|
|
|
|
|
|
|
|
|
|
|
|
|
WILLIAMS' CASE. 213
Therefore it is Ordered, that the property in the proceedings
mentioned be sold upon the following terms, that is to say, one-
|
|
|
|
|
|
|
|
The infant defendants answered by their guardian od litem, and the adult defen-
dants also put in their answers. They all admitted the facts set forth in the bill, and
consented to a sale and division being made as prayed.
18th February, 1805,—HANSON, Chancellor.—Decreed, that the lands and premi-
ses in the bill mentioned, together with any other land that Allen Quynn may have,
by his last will, devised to the complainant and the defendants, be sold, and the
money arising therefrom, under the direction of the Chancellor, after paying the
costs of this suit, be divided amongst and paid to the respective parties according to
their several interests; that John Johnson, who is recommended by more than one-
half in value of the persons interested, be appointed trustee to make the sale; that
the course and manner of his proceeding be as follows, &c. &c., the sales to be on
credit, bond with approved surety to be given to the trustee as such, for the payment
of the purchase money as follows, one-fourth thereof, with interest on the same, on or
before the expiration of one year from the day of sale; one other fourth thereof, with
interest on the same, on or before the expiration of two years from the day of sale;
one other fourth thereof, with interest on the same, on or before the expiration of
three years from the day of sale; and the remaining fourth, with interest thereon, on
or before the expiration of four years from the day of sale, &c. &c., and upon the
approbation, ratification, and confirmation by the Chancellor, which will be, if at all,
just six weeks from the day of sale; and upon receipt of the whole purchase money,
and not before, the trustee by a good deed, &c. &c. The Chancellor considers the
trustee as having the right or power of postponing a sale, if in the trustee's opinion
necessary; and likewise of having a bye-bidder.
The trustee Johnson reported, that he had given bond as required; and that he
had on the 15th of March, 1805, made sale of a part of the real estate of the testator.
At the foot of which report there was a note in these words: 'We the subscribers do
approve of the sale made by the trustee to Mrs. Isaac Duckett, as contained in the
aforegoing report, and request the Chancellor to confirm the same.' Signed John
Gassaway, guardian to Eliza and John. John Kilty.
3d July, 1805.—HANSON, Chancellor.—Ordered, that the sale made by John John-
son of the real estate of the testator Allen Quynn, be absolutely ratified and con-
firmed; that for his whole trouble and expense incurred, or to be incurred, in the
execution of his trust, he be allowed the sum of £ 150; and that the auditor state the
application of the money arising from the sale, after deducting the said commission
and costs.
|
|
|
|
|
|
|
|
The auditor reported a distribution of the proceeds of the sales, in which he
awarded one-fourth of them to the plaintiff in his own right, and another fourth; to
him as the assignee of the defendant John Quynn.
Upon which the trustee Johnson, by his petition, stated, that he was desirous of
closing his trust; and as the bonds, taken to secure the payment of the purchase
money, would not become due for some time, he prayed, that he might be ordered to
assign them to the several devisees in satisfaction of their respective shares.
10th July, 1805.—HANSON, Chancellor.—Ordered, that the trustee after receiving
on each bond an equal proportion of the costs and expenses, as stated in the auditor's
report, assign to the respective parties entitled, the bonds as follows, to wit, to John
Kilty the two bonds, one due on the 15th day of March, 1807, the other due on the
15th day of March, 1808; to the guardian of the children of Allen Quynn, the son,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|