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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 347   View pdf image (33K)
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LAROQUE VS. CANDOLLE. 347
EDWARD LAROQUE AND OTHERS
vs. JULY TERM, 1852.
JOSEPH CANDOLLE.
[COUNSEL FEES.]
COUNSEL fees for services rendered by a solicitor at the instance of an attor-
ney in fact of the cestui quo trust, will not be allowed out of the trust fund.
The trustee will be allowed all his reasonable costs and expenses including
money paid in properly taking the opinion, and procuring the direction
and assistance of counsel in administering the trust, but this is the utmost
extent to which the practice has been carried.
In this case, certain property was sold under a decree of this
court, by Edward Laroque and Charles F. Mayer, trustees, and
the only question decided, in the opinion of the Chancellor, be-
low, arises upon the petition of James C. Ninde, filed in the
cause on the 21st of June, 1852.
This petition alleges, in substance, that said Ninde was in
1843, employed by Joseph L. Bonnet, the attorney in fact of
some of the parties interested in the property sold, residing in
France, as solicitor to represent their interest in this cause, then
pending, for the purpose of procuring a decree for the sale of
said property. That he continued to render his services as
such solicitor at various times from the period of his employ-
ment down to the month of June, 1851, when the power of
attorney under which said Bonnet was authorized to act as at-
torney in fact for said parties was revoked. That he has never
been. paid for his said professional services, which he estimates
at $200, and prays for an allowance therefor out of the trust
funds in the hands of the trustees.
This petition was resisted, and a general replication thereto
entered, and evidence taken in support thereof, which it is not
necessary to state, as the petition was dismissed upon other
grounds stated in the following opinion of the Chancellor.]
THE CHANCELLOR :
The matter of the petition of Joseph C. Nindo being sub-
mitted by the parties under the order of the 22d of June last,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 347   View pdf image (33K)
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