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HIGGINS VS. HIGGtNS. 241 surviving her,) against Richard W. Higgins, her remaining child, and his insolvent trustee, in which the proceedings in the first of the other two cases are referred to, and the aid of the court is asked in settling up the estate by sale or division thereof, among the parties entitled, and upon the allegation that Richard W. Higgins had, by selling and appropriating the money to his own individual use, received a much larger share of the trust estate than he would, upon a fair distribution thereof, be en- titled to; the complainants pray that neither he nor his insol- vent trustee, he having petitioned for the benefit of the insol- vent laws in the year 1840, should be allowed to participate therein. The bill was answerd by the defendant, Higgins, and his per- manent trustee, David Stewart. The answer of the latter puts the complainants to the proof of the case, and pleads the statute of limitations, against any claim against Richard W. Higgins founded upon the alleged conversion by him of the personal property to his own use. The answer of Higgins', admits most of the material aver- ments of the bill. And in his testimony, which was taken un- der a commission, and order for his examination, subject to ex- ceptions, and which, I think competent, though objected to, he proved, that while acting as trustee and manager he sold a num- ber of the negroes, whoso names and prices are stated, and that the proceeds of sale so made by him, as of the crops made upon the trust property, which consisted in part of real estate, he ap- propriated to his own uso one-half, and the other half to the support of the estate, and of the family, of whom his brothers Joshua and James were members. He further stated, that Joshua always objected to the sales made by him of the negroes. And in a deposition made by the same witness, which it was agreed should avail as if taken under the commission, he proved that he had received the sum of about $700, as hire of a portion of the trust negroes, of which he had appropriated at least four- fifths to his own use. Under an agreement for the purpose, the two cases founded 20* |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 4, Page 241 View pdf image (33K) |
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