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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 96   View pdf image (33K)
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96 HIGH COURT OF CHANCERY.
eeive the same; and in case of no such nomination by will,
then, to her legal representatives, the sum of five hundred
dollars; and the rest, residue and remainder of the estate (of
the testatrix) not by her will otherwise disposed of, to be di-
vided into two equal parts, one-half whereof she gave and de-
vised to the children of her brother, William Jackson, their
heirs, &c., forever; and the other half to the children of her
sister, Elizabeth Thompson, their heirs, &c., forever." And
she appointed the said Charles A. Williamson her sole executor,
who duly qualified as such.
Upon the bill of Charles A. Williamson, as executor of Mary
Ann Jones, which was filed against the parties claiming under
the mortgagor, Susan Ann Leduc, a decree passed on the 17th
of October, for the sale of the mortgaged premises; and a sale,
by the trustee appointed for the purpose, was duly made, re-
ported to, and ratified by the court; and by the report of the
Auditor, (not yet confirmed,) the net proceeds of this sale are
assigned to the said Williamson, as executor, in payment of the
mortgage debt, leaving a balance still due thereon.
In this state of the proceedings, a petition was filed on the
30th of May, 1850, by Miller and Mayhew, stating that on the
1st of February, 1849, the complainant, Charles A. Williamson,
executor and devisee of Mary Ann Jones, assigned to them the
mortgage claim and the proceeds of the sale, as security for
the payment of four promissory notes, drawn by William-
son, Sutton & Co., in favor of the petitioners, amounting to
$5632 77; and praying for an order directing the trustee to
pay them their claim out of the proceeds of the sale: and with
this petition there was exhibited a paper, by which the said
Williamson, for the purpose of securing the sftd four notes, or
any other note or notes, which may be given in renewal thereof,
assigned and transferred to the petitioners this mortgage claim,
stated in the assignment to be due him, and then in the hands
of his attorney for collection, with a direction that his said
attorney pay said notes out of the amount he may collect under
the mortgage. This assignment Williamson signed as execu-
tor and devisee of Mary Jones.

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 96   View pdf image (33K)
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