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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 141   View pdf image (33K)
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GIBSON'S CASE. 141

tices, &c. ;(b) but from the general language of our constitution,
for there* is no express provision upon the subject, it appears,
that women are virtually excluded from all the various offices of our
government,—legislative, judicial, and executive. From which it
would seem to follow, that females could not constitutionally be
employed even as the mere ministerial agents of any one of the three
departments; or be commissioned to perform any executive duty
required by any one of the courts of justice. In cases of lunacy, if
the lunatic be a female^ it is generally deemed most proper to
appoint a female committee to take charge of her person. And
so in other cases of that class, it has been sometimes held, that
the comfort of the unfortunate person would be best promoted by
having his person placed under the care of a female committee, as
by appointing the wife to be the committee of her husband, &c.(c)
The Chancellor of Maryland has always been regulated by similar
principles and feelings; and therefore with a view to the peace and
comfort of the lunatic, his daughter has been appointed trustee of
his person with others who were constituted trustees of his estate, (d)
In a creditors' suit, where the estate of the deceased was likely to
be exhausted by the payment of his debts, the widow, on asking
to be appointed trustee, with a view to save the commissions for

said do and shall, as soon as the several parcels of land, &c. are sold, make and lodge
in this court, under his hand and with his affidavit of the truth thereof thereto
annexed, a just and accurate certificate or memorandum of the said sales, to whom
made, and at what price; and also as soon as may be, after the receipt of the pur-
chase money thereof, render to this court a full, just and true account, with his affi-
davit annexed, of his disbursements thereof, to whom made, and at what time; that
the guardian aforesaid do and shall, before any sale, &c. execute and file in this court
his bond to the State of Maryland, with good and sufficient surety, faithfolly to fulfil
and perform the trust in him reposed by the said decree, &c. and that the said guar-
dian do and shall, before the payment of the said sum of money to the complainants,
obtain from them a bond to the State of Maryland with good surety, &c. to indem-
nify, save harmless, and exonerate the said Edward Dorsey, son of Samuel, his heirs,
&c. from all charges, &c. on account of the judgments aforesaid obtained by the said
Alexander Lawson, and from all claims for which he may be made chargeable by
the said codicil to the last will of his grandfather, or by any otter means whatsoever.

It appears that the trustee gave bond, and returned an account of his disbursements
of the proceeds of sale, with which the record closes.—Chan. Pro. No, 2, page 136.

BOND v. BOND.—On a bill filed on the 1st of October, 1783, a decree was passed
2d January, 1786, for a sale of real estate, which sale was directed to be made by a
trustee in a manner precisely similar to that directed by the decree in Hie aforegoing
case.—Chan. Pro. No. 2, page. 612.

(6) The King v. Stubbs, 2 T. R. 395; Land H. Ass. 104, note.—(e) Ex parte Le
Heap, 18 Ves. 226; Ex parte Ludtow, 2 P. WiD. 635—(d) H. Clagget's case, MS
7th December, 1826.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 141   View pdf image (33K)
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