45 Md. 246 | Md. | 1876
delivered the opinion of the Court.
A motion to dismiss this appeal was filed by the appellees, but it was abandoned during the argument of the case.
The record shows that Mrs. Sophia Simmons was the mother of the appellant, (wife of George W. Pole,) and of all the appellees except the said George W. Pole, and that on the third day of March, 1866, she made a calculation of the sums of money given to her daughters by their aunts, and taking the amount received by Mrs. Worthington as the basis of the calculation, she executed the paper, contained in the record, and marked Exhibit No. 3, by
It was contended that the Orphans’ Court had not jurisdiction of this case, because in deciding the questions presented hy the petition and answers, it had to construe the language and legal effect of the paper executed hy Mrs. Simmons on the third of March, 1866, as well as the release of the same date executed hy her sons, also Mrs. Simmons’ will, and from them to decide what is an advancement; whether the sums of money given hy the Exhibit No. 3, were advancements or absolute gifts, and whether in any event, they were assets of Mrs. Simmons’ estate. And it was contended that these are questions which the Orphans’ Courts, under the limited jurisdiction conferred upon them hy the Code, have no power to decide. Section 230 of Article 93 of the Code confers full power on the Orphans’ Court to take probate of wills, grant letters testamentary and of administration, direct the conduct and settling of the accounts of executors and administrators, superintend the distribution of the estates of intestates, secure the rights of orphans and legatees, and to administer justice in all matters relative to the affairs of deceased persons. Under this section, we think it clear the Orphans’ Court had jurisdiction of the matter presented by the petition, for it would be impossible to superintend and make distribution of the estate without the authority to determine what was to be distributed; and this necessarily involves the questions as to what are assets, and, when there is a will, who are the legatees, and what is given to them by the will. Having jurisdiction of the subject-matter of the controversy, the Orphans’ Court has the right to hear and receive evidence in relation to it; and, if the evidence consists of written instru
Were the sums of money given by Mrs. Simmons to her children by the paper dated 3rd March, 1866, intended as advancements or were they absolute gifts ? The question of advancement can only arise in cases of total intestacy. Stewart and Wife vs. Pattison’s Ex’r, 8 Gill, 56; Sec. 126 of Art. 93 of the Code. The paper executed by Mrs. Simmons on 3rd of March, 1866, expressly declares, however, that the sums of money thereby given are
It was contended that inasmuch as the will of Mrs. Simmons directs, that all of her children who had received advancements, should he charged with interest upon them, from the time they were made up to the time of her death, so as to make all equal, a clear intention was manifested thereby that these gifts were to be regarded as advancements. We have shown that they were by the very terms
The Orphans’ Court was clearly right in dismissing the petition, and the order appealed, from will be affirmed;
Order affirmed.