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NEALE v. HAGTHROP. 555
1807, the defendants Hagthrop and wife, as administratrix, by
their petition to the Orphans Court, referring to the before men-
tioned deed, set forth, that after she had returned the property therein
mentioned as part of the personal estate of her intestate John Hook,
it was discovered, that it was held only in trust by him for the
purpose of reimbursing himself certain sums of money which he had
paid on account of his father Anthony; and afterwards to hold the
same for the use of the said Anthony', and his legal representatives;
that, on making this discovery, it was agreed among the represen-
tatives of Anthony and the petitioners, that it should be sold and
the proceeds thereof distributed according to law; that a sale was
made accordingly; and that the petitioners were then ready to ac-
count for the sum of money paid by John Hook, in his life-time,
for Anthony Hook; and also for the distributive share of the residue
of the proceeds of sale arising due to John Hook as one of the chil-
dren of Anthony Hook; and, for this purpose the petitioners prayed,
that the property thus erroneously returned in the inventory of John
Hook's estate might be stricken therefrom, and the petitioners
credited accordingly. Upon which the Orphans Court adjudged
and ordered, that the property should be stricken out of the inven-
tory and the petitioners credited as prayed.
The bill further states, that the whole of the property mentioned
in said deed of trust, after the death of Anthony Hook, was wrong-
fully held and retained by John Hook; and after his death was ille-
gally, wrongfully, and fraudulently administered upon, as his pro-
perty and estate, by the defendants Hagthrop and wife; and for
the purpose, and with the intent of defrauding the other heirs of
Anthony Hook out of their legal portions thereof; that the defen-
dants Hagthrop and wife, have never accounted for any part of the
said property; that they had conveyed a part of the ten acre lot to
the defendant McMechen, and a part of the piece of land at Fells
Point to the defendant Bennett; and that the other defendants then
held portions of the property mentioned in the deed of the 17th of
August, by leases, or other conveyances derived from the defen-
dants Hagthrop and wife and the defendant McMechen.
Whereupon the bill prayed, that the defendants might be com-
pelled to account for the whole of the property which passed into
the hands of the said John Hook, and which is mentioned and des-
cribed in said deed of trust, together with the profits which have
arisen therefrom since the same has been in their possession; ex-
cepting such pun thereof as they art entitled by law to retain in
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