Court: William GRIFFITH vs. Eliza GRAHAM and others (1834); Dorchester Co., MD Copyright(c) 2003 by Kenneth S. Graham, Sr. (ImperialCrab@charter.net) http://www.usgwarchives.net/copyright.htm ******************************************************** TRANSCRIPT OF CHANCERY COURT RECORD Chancery Case B153-397 December Term 1834 William Griffith Vs Eliza Graham and others. Be it remembered that heretofore to wit on the 21st day of November 1834, came William Griffith by Henry Page Esq. his solicitor into the Court of Chancery of Maryland and Exhibited in said Court his Bill of complaint in the words following. To the Honourable Theodorick Bland, Chancellor of Maryland in the bill of complaint of William Griffith, respectfully stated that a certain Edward Graham late of Dorchester County has departed this life seized in fee of certain Real Estate lying in the county aforesaid leaving his widow Elizabeth Graham and the following children his heirs at law which Sarah Graham who has since intermarried with Henry Bibby, Eliza Graham, John Edward Graham, George Graham and a Mary Graham all whom are infants except Elizabeth that he paid Edward Graham on or about the tenth day of April in the year one thousand eight hundred and twenty three, became with a certain George Griffith the security of a certain Edward Griffith as the administrator of John Griffith as per Exhibit A appears that the said Edward Griffith assumed and took upon himself the said Trust and on or about the twenty fourth day of August in the year one thousand eight hundred and twenty seven passed his last account from which it appears he was then indebted to the said estate the sum of twelve hundred and fifty eight dollars and ninety two and three quarter cents as his Exhibit B appears. This complainant admits that there sundry credits for which the said Edward Griffith ought to receive an allowance, which are stated and allowed as per Exhibit C will appear and that the sum now due and unpaid to your complainant is the sixth part of three hundred and two dollars and seventy seven cents, being fifty dollars and forty six cents with interest from twenty fourth day of August eighteen hundred and thirty four till paid for which amount Judgement was obtained against the administrators of Edward Graham at October Term 1834 as per Exhibit D will appear. That the real and personal Estate of the said Edward Griffith and the said George Griffith have been entirely exhausted in the payment of their debts, and that the personal Estate of the said Edward Graham in not sufficient to pay his debts as per Exhibit E will appear and that letters of administration had been granted to Elizabeth Graham and Henry Bibby. To the end therefore that the real estate of the said Edward Graham may be sold for the payment of his debts, may it please your Honour to grant to your complainant the states writ of subpoena against the said Elizabeth Graham and Henry Bibby the administrators and against the said Henry Bibby and Sarah his wife of full age and against Eliza Graham, John E. Graham, George Graham and Mary Graham, minors, the legal representatives and heirs at law of the said Edward Graham command hereby them to be and appear in this court to answer the premises and show cause why a ______ should not pass as prayed and by no duty bound your complainant will ever pray. Henry Page ____ for compts EXHIBIT A Maryland, Sct. Know all men by these presents that we Edward Griffith George Griffith and Edward Graham of Dorchester County are held and firmly bound unto the State of Maryland until full and just sum of five thousand dollars current money of the United States to be paid to the said State of Maryland: to the which payment well and truly take made and done, we bind ourselves and every of us, our and every of our heirs, executors and administrators in the whole, and for the whole, jointly and severally, firmly by these presents Sealed with our seal and dated this 10th day of April 1823: The conditions of the above obligation is such that if the above bounden Edward Griffith shall well and truly perform the office of administrator of John Griffith late of Dorchester County deceased according to law and shall in all respects discharge the duties of him required by law as administrator aforesaid, without any injury or damage to any person interested in the faithful performance of the said office, then the above obligation shall be void: otherwise it is to be and remain in full force and virtue in law. Signed Sealed and Edward Griffith (Seal) Delivered in the presence of George Griffith (Seal) John Croppco Edward Graham (Seal) In testimony that the within and foregoing Bond is truly and correctly copied from the original remaining in the Registers of Wills office for Dorchester County. (Seal) I have hereto set my name and seal of my office affixed this 18th day of November 1834. W.W. Eccleston, Reg. Wills Dor. County Exhibit B Dorchester County Sct, The third additional account of Edward Griffith administrator of John Griffith late of Dorchester County deceased: This accountant charges himself with the balance of cost account passed and exhibited on the 24th April 1827……………………………………………………………………………………..