|
|
|
|
|
|
|
298 COOMBS v. JORDAN.
complete the trust. Whereupon it was prayed, that a new trustee
might be appointed; that the real estate which had been bought by
the said Booth might be re-sold for the payment of the balance of
the purchase money; and that they might have such relief as the
nature of their case required.
3d January, 1826.—BLAND, Chancellor.—Ordered, that William
D. Merrick of Charles county, be appointed trustee in place of the
said James Cook, deceased, with all the powers with which the
said Cook was invested by the decree of the 30th of June, 1810;
and that be give bond, &c. in the penal sum of f 5,000. And it is
further Ordered, that the said trustee hereby appointed proceed to
make sale of the said real estate according to the terms of the said
decree; unless the said John Llewellin and Mary his wife shew
good cause to the contrary on or before the 14th day of February
next. Provided that a copy of this order, together with a copy of
the said petition, be served on the said Llewellin and wife on or
before the 17th of the present month.
|
|
|
|
|
|
|
|
|
|
Llewellin and wife, on the 9th of February, 1826, filed their
answer to this petition, shewing cause as allowed by this order, in
which answer they state among other things, that their intestate
Booth had purchased the real estate as stated; that he died on the
tenth of November, 1824; and that sundry payments had been
made by him to Edmund Key, the guardian of the petitioners under
the authority of this court, and with the consent of the said trustee
Cook, &c.
After which it was agreed, that no re-sale was to be made until
Hie auditor had stated an account ascertaining the balance due from
the estate of .Booth, the former purchaser; and that thirty days
thereafter should be allowed for making payment. The report of
the auditor to be affirmed, as of course, unless objected to within
seven days after notice thereof. Upon this agreement the case
was, by an order of the 14th of April, 1826, referred to the auditor
to state an account accordingly.
In a report, filed on the 19th of June, 1826, the auditor says,
that he had stated the account therewith returned between Jeremiah
Booth, deceased, the purchaser, and estate of Richard Jordan, de-
ceased, wherein he had charged the said Jeremiah Booth with the
amount of his bonds given for the two last instalments of the pur-
chase money. And allowed all the payments claimed by the
answer 0f John Llewellin and Mary his wife to the petition of Ann
|
|
|
|
|
|
|
|
 |
