BOARMAN'S CASE, 98

4th January, 18l5. - Kilty, Chancellor.—The register is di-
rected to file the within petition, and to issue subpaenas to Mary
Ann Manning and Ignatius Manning, returnable to February term
next; at which term a further order will be made for procuring
testimony and hearing the petition.

To this petition the trustee Ignatius Manning put in his separate
answer, on oath, in which he positively denied the charge of
neglect and of inhuman or cruel treatment of the lunatic; and
averred, that he had been always treated with all the humanity and
care which could be bestowed; and that he had had every comfort
a man in his situation could have, and had lived in a house very
near to, and spent most of his time in the same house with the
other trustee Mary Ann and her son John H. Manning, who had
bestowed great care and attention upon him. This respondent
admitted, that the other trustee, his mother, was did and infirm,
and had not had the management of the trustee's estate; and this
respondent further stated, that the lunatic's lands were only tole-
rably good; that the greater proportion of his negroes were young
and unprofitable, so that the annual proceeds of the whole estate
had not been more than sufficient to maintain the lunatic, and rear
his negroes; and that the increase of the negroes constituted the
chief or only enhancement in the aggregate value of the estate;
that if the negroes were to be hired out and dispersed, they might
run away, and be wholly lost; he therefore suggested the propriety
of having them sold, and the proceeds invested in some public
funds, &c.

After which the trustees, by their petition stated, that the pro-
duce of the lunatic's estate was scarcely sufficient to maintain him
and his slaves; that the situation of the lunatic was such as to
make it very difficult to take care of him, unless he was placed in
a hospital; and that it would be more to his advantage, that his
negroes should be sold, and the money vested in some productive
fund; and that his lands should be rented.—Whereupon they
prayed, that they might be authorized to sell the negroes and in-
vest the proceeds, and to place the lunatic in a hospital, &c.

16th March, 1815.—KILTY, Chancellor.—The above petition
cannot be acted on until the question arising on that of Boarman's
is decided; the time for which must depend on either of the par-
ties applying for a hearing.

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