87 Md. 43 | Md. | 1898
delivered the opinion of the Court.
This appeal is taken from an order of the Orphans’ Court of Baltimore City dismissing the petition of the appellant. The facts are that Isaac D. Jones died intestate in the early part of July, 1893, leaving surviving him a widow, Mary K. Jones, and an only child, Georgia G. Jones, who is the appellee in this case. Letters of administration were on the 19th of July, 1893, granted by said Court to the widow and daughter of said intestate. The widow survived the ’ intestate a short while, dying in the month of December, 1893, up to which time no inventory had been filed and but little progress made in the administration of the estate. After the death of the widow the appellee filed an inventory of the personal estate and passed two accounts of her administration in the Orphans’ Court, the first on the 19th of July, 1894, the second on the 19th of July, 1895, on each of which she was allowed full commissions. On the passage of these two accounts, almost the entire estate was accounted for and settled, except a small sum which was retained'to meet the expenses of certain litigation (not exceeding two hundred dollars). It was not until the expiration of nearly a year and a half after the passage of the second account by the appellee in the Court below, that the appellant, as administrator of the said Mary K. Jones, deceased, filed his petition in the Court below praying that said two accounts might be reopened and the appellant be permitted to receive the one-half of the commissions allowed to the appellee in the first and second accounts settled by her as surviving administratrix of the said Isaac D.
The first question on this appeal which we shall corisider is whether after the lapse of seventeen months from the date of the passage of the second administration account, the Court below would be justified in reopening and restating the first and second accounts, which the appellee has settled therein. This Court has undoubtedly held that, “so long as an estate is open (which means not finally closed and settled), the accounts of the executor and administrator in the Orphans’ Court are subject to revision and correction as to any matter discovered to be in error.” Edelin v. Edelin, 11 Md. 415; Stratton’s case, 46 Md. 515; Bantz v. Bantz, 52 Md. 689-90. And it has just as unquestionably been held that the burden is upon the appellant to establish the fact that such error does exist, and that the account is unjust, false or fraudulent, or that some item thereof was improperly allowed. Shafer v. Shafer et al., 85 Md. 554. The only contention on this appeal is, that in the first and second accounts as stated by the appellee there has been no allowance of commissions to the said Mary K. Jones, now deceased, who was in her lifetime the co-administratrix with the appellee of the said intestate. It is not contended that the appellee, by any act of hers, has stated and passed an unjust account of her administration. She did not fix the amount of the commissions, which is the sole contention here; that duty devolved upon the Court alone. The petition seeks to have the Court, long after the time when an appeal would lie, reconsider its action in fixing the commissions and reopen the accounts. Resting as this contention does upon an alleged error of the Court itself and not of the appellee,this Court does not feel itself justified in reopening these accounts after the time limited for appeals in such cases has
For the reasons stated, we affirm the order of the Court below dismissing the petition with costs.
Order affirmed with costs.