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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 243   View pdf image (33K)
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HIGGINS VS. HIGGINS. 243
the decree of December, 1827, by "which he and Joshua Higgins
were appointed trustees, to sell certain of the slaves that the
accounts in that case should be settled, and that even if settled,
these complainants must seek their remedy upon his bond, and
cannot under the bill in this case have any relief in respect of
those accounts.
It must be remembered, however, that by the agreement of
parties, the proceedings in relation to the trust under the will
of Mrs. Maccauley, and upon the bill filed on the 15th of Oc-
tober, 1827, are introduced and made evidence, and although
the bill filed in this case does not refer in terms to the trust
created by the bill of October, 1827, yet looking to the whole
scope and object of the present application to this court, it
seems sufficiently obvious that the defendant, Higgins, was
called upon to account for the whole trust connected with this
property. And the proceedings in all the cases being before
the court by agreement, I do not think there is any rule of
chancery pleading which will debar the complainants from the
right now in this case to have those accounts examined and ad-
justed.
It is, moreover, by no means clear, that all the sales were
made by the defendant, Higgins, under that decree. He report-
ed. the sale of but three slaves, and in his testimony he speaks
of the sales as having been made by him when acting as trus-
tee and manager, and speaks of the proceeds of such sales, and
of the crop made on the land, constituting a part of the trust
estate in the same way, and as having been indiscriminately ap-
propriated to his own use. There is, therefore, great difficulty
in determining whether in making the sales other than those
which he reported to the court, the trustee, R. W. Higgins, was
acting under the order of the 8th of October, 182T, which sub-
stituted him and Joshua Higgins as trustees, to complete the
trust created by the will of Mrs. Maccauley, or under the de-
cree of the 6th of December of the same year, by which they
were authorized to sell the negroes therein mentioned.
But conceding for the sake of the argument that the sales
were all made under the latter decree, and that the accounts of

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 243   View pdf image (33K)
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