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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 436   View pdf image (33K)
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436 HIGH COURT OF CHANCERY.
hath not properly and legally accounted for the proceeds of
the said real and personal estate which came or should have
come to his hands as trustee and executor as aforesaid, never
having paid any part thereof to the Conners. That most of
said real and personal estate hath been, in the lifetime of the
said Mary Conner, by gross violation of duty and breach of
trust of said Benjamin Ogle, and by his conspiracy with the
children of the said Mary by her former husband, and others,
to injure and oppress the complainants, misapplied and illegally
appropriated in a greater or less amount, to the exclusive use
and advantage of the children of the said Mary by George
Bevans, her former husband; whereas, no part of the principal
thereof could legally be divided until the death of the said
Mary, and on that event should all have been divided equally
among all the children of said Mary, including complainants.
That a portion of the money so bequeathed to all the children
of the said Mary, was illegally and in violation of his duty as
trustee, invested by Benjamin Ogle in the purchase of a tract
of land in Frederick county, in his name, to be held by him in
trust for the use of said Mary Conner during her life, and
after her death, in trust for her surviving children by her for-
mer husband, Bevans. A copy of the deed conveying the land
is exhibited with the bill.
The bill then prays that Anna M. Ogle, as executrix of Ben-
jamin Ogle, may account for the personal estate, and proceeds
of the real estate of Henry M. Ogle, received by him as ex-
ecutor and trustee, with such interest as he should be charge-
able with, and that Laura Bevans, John T. Bevans and William
C. Ogle, as representing his deceased wife, Mary R. Bevans,
may account for the sums of money and property paid over and
conveyed to them severally as parts of the estate of the said
teatatrix, and the profits thereof, and that the land in Frederick
county so purchased by Benjamin Ogle, and conveyed to Mm
in trust, may be assured to complainants, or sold for the pur-
poses of division, and for general relief.
The answer of Mrs. Anna M. Ogle, as executrix of Benja-
min Ogle, relies upon the facts before stated in relation to the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 436   View pdf image (33K)
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