Gephart v. Strong
Court of Appeals of Maryland
Appeal from the Orphans’ Court of Allegany County : This is an appeal from an order of the Orphans’ Court of Allegany County, requiring the appellants to return to said Court “an additional inventory charging themselves with the sum of sixty-four dollars, in addition to the sums with which they had already charged themselves, and that distribution be made of the said sum among the persons entitled thereto, and that the executors pay the costs of the petition.” * This sum of…
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Appeal from the Orphans’ Court of Allegany County : This is an appeal from an order of the Orphans’ Court of Allegany County, requiring the appellants to return to said Court “an additional inventory charging themselves with the sum of sixty-four dollars, in addition to the sums with which they had already charged themselves, and that distribution be made of the said sum among the persons entitled thereto, and that the executors pay the costs of the petition.” * This sum of sixty-four dollars was the amount of the premium received by said executors, for sixteen hundred dollars in gold coin…
1Opinion of the Court
Bowie, C. -X.,
delivered tbe opinion of this Court:
A preliminary question occurs in this case, on the motion to dismiss the appeal, which is founded on two reasons; first, that the matter is too small in amount to be entertained by an appellate tribunal; second, because the order appealed from was passed on a summary proceeding, and on testimony of the witnesses, and the appellants did not give notice of their intention to appeal, and request the testimony to be reduced to writing as required by Article 5, sec. 40, of the Code. In support of which latter position, Cecil vs. Harrington, 18 Md.…
2Cases cited1 opinion
- Cecil v. HarringtonCourt of Appeals of Maryland · 1862
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