| Volume 200, Volume 4, Page 238 View pdf image (33K) |
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238 HIGH COURT OF CHANCERY. The trustees under the will of Mr. McKim may, I think, with propriety, be regarded as testamentary guardians, or as guardians appointed by the Orphans Court, and the testator is to be presumed to have intended that they should pay to his legatees, at the period when such guardians would, by the statute, have been required to settle with and pay to their wards. My conviction is very strong, that if the testator had been asked, at what age he intended his; granddaughters should be en- titled to the money in question, he would have said, at the age when by law they would be entitled to the possession of their property. An order will be passed in conformity with these views. JAMES HIGGINS AND JOSHUA HIGGINS, vs- DECEMBER TERM, 1847. RICHARD W. HIGGINS AND OTHERS. [PRACTICE IN CHANCERY--TRUSTS.] A TESTATRIX by her will executed in 1819, bequeathed her property, real and personal, in trust, for the use of her granddaughter during her natural life, and after her death the same with its increase, to he divided generally among her children. The trustee named in the will declining to act, the Chancel- lor appointed trustees in 1815, who in 1827 were discharged, and two of the cestui que trusts were appointed trustees in their place, and in the same year a decree was passed for a sale of some of the negroes belonging to the estate, and the trustees gave bond for the execution of the trust. The granddaugh- ter died 1846, and in the same year two of the cestui que trusts filed their bill for a settlement of the estate and distribution of the fund. HELD— That in the distribution of the fund, under this bill, the accounts of the trustee, who sold some of the negroes under the decree of 1827, and appropriated the proceeds to his own use, could be inquired into and settled, and the amount so appropriated by him, with interest, deducted from his share of the fund. There is but. one trust in this case, though it has been cut up into several dis- tinct proceeding's, and now, when a final disposition of the whole fund is about to be made, it is indispensable to justice that all the proceedings should be brought together by an order of consolidation. The trustee, acting under the decree of the Court of Chancery of 1827, is en- titled to a commission of seven and one half per cent. on the income of the real and personal estate. |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 4, Page 238 View pdf image (33K) |
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