Ohlendorf v. Kanne
Court of Appeals of Maryland
Appeal from the Baltimore City Court. Christian Ohlendorf, by his- last will appointed the appellant, his son, and the appellee, his son-in-law-, his executors. The appellee renounced his right to letters testamentary in due form, and the same were granted to the appellant alone, who gave bond, with the appellee and William Weikel as sureties.
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Appeal from the Baltimore City Court. Christian Ohlendorf, by his- last will appointed the appellant, his son, and the appellee, his son-in-law-, his executors. The appellee renounced his right to letters testamentary in due form, and the same were granted to the appellant alone, who gave bond, with the appellee and William Weikel as sureties. On the application of the appellant, the Circuit Court of Baltimore City assumed jurisdiction over the estate of Christian Ohlendorf, deceased, and appointed the appellant, as executor under the will of said deceased, to sell certain property. The…
1Opinion of the CourtRobinson, J.
The main question in this case, is whether an agreement whereby one joint executor renounces his right to letters testamentary in favor of his co-executor, in consideration of being paid onerhalf commissions, is a valid agreement ?
The appellee was unquestionably entitled, as joint executor, to letters testamentary, and upon the' settlement of *499the estate he would have beeu entitled to one-lialf of the ■commissions. If he renounced this right in pursuance of an agreement with his co-executor whereby he was to receive one-half of the commissions, such renunciation is a ■sufficient consideration…
2Cases cited2 opinions
- Wilderman v. Mayor of BaltimoreCourt of Appeals of Maryland · 1855
- Folck v. SmithCourt of Appeals of Maryland · 1859
3Cited by10 opinions
- Sullivan v. SmithCourt of Appeals of Maryland · 1914
- Morris v. ChristopherCourt of Appeals of Maryland · 1969
- Eidelman v. Walker & Dunlop, Inc.Court of Appeals of Maryland · 1972
- Riddleberger v. GoellerCourt of Appeals of Maryland · 1971
- Barabasz v. KabatCourt of Appeals of Maryland · 1897
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