…. $1282.77 And he prays to be allowed for the following payments And Disbursements, to wit For money due from deceased to John Binson for fees paid Solomon Kirwan __ sheriff on joint suit against the deceased John Leward and John Vincent as by account proved and receipt thereon appears = ??? For money retained and to be paid W.W. Eccleston Registo for fees in 1824 as by account exhibited ??? (Gisve ?) prayed Balance of Estate $1258.92 Dorchester County Sct. On the 24th day of August Anno Domini 1827 there came Edward Griffith to the aforegoing accountant and made oath on the Holy Evangely of Almighty God that the aforegoing account as stated is first and true and that he hath actually paid or secured to be paid this particular sum of money wherein for which he claims an allowance to the best of his knowledge certified by W.W. Eccleston, Reg.W. D County. Dorchester County orphans The third additional administration Court, January 18th, 1838 account was this day laid before the Court and herein after due examination was passed endorsed and ordered to be recorded ___ W.W. Eccleston, Reg W. D. Court SEAL In testimony that the aforegoing account is timely and correctly copied from the original remaining in the Register of Wills office I have hereto set my name and seal of my office affixed this 15th @ November 1834. W.W. Eccleston, Reg. Wills Dorch. County. Exhibit C Edward Griffith administrator of John Griffith. To the heirs at law of said John Griffith @ Aug 24th 1834 To amount of last account this day received as per Exhibit B appears…………. 1258.926 By commissions to be allowed…………………………………………………………………… 158.24 1100.66 By widows thirds paid her…………………………………………………………………………….. 366.88 Ό 733.77 1/3 By amount paid Guardian to the six children of John Griffith………. 520.55 213.22 To interest from Augt. 1827 to April 1834 …………………………………………………… 89.55 6) 302.77 Due each child… $50.46 Exhibit D State of Maryland (use?) of William Griffith Vs. Elizabeth Graham and Henry Bibby Adm of Edward Graham Debt $5000.00 Bond October 28th 1834 Judgment for penalty and costs to be released on the payment of $50.40 with interest from 24th August 1827 till paid and costs subject to a dividend of purchase to as may hereafter arise. Stay of Execution till the first Thursday of the next Term Reff’s costs $7.83 1/3 E. Richardson Clk Maryland Dorchester County to wit I hereby certify that the above short copy of judgment is truly and faithfully copied from the records and proceedings of Dorchester County Court remaining in my office of record. SEAL In testimony whereof I have hereunto set my hand and affixed the public seal of my office this10th day of November Anno Domini 1834. E. Richardson Clk Exhibit E I hereby certify that the personal Estate of Edward Graham late of Dorchester County deceased is insufficient to pay his debt. SEAL In testimony whereof I have hereto set my hand and the public seal of my office affixed the 15th November 1834. William W. Eccleston, Reg. Wills Dor County And thereupon was issued subpoena accordingly. And the said subpoena having been duly served afterwards, on the 3rd day of December 1834, a commission to appoint a Guardian to answer said bill on behalf of the infant defendants therein named was issued to William Rea of Dorchester County who on the same day made return thereof and of his proceedings in the premises as follows. Maryland, Sct The State of Maryland, to William Rea of Dorchester County Greeting: Whereas William Griffith hath lately exhibited his bill of complaint before us, in our High Court of Chancery, against Eliza Graham and others defendants: And whereas we have by our writ lately commanded the said defendant to appear before us, in our said Chancery at a certain day to answer the said bill, but for as much as the said Eliza Graham, John E. Graham, George Graham and Mary Graham are infants under age and cannot answer the said bill, nor defend this suit without having a Guardian assigned in their behalf. Know yea therefore that we have given unto you full power and authority in pursuance of the special order in our said Court to assign and appoint a Guardian for the aforesaid infants and to take the answer of the said infants by such Guardian to the said bill, and therefore we command you, that at such certain day and place as you shall think fit, you go to the said defendants, if they cannot conveniently come to you, and assign and appoint a Guardian for the aforesaid infant and take the answer of the said infants, by such Guardian to the said bill on such Guardian’s corporal oath upon the Holy Evangely, to be administered by you, the answer being distinctly and plainly wrote and when you shall have so taken the answers, you are to send the same , closed up under your seal together with your certificate of your having assigned and appointed such guardian as aforesaid, and this writ unto us in our said Chancery: Witness the Honourable Theodorick Bland, Chancellor this 8 