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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 561   View pdf image (33K)
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INDEX. 561
COUNSEL FEES—Continutd.
11. Counsel fees are allowed to trustees, but a party who occupies simply
the character of stakeholder will not be allowed such fees out of the
funds in his hands. Ohio Life Ins. and Trust Co. vs. Winn & Ross, 253.
12. Counsel fees for services rendered by a solicitor at the instance of an'
attorney in fact of the cestui gue trust, will not be allowed out of the
trust fund. Laroque vs. Candolle, 347.
13. The trustee will be allowed all his reasonable costs and expenses in-
cluding money paid in properly taking the opinion, and procuring the
direction and assistance of counsel in administering the trust, but this
is the utmost extent to which the practice has been carried. Ib.
COVENANT.
See AGREEMENTS, &c.
CREDITORS.
See PRACTICE is CHANCERY, 27 to 30, 36, 38, 45, 46, 49, 52.
FRAUDELENT CONVEYANCES, 2.
INSOLVENT DEBTORS.
CREDITOR'S BILL.
See PRACTICE IN CHANCERY, 38, 53.
CROPS.
See WILL AND TESTAMENT, 29.
CROSS PAPER.
1. Where cross paper is given for mutual accommodation, each party is
liable to pay his own, and the holder of cross paper may prove, under
a commission, by taking up his own note or exonerating the estate of
the bankrupt. Ohio Life Ins. and Trust Co. vs. Winn, & Ross, 253.
DECREE OF COURT OF APPEALS.
See INJUNCTION, 5.
DECREE TO ACCOUNT.
See PRACTICE III CHANCERY, 45, 46.
DEEDS, CONSTRUCTION OF, &c.
1. A deed was executed in 1835, conveying certain lands, in trust, with
power to the grantee to sell the same and apply the proceeds to pay,
first—A specified debt. Second—All other debts of the grantor for
which the grantee was responsible, and any advances the latter might
make for the former. Third—All other debts of the grantor at that
time contracted which the grantee might consider just, legal and
equitable, and fourth—The expenses of the trust. The grantor died
in 1837, and the grantee not having sold the property, a bill was filed
in 1842, by the creditors of the grantor, under which all his real estate
was sold for the payment of his debts. HELD—
1st. That the grantee, by virtue of this deed, had a lien only on the
land described in and conveyed by it, but he may show himself a
creditor beyond the provisions of the deed, and in respect of any
such claim he will stand upon an equality with the general credi-
tors of the grantor.
3d. That the claims of the grantee within the terms of the deed, and
with reference to the proceeds of the property thereby conveyed,
47*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 561   View pdf image (33K)
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