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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 706   View pdf image (33K)
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706 INDEX.

of a violation of his trust. Contee v.

A trustee appointed % a decree to make

Dawson, 289.

a sale, cannot be permitted, without

Those who mislead or practise a fraud

J&e* previous sanction if the court, to

upon a trustee can claim nothing of
him, 290.

the proceeds of sale. Tilly v.

The cases 40 which a trustee may be

no trustee can himself pur*

appointed, under the act of 1785, ch.

the sale he makes, yet a plain-

72, s. 4, to make a sale on an ex parte

tiff, ihfendant, creditor, or mortgagee,

petition. Deakins' case, 398; Ex
parte Bonne, 321; ex parte Tongue,

may;, and after the costs, &c. have
be^M|ifitteted,~the residue of the pur-

322; Ex parte Berry, 322; Ex parte

chailf ifidiey applied in discharge of

Zimmerman, 323; Ex parte Conway,

the dibt^^lktiraock's case, 467.

323.

In the appointment of a trustee those

On an application under this act by a

creditetrtfco stew the greatest amount

creditor, if his claim be a stale one,

of claimt to have the most weight.

some proof of its validity will be re-

Watkins v. Worthington, 511.

quired. Deakins' case, 400.

 

A trustee appointed under this act will

fJWT* TVTI? C Q

Wll,Nji»bo.

not be allowed to sell any but the land

A cross-examination no waiver of any

devised to be sold; and may be con-

objection to a witness. Winder v.

trolled in other respects, 398.

Diffenderffer, 193.

Where such a trustee has left the state

A witness may, for cause, demur, upon

without completing his trust, another

which his examination must be sus-

trustee may be appointed. Ex parte

 

Berry, 322.

A witness may be compelled to attend

After the claims have been stated and

and have his deposition taken before a

sanctioned, the trustee allowed to pay

justice of the peace, 196.

them. Hindeman v. Clayton, 339.

A witness may be summoned and com-

Under u»*heiad of just allowances a

pelled to give evidence before commis-

trustee may be allowed a fee paid to a

sioners to take evidence. Maccubbin

solicitor for advice in relation to his

v. Matthews, 252.

trust. Jfones ». Stockett, 417.

A commission to take evidence should be

A complaint that a trustee holds the trust

executed within a reasonable distance

fund idle and unprofitable, implies that

of the residence of the witness, 253.

he should bring it in to be invested, 425.

A witness or party may be ordered to

There are few cases in which a trustee

attend and testify, or account before

may not decline to act without the

the auditor. Hammond v. Hammond,

direction of the court, 425. Orchard

310.

v. Smith, 319.

Where it becomes necessary to have the

In what cases the court will remove or

plaintiff's prochein ami examined as a

discharge a trustee after he has ac-

witness, he may be discharged, and

cepted the trust. Jones v. Stockett,

another appointed in his place. Helms

434.

v. Franciscus, 550.



 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 706   View pdf image (33K)
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