84 Md. 273 | Md. | 1896
delivered the opinion of the Court.
This suit was brought against the administrators of J. Thomas Bradford by Joseph M. Street, who is described in the pleadings as “Trustee of Henry H. Bradford,” to re-.
The defendants, in addition to other pleas, filed three special pleas, numbered IV, V and VI. The fourth arid fifth allege that Henry H. Bradford filed in the Orphans’ Court of Harford County the cláim sued on, that it was passed by that Court as a valid and subsisting claim against the estate of J. Thomas Bradford, that afterwards the said Henry H. Bradford, whilst he still had title to it, exhibited said claim to defendants, who disputed and rejected it and that neither Bradford nor the plaintiff, as his trustee, commenced' suit for the recovery of the claim within nine months after such dispute and rejection. The sixth set up the same defence, but alleged that the claim was authenti'cated by the affidavit of Henry H. Bradford, etc. The Orphans’ Court of Harford County did pass the claim as alleged in the pleas, and there was evidence tending to show that shortly afterwards George W. Bradford, one of the defendants, told Henry H. Bradford that he would never pay the claim unless he was made to pay it, as it had already been settled. This refusal to pay the claim was repeated on several occasions.
It is contended, however, on the part of the appellee, that the claim was not exhibited to the defendants as required by the statute, and that although it was passed by the Orphans’ Court, the claim itself as thus passed must be presented to the administrators before there can be said to be such a dispute or refusal to pay as will require suit to be brought within nine months. Section 107 of Art. 93 provides that “ If a claim be exhibited against an administrator, which he shall think it his duty to dispute or reject, he
The question then is what is the meaning of the phrase “ if a claim be exhibited against an administrator,” as used in that section ? It cannot mean, as contended by the appellee, that there must be a physical exhibition of the particular account, note, bond or other claim that was before the Orphans’ Court. Such a construction would defeat the manifest object of the law. After a claim is passed by the Orphans’ Court, an administrator cannot ignore it, unless he chooses to assume the risk of paying it himself. The object of the law should be, and is, to have as speedy settlements of estates of deceased persons as practicable. If the construction of the appellee be correct, one claiming to be a creditor could prevent the settlement of an estate for years by simply having his claim passed by the Orphans’ Court and then refusing to present it to the administrator. If it is under seal the administrator might not be safe in distributing the money for twelve years, or even more, as the alleged debt might have matured after the death of the decedent. That might compel the administrator either to pay in whole or part a claim he believed to be his duty to dispute, or else delay the settlement until he was certain the claim was barred by the Statute of Limitations. The creditor cannot be injured, for he can sue at any time within nine months after the claim is disputed or rejected, and when he knows that suit must be brought to determine the question he would ordinarily sue at once, if at all, if his claim is an honest one. There is therefore no reason for assuming that the Legislature intended to give to the language used such a meaning as that contended for by the appellee.
But an examination of other sections of our testamentary
We are of the opinion, therefore, that it was not necessary to actually present the account, after it had been passed by the Orphans’ Court; and if the jury believed that payment was demanded by the owner of the claim and refused by the defendants, or one of them, it was barred, unless suit for its recovery was commenced within nine months after its rejection. There is nothing in any of the decisions of this Court in conflict with that conclusion. The case of Coburn's Administrator v. Harris, 53 Md. 367, relied on by the appellee, differs widely from this. The report of that case states that “it appeared from the evidence in the case that the claim in question had not been sworn to by the creditor and his clerk, nor had it been passed by the Orphans’ Court when it was presented to the administrators and disputed by them,” etc. It is true that the prayer sustained in that case read that “unless the claim after being authenticated by the oath of the plaintiff, or after being passed by the Orphans’ Court, was presented to the administrators for payment * * * * and was disputed or rejected by said administrators, and the plaintiff failed to bring suit to recover on said claim within nine months after
Without dwelling on the demurrer to the declaration it is sufficient to refer to what we have said above concerning the failure to allege how the plaintiff was appointed trustee and as such became owner of the claim sued on. This should be stated in the narr. It may be that the plaintiff is trustee of Henry H. Bradford, but whether he can sue and recover from the defendants “ for money payable by the said J. Thomas Bradford in his lifetime to the said Henry H. .Bradford,” depends upon the circumstances under which he was appointed and the powers with which he was vested. As the case must be reversed for the reason already given, the declaration can be corrected, if the case is tried again.
Judgment reversed and new trial awarded, with costs to appellants.