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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 447   View pdf image (33K)
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CONNER VS. OGLE. 447
by the will of H. M. Ogle. He took out letters testamentary
on the personal estate of the Orphans Court, and returned an
inventory there. He filed the petition in the Chancery Court,
in the name of the infants, stating that the several trustees bad
declined the trust, and praying that he might be appointed trus-
tee to sell the real estate; after paying the only debt which
the personal estate was inadequate to discharge, he deposited
the residue in court, declined acting as trustee for the investment
of the funds appropriated to secure the annuity to Mrs. Bevans,
and procured the payment of the funds deposited to the guard-
ian of the Bevans. He proceeded, in the mean time, to settle
up the personal estate "as executor," in the Orphans Court, and
to pay over the balance on the final account, under the directions
of that court, to the persons by him and them believed to be
entitled to it. But has he divested himself, by these proceedings,
of the character of trustee, as to the personal estate, either un-
der the will or under the decree ?
There is no positive and direct disclaimer by him of the trust,
to be found in any part of his proceedings. The strongest fact
from which a disclaimer may be inferred, ia the allegation by
the infants in the petition for the sale of real estate, signed by
him as their next friend, and which allegation he may therefore
be presumed to have sanctioned, that the several trustees had
declined to act; but this inference, it seems to me, could thence
be fairly made only as to the real estate, as the real estate only
was therein prayed to be sold, and although in the disposition of
the personal estate he seems to have acted generally as if he
conceived himself no longer under the obligations of the trust,
yet, in some instances at least, paying to Mrs. Bevans $600, for
the maintenance of herself, and education and maintenance of
her children, he assumed the character of trustee. Whatever
his intentions and desires were, however, and whether he had
declined the whole trust under the will or not, the Chancellor's
decree on the petition deprived him of it. His appointment
was by the court, and his powers were, from that time, derived
from, and dependent upon its decree; and what is the decree
of the court ? not that he shall sell the real estate, and bring

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 447   View pdf image (33K)
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