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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 501   View pdf image (33K)
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CORRIE'S CASE. 501

tary guardian; or who has no property any where; or whose land
does not lie within the body of any county of this state; or upon,
whose personal estate no administration can be granted by any
Orphans Court of this state; and recollecting, moreover, that all
guardians are considered as trustees, and as such, responsible in
chancery, whose jurisdiction, in that respect, has been expressly
saved, it will be seen, that the Chancellor has a large scope of
jurisdiction lying entirely beyond that of the ordinary tribunals, in
addition to that wide space of authority, founded on the doctrine
of trusts, which may, as in calling guardians to account, and the
like, be exercised in concurrence with those tribunals, (s)

It has been declared that every female orphan shall be accounted
of full age to receive her estate at the age of eighteen years, or day
of marriage, which shall first happen; (t) and such female infants
have been endowed with a capacity, after that age, to execute a
release to their guardians on receiving it; (u) and also with a ca-

(s) HEPBURN v. HEPBURN.—This bill was filed by John Hepburn, an infant, by
Henrietta Maria Walker, his mother and next friend, against Samuel Chew Hepburn,
his guardian, for an account, &c. The defendant answered, and the case was brought
before the court.

16th April, 1791.—HANSON, Chancellor.—The Chancellor is of opinion, that this
court hath an undoubted authority to interpose in the affairs of all infants under
the care of guardians, on the application of their nearest friends. As it appears,
both from the bill and answer, that at least the education of the complainant hath
been neglected; and that there does not exist, between him and the defendant, such
a confidence and good will as ought to prevail between persons connected by a two-
fold endearing relation; as the defendant admits a balance in his hands, belonging to
the complainant, under the last will of his father John Hepburn, jun., to a conside-
rable amount in current money and tobacco; as the complainant, on attaining full
age, will be entitled to a considerable estate, both real and personal j as the Chan-
cellor conceives it proper for the complainant to be educated and maintained accord-
ing to his rank; as it is even most eligible for the defendant to dispose of the said
balance under the direction of this court; and as the defendant has expressed a wil-
lingness to be directed in that respect by this court:

It is Adjudged and Ordered, that the defendant deliver unto Henrietta M. Walker,

the complainant's mother, on or before the first day of June next, the sum of £35

current money, and the like sum of £35, quarterly, until the complainant shall

attain his full age of twenty-one years; and that the receipt of the said Walker shall

be good against the complainant. And it is further Adjudged and Ordered, that the

said Henrietta M. Walker, provided she accept the trust in her hereby reposed, shall

apply the said money to the maintenance and education of the complainant, and not

otherwise. And that, in respect to education, the said trustee, Mrs. Walker, shall

act agreeably to the wish and inclination of the complainant; it being the intent and

meaning of this order, that the said money shall be paid to the said trustee, whether

the complainant be kept at school, or otherwise.

(t) 1715, ch. 39, s. 15; 1829, ch. 216, s. 5.—(v) 1829, ch. 216, s. 7, and, since,
with a capacity to execute powers of attorney for such purposes; 1881, ch, 305, s, 5.
64 v.2



 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 501   View pdf image (33K)
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