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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 90   View pdf image (33K)
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90 BOARMAN'S CASE.

said estate as his own, without rendering any account of the profits
thereof; (a) in consideration of his taking care of the person of the
lunatic, and providing him clothing and complete maintenance,
and every necessary to his comfort and subsistence, according to
his estate and condition : provided, that before the said John Man-
ning shall act as trustee aforesaid, he shall file with the register of
this court, a bond to the State of Maryland, executed by himself,
and a surety or sureties, approved by the Chancellor, in the penalty
of , £2000, conditioned for the faithful performance of the trust
reposed in him by this order, according to the tenor thereof; and
for returning to this court within six months from the date thereof,
an inventory of the real and personal estate of the said lunatic,
which shall come into his hands, or be known to, or discovered by
him; and for delivering the same up, agreeably to the Chancellor's
order, whenever for that purpose passed. Ordered further, that
when the said Manning shall enter upon his trust, he shall make
sale of the perishable articles of the said personal estate; and report
the same to the Chancellor, in order that he may either ratify or
set aside the same.

This trustee gave bond accordingly; and returned an inventory of
the property of the lunatic, which had come to his hands. Some
time after which, he stated by his petition, that negro James, the
property of the lunatic, had frequently absconded from service, and
had several times nearly effected his escape; and by so doing had
become of little use, and was in great danger of being totally
lost. Whereupon the petitioner prayed, that he might be autho-
rised to sell him, &c.

7th June, 1805.—HANSON, Chancellor.—Ordered, that the trus-
tee of the said lunatic, viz. the said John Manning, be and is hereby
authorised to sell a certain negro belonging to the said lunatic,
called James; the purchaser of the said slave paying immediately
the consideration, or giving bond with surety to the said trustee as
such for paying the same with interest, within one year from the

(a) The Chancellor of England cannot grant a lunatic's estate without account;
but the Chancellor there, may make what allowance he pleases for the maintenance
of the lunatic, as supposing the estate to be £500 per annum, or £1000, he may
allow as great a salary as the income of the estate amounts to; so that, in some
cases, where the income is very narrow, the whole may be deemed little enough.
Sheldon v. Fortescue Aland, 3 P. Will. 110; Lysaght v. Royse, 2 Scho. and Lef.
153; In the matter of Fitzgerald, 2 Scho, and Lef. 436; Shelford on Lunatics, 215.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 90   View pdf image (33K)
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