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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 97   View pdf image (33K)
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BOARMAN'S CASE. 97

The trustee Ignatius Maiming put in his answer on oath, as
required, in which he stated, that he had delivered over to the ad-
ministrator of the late lunatic, all his personal estate, except the
one-third part of the sura of .£353 7s. 0d. which could be deducted
from the proportionate part of the said lunatic's estate, due to this
respondent as one of his heirs, &c.

After which, the administrator Boarman, by his petition stated,
that the personal estate of his intestate had been sold under an
order of the Orphans' Court; that Ignatius Manning had purchased
to a large amount at that sale; and that no distribution could be
made of the intestate's estate but by his administrator. Where-
upon he prayed, that the trustee Ignatius Manning might be ordered
to pay, or bring into court the sum of £353 7s. 0d. for which he
had admitted himself to be accountable, &c.

15th June, 1829.—BLAND, Chancellor.— Ordered, that the said
Ignatius Manning forthwith pay unto the petitioner James Boar-
man, as the administrator of Cornelius Boarman, or bring into this
court the sum of .£353 7s. 0d. together with legal interest thereon,
from the first day of the present month; the said Ignatius having
then failed fully to account, or show good cause as directed by the
order of the 6th of February last.

This order having been served, and not having been complied
with, on application, an attachment was ordered. After which,
the trustee Manning by his petition stated, that the sum of £353
7s. Od. had come to the hands of his father, who was the first trus-
tee, and on his death it had been, by his direction, and with
consent, distributed among his three sons, as the next of kin of the
lunatic, who would be entitled to it after his death; so that no
more than one-third part of that amount had ever, actually, come
to the hands of this trustee; that he had consented to this arrange-
ment; and now deemed it admissible, because he and his brothers,
among whom it had been divided, were, as the lunatic's next of
kin, entitled to a distributive share of his estate, much larger in
amount than the sum of money thus returned. Whereupon the
petitioner prayed, that the amount might be discounted from the
distributive shares of the intestate's estate, to which they were enti-
tled, or that all further proceedings in this court might be suspen-
ded until a settlement could be had with the Orphans' Court, &c.

1st August, 1829.—BLAND, Chancellor.—The petition of Igna-
tius Manning having been submitted, the proceedings were read
and considered.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 97   View pdf image (33K)
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