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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 452   View pdf image (33K)
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452 HIGH COURT OF CHANCERY.
pays either to creditors, legatees or distributees, by order of
the court, he is protected by the order—the court having full
jurisdiction in the matter and the executor compelled to obey,
and all persons interested, being either parties or having notice
given in the usual manner to present their claims, a decree of
the ecclesiastical court is also conclusive on the parties, and
cannot be reversed by the Chancery Court.
In one of the cases, the Chancellor says, he "never heard of
such a case. What executor would be safe, if he was liable to
answer for a distribution of assets made under a decree of the
court?" All these cases apply to our Chancery Court, having
general jurisdiction in matters of trust, and therefore, the trus-
tee, B. Ogle, is safe in having paid over the proceeds of the
real estate in pursuance of the Chancellor's order, although
that order was erroneous. But the Orphans Court has no such
jurisdiction; none, indeed, except what is given it by the legis-
lature. It is expressly forbidden by sub ch. 15, sec. 20, of
1798, ch. 101, to exercise any other; see also Scott vs. Burch,
6 H. & J., 79; 2 H. & G., 120. The powers, if given, must
be also exercised in accordance with the grant, which we have
seen has not been done in this case.
The distributions made in 1828 are liable to most of the ob-
jections to the authority of the court, and with greater force,
some of the complainants being then in esse and infants. The
complainants living at the death of Mrs. Bevans, are entitled
to an account of the personal estate of H. M. Ogle, against the
personal representatives of B. Ogle, as executor and trustee,
and are entitled to their proportion of the balance of his final
account, passed the 24th February, 1816, and also their pro-
portion of the amount distributed between the Bevans, on the
1st day of October, 1828. The amount allowed to Mrs. Be-
vans, he would seem at present not to be accountable for, but
as that may be elucidated by further testimony, no decision
will be made on that point until the Auditor's accounts are re-
turned. In taking the account, B. Ogle will be chargeable
with any amount which can be shown to have been received by
him, or which he ought to have received from Howard Duvall.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 452   View pdf image (33K)
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