| Volume 200, Volume 4, Page 454 View pdf image (33K) |
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454 HIGH COURT OF CHANCERY. must be exercised within a reasonable time. Jewels cannot be deemed "plate." B. Ogle is chargeable with interest on each child's part from the time he or she attained the legal age, and was no longer entitled to be maintained, on all the balances of his accounts in the Orphans Court on such sums as he should have accounted for as trustee or executor, from the time he should have settled the estate, or if received after that time, from six months after he received them. The whole interest on the said balances may be considered aa applied to the maintenances of the Bevans, agreeably to the Chancellor's order of November 20th, 1844, (by the prin- ciples of which I mean to abide,) until the birth of any one of the Conners, such an one is then entitled (agreeably to said or- der) to a due proportion thereof. What that proportion is cannot at present be ascertained. The will required that the children should be well maintained and educated, and the in- terest does not appear to have been an extravagant allowance for that purpose. After the Bevans attained their majority, the interest being no longer applicable to their maintenance, should have been applied to the maintenance of the Conners, as required, and not having been so applied, they are entitled to receive it now. So far as that interest should have been received by those who have died, are their representatives entitled to an account, and no further. John T. and Laura Bevans must account for the whole amount received by them from B. Ogle, over and above what it appears they should have received from the whole trust es- tate and the specifics to which they were entitled, with interest from the time it could be no longer appropriated to their maintenance. They are liable each, only for the amount re- ceived by him or her. William 0. Ogle is not responsible for any sum received by his wife, and appears to have no interest whatever in the land con- veyed to B. Ogle, in trust; the bill as to him should be dismissed. It is, therefore, this second day of March, 1849, by Nicholas Brewer, Associate Judge of the third judicial district, and by |
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| Volume 200, Volume 4, Page 454 View pdf image (33K) |
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