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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 474   View pdf image (33K)
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474 HIGH COURT OF CHANCERY.
debts of the estate, and on the 7th of May, 1849, the complain-
ants filed a petition asking that said Dent be directed to invest
said amount under the direction of the court, owing to the compli-
cated condition of the estate, and the variety of claims thereon,
to be adjusted and settled before a distribution can be made.
Upon this petition the Chancellor, on the 9th of the same month,
passed an order directing said Dent to bring said sum into court,
or show cause to the contrary, on or before the 19th of May
following, provided, a copy of the order and petition be served
on him, or his solicitor, before the 25th of April, 1849.
On the 1st of May, 1849, a decree for an account was passed
in the cause, and on the 30th. of the same month, Dent answered
the petition of the complainants, stating various objections to
the application, which it is not necessary to state in full. On
the 22d of October following, the Chancellor delivered the fol-
lowing opinion upon this state of the case. The other opinion
in this case is reported in 1 Md. Oh. Decisions, 523.]
THE CHANCELLOR.
The petition of the complainants, filed on the 7th of April
last, praying that the defendant, Dent, might be required to
bring into court, for the purpose of investment, certain moneys
in his hands, was to have been heard on the 19th of the then
following month of May. It was not, however, then submitted,
and the court is now called upon by the complainants to pass a
final order upon the petition without notice to, or hearing of,
the opposite party, who has put in an answer to the petition
stating objections to the application. This would be irregular,
and cannot be done. It may be proper, however, to observe,
that the case now is in a different position from what it was
when the petition was filed, and that the decree to account
passed on the 1st of May last, places it entirely in the power
of the court to afford protection to the defendant against the
proceedings at law, which have been or may be instituted
against him by the creditors of his intestate. The rule being
that a decree to account against an executor or administrator,
either separately for the suing creditor, or specially on behalf

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 474   View pdf image (33K)
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