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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 64   View pdf image (33K)
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64 HIGH COURT OF CHANCERY.
In the case now under consideration, no possible construction
of the evidence can establish that gross inadequacy of price
which will, per se, furnish evidence of misconduct or fraud on
the part of those who conducted the sales, and there is not only
a total absence of proof of any such misconduct in the other
circumstances attending them, but the testimony shows that the
trustees discharged their duty fairly and faithfully In all respects.
The sales, therefore, will be ratified, the exceptions being
overruled, and the Auditor is requested to examine the vouchers
for expenses and taxes, and apportion them properly.
IN THE MATTER OF THE
TRUST ESTATE OF DECEMBER TERM, 1853.
JANE BLAKE,DECEASED.
[CONSTRUCTION OF WILL——ANNUITIES.]
A TESTATRIX devised her real estate to her executor, in trust, to sell the same
and invest the proceeds to pay the legacies and annuities in her will. She
then bequeathed to her sister an annuity of one hundred dollars during her
life; to her niece, fifty dollars per annum during her life; to each of the
children of her said niece now living, or hereafter to be born, one hundred
dollars per annum, payable as they respectively attained the age of five
years, and to continue until they were old enough to be put out to trades.
She also gave other pecuniary legacies to the same children as they respec-
tively arrived at age or married. The interest of the trust fund was inade-
quate to pay these annuities. HELD—that they could not be paid out of the
principal of the estate.
[The testatrix, Jane Blake, by her will, referred to in the
opinion of the Chancellor in this case, devised all her real es-
tate to her executor, in trust, to sell the same and apply the
proceeds in aid of her personal estate in payment of her debts
and the legacies specified in her will, "and in trust also to in-
vest so much of the said proceeds of sale as he may think fit,
in such stock funds, or mode of investment as he may think fit,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 64   View pdf image (33K)
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