Legal Opinion

Mitchell v. Mitchell

High Court of Chancery of Maryland

Decided March 15, 1852PublishedCited by 1 opinion

[The hill in this case was filed on the 21st of April, 1846, by Sarah E. Mitchell, who claimed to be a creditor of the cst?Je of James D. Mitchell, deceased, by reason of the devise contained in the will of Francis J. Mitchell, quoted in the opinion of the Chancellor, and of the facts charged in the bill, all of which are fully stated in said opinion. The bill asks that the said claim of the complainant he paid out of the personal estate of the said James D. Mitchell.

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[The hill in this case was filed on the 21st of April, 1846, by Sarah E. Mitchell, who claimed to be a creditor of the cst?Je of James D. Mitchell, deceased, by reason of the devise contained in the will of Francis J. Mitchell, quoted in the opinion of the Chancellor, and of the facts charged in the bill, all of which are fully stated in said opinion. The bill asks that the said claim of the complainant he paid out of the personal estate of the said James D. Mitchell. It also charges that the complainant is one of the distributees of said estate, calls upon the defendant to account in this…

1Opinion of the Court

The Chancellor :

This case comes now before the Court upon the order of the 12th of July last, passed upon the exceptions of the complainant to the defendant’s answer; and arguments have been submitted by the solicitors of the parties. These, together with the pleadings and exceptions, have been read and considered.

Though, as in the case of Owens vs. Collinson, 3 Gill & Johns., 25, an administrator may, when called upon to account to the Court of Chancery, exhibit with his answer, and explain not only the accounts passed in the Orphans’ Court, but the vouchers for the credits therein allowed…

2Cases cited4 opinions

  1. Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
  2. Mitchell v. MitchellCourt of Appeals of Maryland · 1844
  3. Stevens v. GreggCourt of Appeals of Maryland · 1838
  4. West v. BiscoeCourt of Appeals of Maryland · 1825

3Cited by1 opinion

  1. Estate of Lannon, Superior Court of California, County of San Francisco1897

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