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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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