MULLIKIN v. MULLIKIN. 539
December 1817 sold a part of the estate to Benjamin H. Mullikin
for the sum of $5163 75; that on the 19th of October 1819 he
had sold the residue of the estate to Edward E. Anderson, for the
sum of $3000; that he had received a payment of $1798 71 from
the purchaser Benjamin H. Mullikin, and held his notes for the
balance; and that he had received in payment from the purchaser
Anderson the sum of $1060; and held his notes for the balance
These reported sales were finally ratified on the 14th of February
1825, and on the same day the auditor reported a distribution of
the proceeds among those heirs of the late Belt Mullikin; which
was confirmed by an order passed on the next day, and the trustee
directed to apply the proceeds accordingly.
On the 12th of September 1827 the heiress Kitty', who had mar-
ried Joseph Howard, with her husband filed a petition, alleging,
that the trustee Basil D. Mullikin had received the whole or the
greater part of the purchase money, and had not paid th^ petitioner
Kitty or her husband the share awarded to her; whereupon they
prayed, that the trustee might be ordered to report his proceedings
and to bring into court the proceeds of the sale made by him.
Upon which he was ordered to report or shew cause; and accord-
ingly on the 26th of February 1828 he filed his report or answer,
loosely stating the -sums he had received and paid away, and that
the securities taken from the purchasers had been deposited with
his surety Baruch Mullikin, and further that he had applied for the
benefit of the insolvent laws. To the sufficiency of this answer
the petitioners filed their exceptions on the 29th of February 1828,
in which they also pray, that Baruch Mullikin may be required to
bring those securities into court; that the trustee be directed to
bring in the money received by him; and that he be displaced.
On the same 29th of February the heiress Rachel with Thomas
I. Hall her husband, and Harriet Waters as assignee of the heir
John Waters, filed their petition, in which they state, that the share
awarded to Rachel and John had not been paid by the trustee; and
pray, that they may be admitted as parties along with Howard and
wife; which was ordered accordingly.
3d March, 1828.—BLAND, Chancellor.—On consideration of
the petition of Howard and wife and the answer of the trustee
Basil D. Mullikin thereto; and of the objections to that answer,
which objections being considered valid, it is ordered, that the
said trustee Basil D. Mullikin be and he is hereby required to
make a full and perfect answer to the said petition accordingly on
*
|
![clear space](../../../images/clear.gif) |