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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 56   View pdf image (33K)
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56 TOWNSHEND v. DUNCAN.

referred to a toaster to take accounts between parties of every
description; to inquire into the claims of creditors, legatees, and
next of kin; to inquire into repairs to be done; to inquire and
state what would be m sufficient allowance for the maintenance
and education of an infant, or for the maintenance of any one, the
amount of which, as claimed, was left uncertain; (t) to inquire
into the value of an estate for the purpose of enabling a party to
elect, to assist the court in fixing upon a price, or in making an
investment; (u) to inquire whether it would be most for the bene-
fit of an infant, or feme covert to take under a will, or against it;
(w) or to inquire into the value of an annuity, and of the estate
upon which it is charged, (x) Where the plaintiff's claim was found-
ed on a variety of deeds, wills and other instruments, the general
purport only of which was stated in the bill, it was referred to a
master to state a case of the rights claimed by the plaintiff under
those instruments; (y) and so too, where the bill had not minutely
charged every particular circumstance, which, as matters of evi-
dence, it would not have been proper to charge, and yet it ap-
peared, that the case turned upon it, and no notice or opportunity
had been given to the other side to answer it, the case was
referred to a master to make inquiry and report such particulars.
(z) And the court is much in the habit of directing inquiries with
respect to material points, in order to supply the defect of proofs
in the case, where a sufficient ground has been shown of the pro-
priety of such inquiry, (a)

In general, there is no question of law or equity, or disputed
fact, respecting which, a master may not be called upon to make a
report; (b) and in order to enable him to do so, the parties should
lay before him a statement of facts; (c) and he may call for proofs,
and himself examine witnesses on oath, (d) But although such
examinations, before a master himself, are made privately; no
publication passes, as of depositions taken before commissioners.
(e) If proof be wanted, and the master so certifies, a commission

(t) Abraham v. Alman, 1 Russ, 509.—-(u) Wilson v, Mount, 3 Ves. 191; Radnor
v. Shafto, 11 Ves. 454,-—(w) Wilson v. Townshend, 2 Ves. jun. 696; Ebrington v.
Ebrington, 5 Mad. 117; Gretton v. Haward, 1 Swan. 413.—(x) Jones v. Collier,
Amb. 731.—(y) Pauncefort v. Lincoln, 1 Dick. 362.—(r) Chicot v. Lequesne,2 Ves.
818; Edney v. Jewell, 6 Mad. 165.—(a) Parkinson v. Ingram, 3 Ves. 605.— (b) Pot-
infer v. Wightman, 3 Meriv. 68; Toosey v. Burchell, 4 Cond. Chan. Rep. 73;
Brown v. De Tastet, 4 Cond. Chan. Rep. 135; Cook v. Collingridge, 4 Cond. Chan.
Rep. 286.--(c) 1 Newl. Pra. 330.—(d) Beam's Ord. 285.—(e) Parkinson v. In-
gram, 3 Ves. 603; Forum Rom. 109.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 56   View pdf image (33K)
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