Thruston v. Blackiston
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County, in Equity. Under the will of Jeanet Clarke, executed on the 15th of February, 1847,'a certain Matthew St. Clair Clarke was appointed trustee to carry out certain trusts therein created. George A. D. Clarke, called George Augustus Clarke in the will, and such children as he might leave at the time of his death, were the primary beneficiaries of the trust.
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Appeal from the Circuit Court for Allegany County, in Equity. Under the will of Jeanet Clarke, executed on the 15th of February, 1847,'a certain Matthew St. Clair Clarke was appointed trustee to carry out certain trusts therein created. George A. D. Clarke, called George Augustus Clarke in the will, and such children as he might leave at the time of his death, were the primary beneficiaries of the trust. Upon the petition-of the said George A. D. Clarke, filed in Allegany county Court, as a Court of Equity, a decree was passed on the 1st of November, 1848, appointing Charles B. Thruston in…
1Opinion of the CourtStewart, J.
There are two questions involved in the case — -the one, as to the jurisdiction of the Court of Equity, over the sureties on the bond of the trustee, and the other, as to the effect of the plea of limitation.
There is no doubt'as to the duty of the administrator of the deceased trustee to render an account of the trust. No error is shown in the proceedings resorted to, for the purpose of ascertaining the liability on the bond of the trustee. See Dent vs. Maddox, 4 Md., 522.
It is well settled, by numerous decisions in the State, that ■ the jurisdiction of a Court of Equity will embrace this…
2Cases cited8 opinions
- Scott v. StateCourt of Appeals of Maryland · 1852
- Brooks v. BrookeCourt of Appeals of Maryland · 1842
- Gillespie v. CreswellCourt of Appeals of Maryland · 1841
- Dent v. MaddoxCourt of Appeals of Maryland · 1853
- State v. AnnanCourt of Appeals of Maryland · 1829
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Safe Deposit & Trust Co. v. CahnCourt of Appeals of Maryland · 1906
- Stewart v. Firemen's InsuranceCourt of Appeals of Maryland · 1880
- State ex rel. Henderson v. HendersonCourt of Appeals of Maryland · 1880
- McKim v. GloverMassachusetts Supreme Judicial Court · 1894
- Kenny v. PeregoyCourt of Appeals of Maryland · 1951
6 more not listed; retrieve them via the Exa API.