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12 Md. 253

Lee v. Price

Court of Appeals of Maryland

Decided July 20, 1858

Court of Appeals of Maryland · decided 1858-07-20

The bill in this case, filed by the appellants against the appellees, alleges that Mrs. Lee is the niece and one of the heirs at law and next of kin of Charcilla C. D. Gwings, who, as the complainants believe, died intestate, though a paper purporting to be her will, has been offered for probate by the defendant, Price, to the orphans court for Baltimore city, and having been caveated, is now the subject of inquiry as to its validity on issues sent from that court to the…

Cited by 2 later decisions — most recently April 1915

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-20

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Tuck, J.,

¶1delivered the opinion of this court.

¶2The bill of complaint does not state a case authorizing a court of equity to interfere with the appellee, Price, or with the funds in his hands, belonging to the estate, in the manner proposed by the complainants. He must be treated as administrator pendente lite, appointed by a court of competent jurisdiction, and responsible to that tribunal so long as he holds the letters of administration. Raborg vs. Hammond, 2 H. & G., 42. Alexander vs. Stewart, 8 G. & J., 226. The powers of the orphans courts, under the acts of Assembly, are adequate to the protection of the interests of those concerned in the faithful performance of the duties of the appellee, as administrator, whilst his official bond affords indemnity for any loss that may occur. If the bond be insufficient, another may be required. We have decided the case upon the bill, without, reference to the circumstance that the answer denies the allegations that the funds of the estate have been, or will be, wasted or misapplied by the administrator. See the act of 1831, ch. 315.

¶3Order affirmed.

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