State v. Hart
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action upon the testamentary bond of Samuel Hart, late executor of Arthur McCourt, brought by the administrator d. 5. n. c. t. a. of McCourt against the executrix of Hart, for the recovery of a sum of money, alleged to have been collected by him as executor of McCourt, but not accounted for or distributed. McCourt died the 1st July, 1857, and Hart qualified as executor-on the 7th of the same month.
Read the full summary
Appeal from the Court of Common Pleas. This was an action upon the testamentary bond of Samuel Hart, late executor of Arthur McCourt, brought by the administrator d. 5. n. c. t. a. of McCourt against the executrix of Hart, for the recovery of a sum of money, alleged to have been collected by him as executor of McCourt, but not accounted for or distributed. McCourt died the 1st July, 1857, and Hart qualified as executor-on the 7th of the same month. Hart died January 1st, 1879. The appellant having been appointed administrator d: b. n. c. t. a. of McCourt, qualified as such in May, 1879, and…
1Opinion of the CourtRitchie, J.
This appeal is from the decision of the Court below, sustaining the demurrer to plaintiff’s declaration.
The appellant, the plaintiff below, claims in his narr. that, as administrator d. b. n. of Arthur McCourt, he is entitled to recover the sum of $3500, of the executrix of Samuel Hart, deceased, the former executor of said McCourt, because the said Hart as such executor, had collected that amount of money, which neither he in his lifetime had accounted for or distributed, nor his said executrix, although requested so to do, had since paid over to the plaintiff.
The only questions to be…
2Cases cited3 opinions
- Scott v. StateCourt of Appeals of Maryland · 1852
- Lemmon v. HallCourt of Appeals of Maryland · 1863
- West v. ChappellCourt of Appeals of Maryland · 1847
3Cited by1 opinion
- Fuhrman v. FuhrmanCourt of Appeals of Maryland · 1911