day of December Anno Domino 1834 SEAL Test, Ramsay Waters, Regleur lean I do hereby certify that pursuant to the powers vested in me by the above annexed commission, I have seen the infants therein named, and did on the third day of December 1834 assign and appoint John Newton Guardian for the said infants for the purpose of answering a bill of complaint filed against them by William Griffith and that I have taken the answer of the said infants by their said guardian on the corporal oath of the said Guardian which answer is annexed. Given under my hand and seal this third day of December 1834. William Rea SEAL The answer of Eliza Graham John E. Graham George Graham Mary Graham infants under the age of twenty 0ne by John Newton their Guardian to the bill of complaint of William Griffith against them and others filed in the high Court of Chancery: These defendants by their Guardian for answer say that they admit the truth and justness of the facts stated in the complainants bill of complaint and are willing for a decree to pass as prayed. __ Newton Dorchester County Maryland Personally appears the said John Newton Guardian before me the commissioner named in the annexed commission, and makes oath that the above answer, signed by him, is a true answer to the best of his knowledge and belief, sworn before me this third day of December 1834. William Rea And also on the same day the defendants Henry Bibby and Sarah his wife and Elizabeth Graham and Henry Bibby administrator of Edward Graham filed in the cause their answers in the words following: To the honorable Chancellor of Maryland The answer of Henry Bibby and Sarah his wife to the bill of complaint of William Griffith: These defendants admit the several allegations stated in the complaint bill to be true and are willing that the honorable Chancellor shall pass a decree as prayed. Nov. 6, 1834 Henry Bibby Sarah Bibby To the honorable Chancellor I am solicitor for the complainants in the above case and I am willing to receive the above answer without oath. Nov 1834 Henry Page To the honorable Chancellor of Maryland The answer of Elizabeth Graham and Henry Bibby administrators of Edward Graham to the bill of complaint of William Griffith: These defendants admit the several allegation stated in the said bill of complaint to be true, and are willing that the Honorable Chancellor shall pass a decree as prayed. Dec. 1834 Elizabeth Graham Henry Bibby To the Honorable Chancellor I am solicitor for the complainant in the above case and I am willing to receive the above answer without oath. Dec. 1834 Henry Page William Griffith V Elizabeth Graham and others And thereupon the Chancellor passed his Decree in the cause as follows: In Chancery December Term 1834 the said cause standing ready for hearing, and being submitted the bill answers exhibits and all other proceedings were by the Chancellor read and considered: It is therefore this fourth day of December in the year 1834 by Theodorick Bland, Chancellor, and by the authority of this Court, adjudged ordered and decreed that the Real Estate of which Edward Graham died seized be sold for the payment of his debt. That Henry Page be and he is hereby appointed trustee to make the sale and that the ____ ____ proceeding shall be as follows: He shall first file in the ___ ____ ___ ____ to the State of Maryland executed by himself and a Surety or Sureties approved by the chancellor in the penalty of five thousand dollars conditioned for the faithful performance of the trust reposed in him by this decree or to be reposed in him by any justice decree or order in the premises. He shall then proceed to make the sale, having first given three weeks notice inserted in such paper or papers as the Trustee shall deem proper of the time place, manner and terms of sale, which shall be one fourth cash on the day of sale: the balance to be paid in equal installments one half in six months and the remainder in twelve months from the day of sale with interest from the day of sale to be secured by bond to the trustee with security approved by him: And as soon as convenient after the sale, the trustee shall return to this Court a full and particular account of his proceedings relative to the Said sale, with an affidavit of the truth thereof and of the fairness of the sale and on obtaining the Chancellors ratification of the Sale, and on the payment of the whole purchase money, (and, not before) the trustee shall by a good deed, to be executed and acknowledged according to law, convey to the purchaser or purchasers, and his or their heirs, the property to him, herein them sold free, clear and discharged from all claims of the complainant or of the defendants and of those claiming by from or under them or either of them. And the trustee shall bring into Court the bonds taken on the said sale, together with the purchase money arising thereon, when received to be applied under the Chancellor’s direction, after deducting the costs of this suit and such commission the trustee as the Chancellor shall think proper to allow on consideration of the skill