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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 61   View pdf image (33K)
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ESTATE OF LORIMAN CHEW. 61
[William Goldsborough was appointed committee of the per-
son and estate of Loriman Chew, a lunatic, and gave bond with
sureties for the faithful performance of his duties. After his
appointment he became insolvent, and his securities filed the
petition referred to in the following opinion of the Chancellor.]
THE CHANCELLOR:
This is an application by the sureties of William Golds-
borough, the committee of the lunatic, to compel him to execute
another bond, with other and different sureties, upon the alle-
gation which is not disputed that he has become insolvent. The
prayer of the petition is, that he may be compelled to execute
another bond with other and different sureties, and that if he fail
to do so within a time to be limited by the court, that his ap-
pointment may be revoked. The petition prays also for further
relief, and the question submitted is not that the committee
shall be required to give another bond, for it is conceded he
should be required to do so, but that whether he offers a satisfac-
tory bond or not, he shall be removed from his trust, because he
has become insolvent.
It seems to be settled in England, that the bankruptcy of the
committee of the estate of a lunatic, is a sufficient ground for
his removal, and that if the committee of the person become a
bankrupt, it is a reason for removing him on account of the
fund for his maintenance, for, as the Lord Chancellor said in
Exparte Mildmay, 3 Vez; 2, "if I order a sum of money for
his maintenance, I cannot put that sum in the hands of a per-
son over whose administration of it I have no control." This was
said of an uncertificated bankrupt, but to whom, as was asserted,
a certificate would probably be allowed in a short time. See
1 Collinson on Idiots, 250, 313; 2 Madd. Oh. Pr., 742.
In the case now under consideration, the committee is not a
technical insolvent. He has not, nor is it alleged that he con-
templates applying for the benefit of the insolvent laws, and,
therefore, the remarks of the Chancellor in Exparte Mildmay
do not apply, because the administration of the estate of the
lunatic in his hands is entirely under the control of the court.
5*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 61   View pdf image (33K)
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