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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 212   View pdf image (33K)
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212 CAMPBELL'S CASE.

may be necessary; and if there should still be a deficiency, that

then as much of the testator's property lying in the city of Wash-
ington be sold as may be necessary to supply the deficiency. And
the money arising from the sales shall be applied by the trustees to
the payment of the debts due by the testator, and according to the
uses and trusts specified in his last will and testament. And the
sales of the testator's estate, which were made unto Warner War-
field and unto James Hood, as set forth in the proceedings, are
hereby approved, and each of the said contracts is hereby directed
to be executed and completed upon the terms expressed in the
proceedings. And it is further Ordered, that Edward Campbell,
one of the said trustees, shall, as soon as conveniently may be,
return to this court a full and particular account of his proceedings
relative to the sales stated to have been made by him, and of the
amount of the purchase money received by him, and whether he
has the same now in hand; and if not, how and in what manner
he has disposed of or distributed the same in execution of the
trusts reposed in him, with an affidavit of the truth thereof.

The plaintiffs Cunningham and wife, by their petition, founded
on the act of assembly in regard to such matters, (a) represented,
that the estate of the late William Campbell, which by the decree
of the 7th of October, had been ordered to be sold by these testa-
mentary trustees, was very large and valuable; and that it was
necessary for the safety of those interested, that the trustees should
give bond with surety for the faithful performance of the trust;
whereupon they prayed, that the trustees might be ordered to give
bond, &c.

3d July, 1826.—BLAND, Chancellor.—Ordered, that the trustees
Edward Campbell and John McHenry, on or before the twenty-first
day of August next, execute and file with the register, their bond
to the state in the penalty of $100,000, with surety or sureties
to be approved by the Chancellor, for the due execution of the
trust reposed in them, or shew good cause to the contrary; provided,
that a copy of this order, together with a copy of the foregoing
petition be served on them, on or before the twenty-fourth instant.

A copy having been served as required, and no cause having
been shewn, the matter was again submitted to the court.

(a) 1785, ch. 72, s. 10.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 212   View pdf image (33K)
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