Parker v. Gwynn
Court of Appeals of Maryland
Appeal from Ihe Orphans Court of Prince Georges county. This is an appeal from the order of the court below rejecting the application of the appellants for a commission of five per cent., as administrators upon the estates of Raphael C. Edeien, Sen., and Sarah A. Edelen, and allowing them but three per cení.
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Appeal from Ihe Orphans Court of Prince Georges county. This is an appeal from the order of the court below rejecting the application of the appellants for a commission of five per cent., as administrators upon the estates of Raphael C. Edeien, Sen., and Sarah A. Edelen, and allowing them but three per cení. The facts are as follows: Raphael C. Edelen, Sen., died in May 1851, leaving a will, of which he made his wife, Sarah A. Edelen, executrix, who died in September 1851, never having administered upon his estate, and also leaving a will appointing her son, Raphael C. Edelen, Jr., her…
1Opinion of the CourtLe Grand, C. J.
This case, in our opinion, is not such an one as1 authorised the orphans court to fix the commissions of the administrators al a per centage less than the minimum established by the act of 1798, chapter 101, sub-chapter 10, section 2. The allowance of five per cent, which was made to the appellants, was not to them in their own right, but in that of the estate of Raphael C. Edelen, Jr., who was entitled to it as administrator for the partial administration of the estate of his father, R. C. Edelen, Sen. Their claim is founded on the complete administration of the estates of 3!. C. Edelen,…
2Cases cited1 opinion
- McPherson's Adm'rs v. IsraelCourt of Appeals of Maryland · 1832
3Cited by4 opinions
- Glenn v. ReidCourt of Appeals of Maryland · 1891
- Gunther v. State ex rel. BouldinCourt of Appeals of Maryland · 1869
- Cecil v. HarringtonCourt of Appeals of Maryland · 1862
- Knight v. Princess Builders, Inc.Court of Appeals of Maryland · 2006