKim, having resigned the trust, it has become necessary to
appoint another to execute the powers and duties which by that
decree were conferred upon him.
The parties interested have named two persons, Haslett Mc-
Kim, of the city of Baltimore, being recommended by one
portion of the cestui que trusts, and George H. Williams, of
said city, by another. Two-thirds concur in the recommenda-
tion of the former, and one-third of the latter, and this numer-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 232   View pdf image (33K)
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