Jack, etc., Trustee of v. Vass, Exr. of Philip E.: Chancery Cause, Halifax County (Part 1 of 2)
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reasonable, to be retained by the said Young, or other agent, trustee or commissioner as the case may be, for his compensation according to the provisions of the will and in fine, in all things to conform to the opinion of this court, delivered by Judge Thompson, settling the principles of the cause, and in matters of detail not embraced in the foregoing specific instructions to proceed according to a sound discretion and to the usages, practice and principles of a court of equity applicable to such a case. A refunding bond has not been required by the decree of this court, because of the character of the legacy and the legatees, and the admission of assets by the executor in his answer in 1843. Nevertheless a discretion is left to the Judge of the circuit court, if upon inquiry it shall seem to him necessary and proper for the security of the executor against debts of the testator which have appeared since the filing of his answer or which may hereafter appear and it shall not be waived by the executor, to require of the appellants a refunding bond or some bond of indemnity with sufficient security to be executed by them or someone for them, unless and until they shall entitle themselves to a dispensation from such requirement by proceeding to acquire the right to such dispensation according to the act of assembly in such case made and provided. Which is ordered to be certified to the said circuit court forthwith. A copy Teste. J. Allen, clk Applts costs in Court of Appeals $48.35 cts