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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 95   View pdf image (33K)
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BOARMAN'S CASE. 95

order of the 15th day of July last, that John H. Manning, one of
the trustees, is dead; that Ignatius Manning, the other trustee,
now resides out of the state, (c) and that the grant or appointment
made by the orders of the 13th of November, 1810, and of the
20th of November, 1820, were joint, a mere authority without
any interest, which determined by the death of one of the trustees.
(d) It is therefore Ordered, that the appointment of the said Ig-
natius Manning as trustee of the said lunatic, be and the same is
hereby annulled.

And it is further Ordered, that the care, custody, and charge of
the person and of the estate, real and personal, of the said Corne-
lius Boarman, a lunatic, be and they are hereby committed unto
James Boarman, of Charles county, one of the next of kin of the
said lunatic: provided, that before the said James Boarman shall act
as trustee as aforesaid, he shall file with the register a bond to the
state, executed by himself, and a surety or sureties, to be ap-
proved by the Chancellor, in the penalty of ten thousand dollars,
conditioned for the faithful performance of the trust reposed in him
by this order; 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 to his hands, or be known to,
or discovered by him; and for delivering the same up agreeably
to the Chancellor's order; and to account for the proceeds of the
same to the lunatic's use, and in such manner as the Chancellor
shall direct by any future order.

The trustee Boarman gave bond accordingly. Soon after which,
Ignatius Manning by his petition, on oath, stated, that he had
resided within the District of Columbia ever since the year 1817,
which fact was well known to the Chancellor when he passed the
order of the 20th of November, 1820; that the lunatic then occu-
pied the same house in which he had resided for the last thirty
years, and which was then every way good, sufficient and suitable
for him; that he was taken great care of by the petitioner's bro-
ther, to whom he was attached; that the conduct of the petitioner,
in relation to the lunatic and his estate, had been in all respects
fair and upright; that having been authorized by the previous
orders of this court to use the lunatic's estate as his own, the

(c) Ex parte Ord, 4 Cond. Chan. Rep. 44— (d) Ex parte Lyne, Cas. Femp. Tal-
bot 143—Ex parte Clarke, 4 Cond. Chan. Rep. 279.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 95   View pdf image (33K)
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