87 Md. 450 | Md. | 1898
delivered the opinion of the Court.
This is an appeal from the Orphans’ Court of Baltimore County, and it brings up for review the propriety of an order refusing to transmit to the Circuit Court for trial a proposed issue of fact. Joseph Cox wrote with his own hand and then, on the thirteenth day of November, eighteen hundred and ninety-six, executed in due form, his last will and testament. On the fourteenth day of December following he died. The Safe Deposit and Trust Company of Baltimore was named in the will as the executor. On the twenty-second of December the executor propounded the paper for probate in the Orphans’ Court of Baltimore County—the testator in the will itself having declared that he was, at the time of its execution, a resident of that county, though he died in the city. The will was admitted to probate and letters testamentary were granted. Notice to creditors was at once given ; inventories were filed, and after the lapse of six months, the period fixed by the statute, a first and final administration account was stated on July the seventh, eighteen hundred and ninety-seven. In that account the executor was charged with the entire personal estate, and was allowed credit for the expenses and debts and pecuniary legacies, altogether aggregating thirty-seven thousand four hundred and forty-five dollars and
The single question thus presented is, whether, under the
It is undoubtedly true that the Orphans’ Courts are tribunals of special, limited jurisdiction. They have no powers other than those conferred by statute and such in addition as are incident to and necessary for the performance of the ones expressly given. But there’ can be no question that to them is committed exclusively the authority to admit wills to probate and to grant letters testamentary, and in cases of intestacy, letters of administration. This authority is, whilst exclusive, itself also limited. There are circumstances which restrict its exercise to prescribed localities. If the circumstances which give rise to the jurisdiction do not exist-in a particular case the authority to act does not arise. But who is primarily to determine whether those circumstances do exist? The Code fixes the place where a decedent’s will must be probated, by prescribing that it may be proved in the county wherein letters testamentary or of administration may be granted; and if such letters may be granted in Baltimore City, then probate may be had in the Orphans’ Court of the city. By sec. 14 of Art.. 93 of the Code it is enacted that in cases of intestacy letters of administration may be granted by the Orphans’ Court of the county wherein the deceased’s mansion house or residence was situated, or, if he had no mansion house or residence, then letters may be granted in the county where he died. It is apparent, then, if Cox had no mansion house or residence in Baltimore County, and if he died in Baltimore City, that the Orphans’ Court of Baltimore City alone had authority to admit his will to probate;
The issue raising the question of residence is purely a preliminary inquiry in no way involving the validity of the testator’s will, and in no way affecting the distribution of his estate. There is nó reason for requiring that administration shall be taken out in the county where the decedent had his residence other than because the statute so prescribes. In so prescribing it enacts that the place of residence shall be the place where administration of the estate shall be begun and completed. If, however, the Orphans’ Court, in the exercise of its jurisdiction to determine where that place of residence was, makes an erroneous decision which is not appealed from, and the executor, acting in reliance on that decision and in strict compliance with the statute, proceeds to finally settle the estate by paying the debts and legacies and by turning over the assets to the residuary legatee, there is no reason for thereafter reopening the question of residence and readjudicating it, unless it be merely to strike down all that had been done and to trans
The case of Emmert v. Stouffer, 64 Md. 550, so much relied on by the appellants, decides nothing at all in conflict with the views we have expressed in this opinion. That case arose in this way: Eliza Stouffer had, in her lifetime, executed a paper purporting to be a last will and testament. By it she devised to her executors, who were her two sons, all her real estate to be sold. The interest on one-half of the proceeds she gave to one son during his life, and at his death the principal was directed to be divided amongst his children. The interest on the other half she gave to the other son for life and at his death the fund was required to be distributed to his children. The executors produced this paper in the Orphans’ Court, and at the same time filed a petition asking for letters of administration and alleging that the will was invalid because of the want of mental capacity in the testatrix. The Orphans’ Court having heard evidence, decided that the paper was not the last will and testament of Eliza Stouffer and therefore granted letters of administration as in case of intestacy. Thereafter the two sons, as heirs at law, sold to Emmert the real estate which had been devised by the alleged will; but when the purchaser discovered the existence of the paper purporting to be a will, he declined to comply with the terms of the sale. The vendors then filed a bill for specific performance, and, upon appeal, this Court held that the purchaser was not obliged to take the property because the action of the Orphans’ Court in declaring against the validity of the will was void, and was void for the reason that the paper not
Since the argument of this case in this Court the appellants have filed a petition here alleging that no proof had been adduced before the Orphans’ Court as to the residence of Mr. Cox; and that no notice had been given under sec. 329 of the Code warning the near relations that the will
For the reasons we have assigned the order appealed from will be affirmed.
Order affirmed with costs above and below.