Gunther v. State ex rel. Bouldin
Court of Appeals of Maryland
Appeal from the Orphans’ Court of Baltimore City. John "Watchman's will, dated 5th July, 1856, and admitted to probate October 12th, 1865, appointed his wife executrix; she renounced, and letters of administration c. t. a. were granted to James K. "Wilkes. The will contained the following clause: “ I give and bequeath to my adopted son, Robert Siggs, sometimes called John Watchman, two thousand dollars, should he attain the age of twenty-one years.”
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Appeal from the Orphans’ Court of Baltimore City. John "Watchman's will, dated 5th July, 1856, and admitted to probate October 12th, 1865, appointed his wife executrix; she renounced, and letters of administration c. t. a. were granted to James K. "Wilkes. The will contained the following clause: “ I give and bequeath to my adopted son, Robert Siggs, sometimes called John Watchman, two thousand dollars, should he attain the age of twenty-one years.” The next clause contained a similar legacy to another. Both of these legacies were made charges on his estate; and should the legatees die before…
1Opinion of the CourtMiller, J.
The Orphans’ Courts of the State have unquestioned jurisdiction to appoint guardians to minors, and when they have in any instance exercised this power, and the guardian has given bond, it does not lie in his mouth or in the. mouths of his sureties to deny that he is guardian, or to aver the ward had no property subject to guardianship, even if the having of. property be essential to the validity of the appointment. Fridge vs. The State, use of Kish, 3 G. & J., 114, is conclusive authority for this proposition. To this extent the sureties are clearly bound by the recital in the bond. But the…
2Cases cited5 opinions
- Fridge v. State ex rel. KirkCourt of Appeals of Maryland · 1830
- Strawbridge v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1859
- Chase v. M'DonaldCourt of Appeals of Maryland · 1826
- Parker v. GwynnCourt of Appeals of Maryland · 1853
- Rieman v. PetersCourt of Appeals of Maryland · 1852
3Cited by10 opinions
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- Smith v. MichaelCourt of Appeals of Maryland · 1910
- Hindman v. State ex rel. ToshCourt of Appeals of Maryland · 1884
- Siechrist v. BoseCourt of Appeals of Maryland · 1898
- Knight v. Princess Builders, Inc.Court of Special Appeals of Maryland · 2005
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