attention and fidelity wherewith he shall appear to have discharged his trust. And the trustee shall at the time of advertising the said sale, give notice to the creditors of the said Edward Graham to exhibit their claims in the Chancery office within six months from the day of sale, with the proper vouchers thereof. Theodorick Bland, Chr. And afterwards on the 3rd day of February 1835, the trustee appointed by said Decree filed in the cause a Report in the words following: To the Honourable Chancellor of Maryland: The Report of Henry Page, trustee for the sale of the real estate of Edward Graham respectfully represents that pursuant to the decree in the cause of William Griffith against Elizabeth Graham he filed in this Court his bond for the faithful discharge for the trust reposed in him. That after he had given three weeks notice, inserted in the Cambridge Chronicle of the time place, manner and terms of sale, he did, on the twenty third day of December in the year 1834, set up and expose to public sale the said property consisting of a tract of land lying in Dorchester Country containing ninety acres was sold to Henry Bibby for four hundred and fifty dollars, that the said sale was in all respects fair, and your trustee prays the usual order of ratification. Henry Page Trustee Maryland, Dorchester County Sct. On the 20th day of January in the year 1835 personally appears Henry Page, Trustee before me the Subscriber a Justice of the Peace for Dorchester County, and makes oath that the facts stated in the above annexed report are just and true to the best of his knowledge and belief. Sworn before me. John Newton Upon which Report the Chancellor ordered as follows: In Chancery 14th March 1835. Ordered. That the sale made and reported by Henry Page Trustee for the sale of the real Estate of Edward Graham be ratified and confirmed unless cause to the contrary be shown before the 14th day of May next. Provided a copy of this order be inserted once in each of three successive weeks in some paper published in Dorchester County before the 20th of April next. The report states the amount of sales to be $450.00 Theodorick Bland, Chr. And afterwards on the 19th day of August 1835 the said trustee filed in the cause certification in the words following: In Chancery 3rd February 1835. Ordered. That the sale made and reported by Henry Page, Trustee for sale of the Real Estate of Edward Graham, be ratified and confirmed unless cause to the contrary be shown before the 14th day of May next, provided a copy of this order be inserted once in each of three successive weeks in some paper published in Dorchester County before the 20th of April next. The report states the amount of sales to be $450.00 True copy Test. Ramsay Waters, Regleur___ Chronicle office, Cambridge July 2, 1835 I certify that the annexed advertisement was published in the Cambridge Chronicle, one in each of three successive weeks beginning the 21st of March 1835. P. McCallahan And therefore the Chancellor ordered further on the said Report of the Trustee as follows: In Chancery 18th September 1835 Ordered. That the sale within mentioned be absolutely ratified and confirmed - no cause having been shown to the contrary – altho notice hath been given according to the Rules of the Court. The Trustee is allowed for commission and also expenses Thirty seven dollars and twenty one cents. Theodorick Bland, Chr. And afterwards on the 30th day of September 1835, the Auditor of the Court Reported his proceedings in said cause as follows: William Griffith Vs. Elizabeth Graham and Henry Bibby and others In Chancery 29th September 1835. The Auditor Reports to the Honourable Chancellor that he has examined the proceedings in this cause and from them stated the claims filed against the Estate of Edward Graham, deceased, and also on account between the said Estate and Henry Page the Trustee for the sale thereof wherein the proceeds of sale are applied to the payment of the trustee allowance for commission and expenses, and the costs of suit and the balance proportionally distributed among all the claims against the Estate. He further reports that claims no. 5 and 6 are suits instituted against the administrators of the deceased which appear to have been discontinued and Judgments entered for defendants costs - The effect of these judgments the Auditor respectfully submits. A. Randall Auditor D. The Real Estate of Edward Graham, deceased, in account with Henry Page, Esquire, Trustee 1834 Dol Cts Dol Cts Dec. 23 To the Trustee for his commission and Expenses $37.21 To the Complainants for his costs viz: Registers fees due and charged to Trustee $8.21 Seals and Taxes $2.00 Costs on Executing Commission $4.00 Solicitors fee $10.00 Auditors fee $9.33 $33.54 To William Griffith as per statement claim No. 1 $80.48 $37.40 To Robert Griffith……………..ditto " No. 2 $80.48 $37.40 To John Griffith………………...."……." No. 3 $80.48 $37.40 To Joseph Griffith………………."……." No. 4 $80.48 $37.40 To Joseph Griffith adm of Levin Griffith"…." No. 5 $5.83 $2.70 To Sophia Griffith……………………..."