Barry v. Barry
High Court of Chancery of Maryland
[On the 24th of April, 1839, a decree passed this court for the sale of the real estate of Robert Barry, deceased, for distribution among his heirs at law, and appointing Bernard W. Campbell trustee for that purpose.
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[On the 24th of April, 1839, a decree passed this court for the sale of the real estate of Robert Barry, deceased, for distribution among his heirs at law, and appointing Bernard W. Campbell trustee for that purpose. The trustee being unable to effect an advantageous sale, the property was rented out by him, and on the 8th November, 1844, an order was passed authorizing him to continue to rent the same, and to apply portions of the rents to its repair; and referring the case to the Auditor for an account. On the 18th of the same month a further order was passed, allowing the trustee a…
1Opinion of the Court
The Chancellor :
In deciding upon the propriety of allowing commissions to the trustee upon the sales of the property, the court is not embarrassed by any previous order making such allowance, no such order having been passed ; the sale itself, indeed, not being finally ratified.
That a trustee may waive his claim to commissions, where that claim exists, has been decided by the Court of Appeals in the case of Ridgely vs. Gittings, 2 Harr. & Gill, 58, and of course is not to be disputed, nor has it been disputed in this case.
Without imputing to the trustee any improper conduct in this case, or…
2Cases cited3 opinions
- Burch v. ScottCourt of Appeals of Maryland · 1829
- Lansing v. M'PhersonNew York Court of Chancery · 1818
- Wooster v. WoodhullNew York Court of Chancery · 1815
3Cited by5 opinions
- Collins v. CollinsCourt of Appeals of Maryland · 1904
- Moss v. Annapolis Savings InstitutionCourt of Appeals of Maryland · 1939
- Polk v. JohnsonIndiana Supreme Court · 1903
- Winslow v. StaabCourt of Appeals for the Second Circuit · 1917
- Polk v. JohnsonIndiana Court of Appeals · 1902