Townshend v. Brooke
Court of Appeals of Maryland
Appeal from the oiphans court of Prince George’s county. The appeal in this case was taken from an order of the orphan’s court of Prince George’s county, of the 15th of November, 1849, directing Jeremiah Townshend, one of the appellants, as Administrator ad colligendum of the estate of John Townshend, deceased, to pay to the appellee, one of the executors named in the last will and testament of the deceased, a sum of money for payment of fees to counsel for the trial of…
Read the full summary
Appeal from the oiphans court of Prince George’s county. The appeal in this case was taken from an order of the orphan’s court of Prince George’s county, of the 15th of November, 1849, directing Jeremiah Townshend, one of the appellants, as Administrator ad colligendum of the estate of John Townshend, deceased, to pay to the appellee, one of the executors named in the last will and testament of the deceased, a sum of money for payment of fees to counsel for the trial of certain issues framed in a caveat, against the admission of said will to probate. The only question raised by the record,…
1Opinion of the CourtMartin, J.
By the 20th section of the 15th sub-chapter of the testimentary system of 1798, ch. 101, the orphans courts of this State are inhibited from the exercise of any power or jurisdiction, not expressly given by legislative enactment. They are tribunals confessedly special, and limited in their jurisdiction, without any constructive or incidental power, and were so treated and considered by the Court of Appeals in the case of Scott vs. Burch, 6 Har. and John., 67, and Brodess vs. Thompson, 2 Har. and Gill, 126. In the last case, the court said:
t£ The orphans courts derive their powers mostly from…
2Cases cited1 opinion
- Compton v. BarnesCourt of Appeals of Maryland · 1846
3Cited by14 opinions
- Dalrymple v. GambleCourt of Appeals of Maryland · 1887
- Miller v. GehrCourt of Appeals of Maryland · 1900
- Mead v. TydingsCourt of Appeals of Maryland · 1919
- Koenig v. WardCourt of Appeals of Maryland · 1906
- Parker v. LeightonCourt of Appeals of Maryland · 1917
9 more not listed; retrieve them via the Exa API.