Edes v. Garey
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The nature of the hill in this case is sufficiently stated in the opinion of the Court; see also, the cases of Pairo vs. Vickery, 37 Md., 467, and Carson vs. Phelps, Trustee, 40 Md., 73. The defendants demurred, 1st, Generally; 2nd, To the jurisdiction; 3rd, For want of proper parties; and also made answer to such part of the hill as alleges as follows: “Of all which premises the defendants have personal knowledge, having been…
Read the full summary
Appeal from the Circuit Court of Baltimore City. The nature of the hill in this case is sufficiently stated in the opinion of the Court; see also, the cases of Pairo vs. Vickery, 37 Md., 467, and Carson vs. Phelps, Trustee, 40 Md., 73. The defendants demurred, 1st, Generally; 2nd, To the jurisdiction; 3rd, For want of proper parties; and also made answer to such part of the hill as alleges as follows: “Of all which premises the defendants have personal knowledge, having been of counsel for said Carson, and especially advising him relative to the transactions, deeds, mortgages, accounts and…
1Opinion of the CourtRobinson, J.
This is a bill in equity by residuary legatees, to enforce the personal liability of sureties on a testamentary bond for a devastavit, alleged to have been committed by an executor.
Such a proceeding it must be admitted, is under our practice an unusual one, for although an executor strictly speaking, may be considered as a trustee, and as such, may be held accountable in a Court of equity for the proper administration of the trust, yet it is clear the sureties maintain no such, relation. On the contrary, their obligation being one of contract, the remedy for a breach of it must as a general…
2Cases cited3 opinions
- Knight v. BrawnerCourt of Appeals of Maryland · 1859
- Boteler v. BrookesCourt of Appeals of Maryland · 1835
- Clary v. GrimesCourt of Appeals of Maryland · 1841
3Cited by16 opinions
- Eagan v. CalhounCourt of Appeals of Maryland · 1997
- Scanlon v. WalsheCourt of Appeals of Maryland · 1895
- People's Counsel v. MangioneCourt of Special Appeals of Maryland · 1991
- Bolton Mines Co. v. StokesCourt of Appeals of Maryland · 1895
- Walker v. Acting DirectorCourt of Appeals of Maryland · 1979
11 more not listed; retrieve them via the Exa API.