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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 354   View pdf image (33K)
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354 HAMMOND v. HAMMOND.

The next point to be established in a creditor's suit against the
representatives of a deceased debtor to enable his creditors to ob-

said, do, and shall, effectually convey and assure to the purchaser ot
thereof, their heirs and assigns in fee, upon the payment of the
thereof to the said John Dodd, as guardian aforesaid. And it is further Decreed,
that the said trustee do, and shall, as soon as the sales are made, and upon his re-
ceipt of the purchase money, pay and satisfy, according to the due course of admin-
istration, to the petitioners, the several sums of money due them, and each of them,
on their several claims exhibited to this court, with the petition aforesaid; and also
the legal interest due, and which may become due, on the several bonds or obliga-
tions in the petition mentioned. And it is further Decreed, that the said trustee do,
and shall, as soon as the several parcels of land aforesaid, or so much thereof as may
be necessary for the purposes aforesaid, are sold, for the confirmation of such sales,
before any conveyance thereof, 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 when, and at what price, and
upon what terms the same were disposed of; and also, as soon as may be, after his
receipt of the purchase money thereof, render to this court a full, just, and true
account, with his affidavit annexed, of his disbursements thereof, to whom made,
and at what time or times. And it is further Decreed, that the said trustee do, and
shall, before any sale or disposition is made of the premises aforesaid, or any part
thereof, in pursuance of this decree, execute and file in this court his bond to the
state, &c. faithfully to fulfil and perform the trust in him reposed by the decree, &c.
—Chancery Proceedings, No. 2, fol. 608.

MILDRED v. NEILL.—This was a creditor's petition, filed on the 25th of April,
1787, by Daniel Mildred and sundry others, against Isabella Neill, widow, Elizabeth
Neill, Mary Neill, Alexander Neill, Callender Neill, and Isabella Neill, the younger
infants, Hercules Courtney, Thomas Neill, and Joseph Donaldson. The petition
states, that the plaintiffs were the creditors of William Neill, deceased, who depart-
ed this life some time in the year 1785, indebted to the plaintiffs, and sundry others,
in divers large sums of money; that he devised his estate to his widow and five
children, the defendants, some of whom are in a state of minority, and incapable of
disposing of the real estate devised to them by their father for the payment of the
plaintiffs' claims; that the testator appointed the defendants, Isabella Neill, the
widow, Hercules Courtney, Thomas Neill, and Joseph Donaldson, his executors,
who took upon themselves the trust; that the personal estate had been fully admin-
istered, and that there were not personal assets to satisfy the plaintiffs' claims.
Whereupon it was prayed, that the executors might account for the personalty; and
that the devisees might disclose of what the real estate of the deceased consisted;
and also be compelled to sell the real estate for the payment of the claims of the
plaintiffs and others, according to law.

Isabella, the widow, by her answer admitted the indebtedness of the deceased and
his will; but alleged, that she bad sued out a writ of dower, and had obtained
judgment thereon to recover her dower. The other adult defendants and the infant
defendants by their guardian ad litem, admitted the debts of the plaintiff's; and speci-
fied the real estate of which the testator died seized. The will of the testator, and
the accounts of the executors settled with the Orphans Court, were exhibited as
parcels of the pleadings.

26th February, 1788.—ROGERS, Chancellor.—This case standing ready for deci-
sion, and the bill, answers and other proceedings appearing as before set forth, it is



 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 354   View pdf image (33K)
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