|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
POST v. MACKALL. 489
imbecile person, who has instituted a suit, may be taken care of,
and that he may be enabled to perform a duty, his solicitor may be
directed to sustain and prosecute the suit for his benefit; or a guar-
dian may be appointed for the special purpose of executing the act
required, according to the nature of the case, (f)
Whereupon it is Ordered, that Louis Mackall be and he is here-
by appointed guardian of the defendant Benjamin B. Mackall, to
make answer to the said bill of complaint in his behalf, and in all
respects to defend and protect his interests in this suit.
|
|
|
|
|
|
|
|
|
|
On the 27th of April, 1830, the lunatic defendant answered by
his guardian. The other defendants put in their answers, in which
they all admitted the claims of the plaintiffs; that the personal
estate of the deceased was insufficient to pay his debts; and con-
sented, that a decree should pass as prayed.
4th May, 1830. —BLAND, Chancellor. —Decreed, that the real
estate of Benjamin Mackall, deceased, be sold; that John Johnson
and Thomas S. Alexander be appointed trustees to make the sale,
&c.; the terms of which shall be, one-third of the purchase money
to be paid in six months, one other third in twelve months, and the
residue in eighteen months from the day of sale; with interest from
the day of sale, &c. That notice be given to the creditors of the
deceased to file the vouchers of their claims within four months
from the day of sale. And that the defendant Louis Mackall, the
administrator de bonis non of the deceased, account, &c.; which
account the auditor is directed to state from the evidence now in
the case, and such other evidence as may be produced before him
by either party, on giving the usual notice, &c.
|
|
|
|
|
|
|
|
|
|
After which the trustees reported that they had given notice to
the creditors; and had made sales of the real estate of the deceased
on the 26th of July, 1830, to the amount of $10, 275 92; which
were finally ratified on the 20th of November, 1830.
On the 10th of February, 1831, the plaintiffs filed their bill in
the nature of a supplemental bill against Christiana Mackall, the
widow of Benjamin Mackall, deceased, in which they state, that
in pursuance of the decree of the 4th of May, 1830, and the no-
tice to creditors, The President, Directors and Company of the
|
|
|
|
|
|
|
|
|
|
(f) 1 Fonb. Eq. 64; Donegal's case, 2 Yes. 408; Wartnaby v. Wartnaby, 4
Cond. Cha. Rep. 173; Colegate D. Owings' case, 1 Bland, 372.
62 v. 3
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
