Hurtt v. Fisher
Court of Appeals of Maryland
Appeal from Kent County Court, sitting as a Court of Equity. The bill filed by the appellee on the 13th of March 1823, stated that in the year 1814 James Hurtt died seized and possessed of a considerable real and personal estate, leaving nine children, viz. Mary, Henry, Samuel, Elizabeth, Adah, Martha, James, Sarah and Ruelma, the three last minors, under the age of 21 years.
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Appeal from Kent County Court, sitting as a Court of Equity. The bill filed by the appellee on the 13th of March 1823, stated that in the year 1814 James Hurtt died seized and possessed of a considerable real and personal estate, leaving nine children, viz. Mary, Henry, Samuel, Elizabeth, Adah, Martha, James, Sarah and Ruelma, the three last minors, under the age of 21 years. That the said Hurtt by his last •will, dated the 26th of January 1813, directed that all his lands in Queen-Jlnne’s and Kent counties should be sold under the direction of his executor therein named, and upon such terms…
1Opinion of the CourtMartin, J.
That a trustee is answerable for money lost by his gross negligence, is a principle of law well established; and whether Hurtt has been guilty of such negligence as to make him answerable for the amount of the purchase money on the first sale, must depend upon the faets admitted in the answer.
It appears the will was proved in 1814, and that in August of the same year the lands in Kent county were sold by Hurtt to Salisbury. The terms of this sale, whether for cash, or on credit, are no where stated in the record. If it was for cash, it was the duty of the trustee, upon payment being refused,…
2Cases cited1 opinion
- Craig v. LeslieSupreme Court of the United States · 1818
3Cited by6 opinions
- Church Extension of the Methodist Episcopal Church v. Smith ex rel. GuerkeCourt of Appeals of Maryland · 1881
- Lambert v. MorganCourt of Appeals of Maryland · 1909
- Reiff v. StriteCourt of Appeals of Maryland · 1880
- Stake v. MobleyCourt of Appeals of Maryland · 1905
- Paisley v. HolzshuCourt of Appeals of Maryland · 1896
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