…." No. 6 $5.83 $2.70 To George Graham Adm of Thomas Graham "…" No. 7 $482.62 $224.25 1834 $816.20 $450.00 Dec. 23 By amount of proceeds of sales per Trustees Report $450.00 Dec. The Estate of Edward Graham, deceased 1834 Dec 23 To William Griffith for the amount of a judgment obtained by the State of Maryland for his use against Elizabeth Graham and Henry Bibby Adm of Edward Graham deceased in Dorchester County Court on the 28th October 1834 as per complainants Bill and short copy of the Judgment filed marked Exhibit D. Claim No. 1 $50.46 Interest from 24th August 1827 7 Years, 3 Months, 29 Days $22.19 Costs of suit $7.83 $80.48 To Robert Griffith for the amount of a judgment obtained by the State of Maryland for his use against Elizabeth Graham and Henry Bibby Adm of Edward Graham deceased in Dorchester County Court on the 28th October 1834 as per short copy of the Judgment filed Claim No. 2 $50.46 Interest from 24th August 1827 7 Years, 3 Months, 29 Days $22.19 $7.83 $80.48 To John Griffith for the amount of a judgment obtained by the State of Maryland for his use against Elizabeth Graham and Henry Bibby Adm of Edward Graham deceased in Dorchester County Court on the 28th October 1834 as per short copy filed Claim No. 3 $50.46 Interest from 24th August 1827 7 Years, 3 Months, 29 Days $22.19 $7.83 $80.48 To Joseph Griffith for the amount of a judgment obtained by the State of Maryland for his use against Elizabeth Graham and Henry Bibby Adm of Edward Graham deceased in Dorchester County Court on the 28th October 1834 as per short copy filed Claim No. 4 $50.46 Interest from 24th August 1827 7 Years, 3 Months, 29 Days $22.19 $7.83 $80.48 To Joseph Griffith Adm of Levin Griffth for the amount of a judgment obtained by the State of Maryland use of Joseph Griffith adm (?) against Elizabeth Graham and Henry Bibby adm of Edward Graham deceased in Dorchester County Court on 28th October 1834 as per short copy filed Claim No. 5 $5.83 To Sophia Griffith for the costs on a judgment obtained by the State of Maryland use of said Sophia against Elizabeth Graham and Henry Bibby administrators of Edward Graham deceased in Dorchester County Court on 28th October 1834 as per short copy filed Claim No. 6 $5.83 To George Graham adm of Thomas Graham for the amount of deceased's (sayle?) Bill in favor of Thomas Graham dated 1st August 1816 as per Bill filed, Claim No. 7 $400.00 Int. from 1st Augt. 1816 1st May 1822 5 years, 9 months $138.00 $538.00 By cash per credit on Note $42.26 $495.74 Int. on $400. From 1st May 1822 to 2oth Aug 1823 1year, 3 months, 19 days $31.27 $527.18 By cash per credit on Note $140.00 $387.01 Int. on balance from 20th Augt 1823 to 23rd March 1826 2 yrs, 7 mts,3 days $60.18 $447.19 By cash then paid per credit on Note $10.00 $437.19 Int. on $387.01 from 23rd March 1826 to 17th July 1826 3 mts, 24 days $7.35 $444.54 By cash then paid per credit on Note $107.47 $337.17 Int. on balance from 17th July 1826 to 17th October 1828 2 yrs, 3 mts $45.50 $382.57 By cash then paid per credit on Note $10.00 $372.57 Int. on $337.07 from 17th October 1828 to 15th Oct. 1829 $20.11 $393.68 By cash then paid per credit on Note $16.00 $377.68 Int on $337.07 from 15th Oct. 1829 to 23rd Dec. 1834 5years,2 mts,8 days $104.94 $482.62 $816.20 Upon which audit the Chancellor ordered as follow: In Chancery 30th September 1835. Ordered, That the aforegoing Report of the Auditor be and the same is hereby ratified and confirmed, allowing the two small claims No. 5 and 6, and the Trustee is directed to apply the proceeds accordingly with a due proportion of interest that has herein or may be received. Theodorick Bland, Chr. And afterwards on the 24th day of March 1836 the said trustee filed in the cause his trust bond duly approved as follows: Know all men by these presents, that we Henry Page and William W. Laird of Dorchester County, in the State of Maryland, are held and firmly bound unto the State of Maryland in the full and just sum of five thousand dollars, current money to be paid to the said State or its ___ attorney - to which payment well and truly to be made and done we bind ourselves and each of us our heirs executors and administrators, firmly, by these presents, sealed with our seal and dated this twenty first day of March in the year 1836: Whereas, by a decree of the Court of Chancery passed at December term in the year 1836 in the cause of William Griffith against Elizabeth Graham and others the said Henry Page was appointed Trustee to make sale of the Real Estate in the proceedings mentioned: Now the condition of the above obligation is such that if the said Henry Page shall well and truly perform the Trust reposed in him by the said decrees or that may be reposed in him by any future decree in order in the premises, then the above obligation shall be void: else to remain in full force and effect in law. Signed, sealed and delivered in the presence of me as Justice of the Peace for Dorchester County, who certify the above bond is sufficient. J. Newton J. Newton SEAL Wm W. Laird SEAL Approved 24th March 1836 Theodorick Bland, Chr