9 Gill 463 | Md. | 1851
delivered the opinion of this count.
The controversy here between the parties involves the right to the administration of an intestate’s estate. The- deceased left three sisters and one brother. The sisters, all except the appellee, were married, one of them being the wife of the appellant. The record shows, that it. was agreed at an interview between all the parties, that the appellee, as the eldest distributee, should administer the estate, the appellant be.ng at the time present and disclaiming all right or intention to apply for the administration. The whole estate of. the intestate
Upon this state of facts, upon petition of the appellee representing the violation by the appellant of the agreement entered into by the heirs, and the action of this appellant in the matter against the consent and wishes of the parties, (which is signified by their protest in the proceedings,) and insisting upon the incompatibility of confiding to the only debtor of the estate, the administration of the assets, the orphans court revoked the letters sued out by the appellant, and the administration was committed to the appellee. Prom this order thus revoking his administration, the appeal is taken to this court.
It is true, that the appellant in his answer insists that the estate is indebted to him. But when the record discloses that his claim is for the board of the deceased from the year 1828 to the period of her death, and that his note for a large sum of money in her favor is but of recent date, (the 15th of November 1848,) the case presents an aspect, which in the attitude both of debtor and creditor to the estate, renders it highly derogatory to sound principles of justice, that the adjustment should be committed to the party who stands in that relation to the other parties interested in the assets.
We must assume that, with a knowledge of this state' of things, the orphans court would have declined to confide this
DECREE AFFIRMED.