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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 440   View pdf image (33K)
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440 HIGH COURT OF CHANCERY.
them; if any child die during the mother's life, leaving children,
then the. said children to take and stand in the place of their
deceased parent."
The same trustees were appointed her executors. Three of
the trustees declined the trust and executorship, two by letters
of the 23d of August, addressed to B. M. Ogle, and the third,
by signing a written paper, on the 29th or 30th. The will was
proved by Samuel Ridout, one of the witnesses, and. the exe-
cutor, B. Ogle, who took out letters testamentary on the 14th
September, 1815, he returned an inventory: on the 15th, a
petition was filed in the Chancery Court, by the children of
Mrs. Bevans, by B. Ogle, as their next friend, setting forth the
will and death of Mrs. Ogle, and that the said trustees, appointed
as aforesaid, by the said will, had declined acting in pursuance
of the authority thereby vested in them, by reason whereof, the
provisions of the said will, which were designed for the benefit
of your orators, had failed to be effectual, and the benevolent
intentions of the testatrix toward the orators, would be frus-
trated. They, therefore, pray that Benjamin Ogle may be ap-
pointed trustee, for the sale of all the above mentioned real es-
tate, agreeably to the spirit and intention of the aforesaid will.
On the same day the petition was filed, a decree passed for
"the sale of the real, personal and mixed estate, whereof the said
H. M. Ogle died seized, and which by her will was directed or
authorized to be sold," on the 23d of October, 1815, the trus-
tee reported the sale of a house and lot in Annapolis, which
was on the same day ratified by the Chancellor without the
usual publication: "the trustee making the sale, being one of
the trustees named in the will of H. M. Ogle, and the devisees
entitled to the greatest part of the proceeds being minors."
On the 15th of November, 1815, the trustee reported a sale
of the residue of the real estate, which was ratified by the Chan-
cellor on the 22d, also without the usual publication. "The de-
visees entitled to the greatest part of the proceeds being minors,
and the trustee being their nearest relative, and the only per-
son whose duty it would be to object to the sale if not advan-
tageous."

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 440   View pdf image (33K)
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