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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 548   View pdf image (33K)
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548 HIGH COURT OF CHANCERY.
in any way. Upon these answers, and exhibits filed therewith,
the Judge delivered the following opinion.]
OPINION BY JUDGE BREWER :
Since the order of the 20th of June, 1848, the petition of
the heirs of Isaac Maddox has been, in part, amended, in
pursuance of that order, an answer and amended answer of
Henry W. Dent, executor of James Brawner, filed thereto,
some testimony taken, and the case again argued.
The first objection of the defendant is to the form of the
proceeding. They say that the petitioners should have filed
an original bill, and that the executor of James Brawner can-
not be made to account for the assets of the deceased on a
mere petition, because it would be necessary to call in all the
creditors by notice, and settle the whole estate. In 3 Bland's
Ch. Rep., 284, the Chancellor says, on a similar petition, that
the trustee may be ordered to bring the money into court, and
so may his administrator, if he have received any part of the
purchase money, and also may be required to account. And
there is no reason why he should not. The parties interested
cannot well ascertain who has received the purchase money, or
what part, or how it has been applied, without calling upon the
administrator, who has all the trustee's papers. The power to
bring him in for that purpose is admitted, and as he may have
nothing of that fund in his hands, and may have assets, it is a
very convenient practice to frame the petition with that aspect
also, that if the petitioner cannot lay hold of that fund he may
in the same proceeding recover his claim from the general
assets of the trustee, in case he has received and misapplied it.
The defendant answers on oath, and the same effect is given to
his answer as if it were to a bill. Testimony may be taken as
conveniently, notice given to creditors, and the whole estate
administered as well as on an original bill.
Another objection is, "that there is neither allegation or proof
that the trustee ever received the purchase money." There is
certainly no allegation to that effect in any of the petitions filed.
The petitioners, defendants and the court, all seem to have

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 548   View pdf image (33K)
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