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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 62   View pdf image (33K)
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62 HIGH COURT OF CHANCERY.
The question, it appears to me is, has the committee given a
well secured bond for the faithful administration of his trust ?
If he has, and he is in other respects a fit person to have the
custody of the person and estate of the lunatic, it is not thought
that the condition of his private affairs (unless perhaps when it
is shown that he has taken the benefit of the insolvent laws)
will be regarded as a cause for removal.
It is to be recollected in this case, that no misconduct on the
part of the committee is charged, the application resting exclu-
sively upon his insolvency in fact. And it should also be re-
marked, that though the petition contains a prayer for further
relief, the particular relief, and, indeed, the only relief which
seems to have been contemplated when the proceeding was insti-
tuted, being for a new bond in place of the old one. The appli-
cation, it is also to be observed, is by the sureties in the bond,
who seem in no way connected with the lunatic, and whose
only object appears to have been to be exonerated from their
responsibility as such sureties. Upon a petition so framed,
:and by such parties, I do not think I should be justified in re-
moving the committee, and will, therefore, pass an order requir-
ing him to give a new bond within a reasonable time.
WILLIAM A. HOUSE
vs. SEPTEMBER TERM, 1853.
JOHN W. WALKER ET AL.
[OBJECTION TO CHANCERY SALE——INADEQUACY OF PRICE.]
MERE inadequacy of price in a chancery sale, unless so gross and inordinate as '
to furnish, per se, evidence of fraud or misconduct on the part of the trustee,
is not sufficient cause for setting the sale aside or refusing its ratification.
[The facts in this case are fully stated in the Chancellor's
opinion.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 62   View pdf image (33K)
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