Legal Opinion

Levy v. Levy

Court of Appeals of Maryland

Decided December 20, 1867PublishedCited by 9 opinions

Appeal from the Orphans’ Court of Baltimore City. This appeal is taken from the action of the Orphans’ Court of Baltimore city in passing certain orders in the matter of the estate of Joseph M. Levy, deceased.

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Appeal from the Orphans’ Court of Baltimore City. This appeal is taken from the action of the Orphans’ Court of Baltimore city in passing certain orders in the matter of the estate of Joseph M. Levy, deceased. On the 29th October, 1866, a paper-writing purporting to be tbe last will and testament of Joseph M. Levy was filed in the Orphans’ Court of Baltimore city, and shortly thereafter was duly admitted to probate, and on the 5th November, 1866, Robert A. McAllister, who had been appointed executor in said will, refused to act as such and filed a renunciation, and letters of administration,…

1Opinion of the CourtGrason, J.

This is an appeal from two orders, passed by the Orphans’ Coiirt of Baltimore city, on the 12th day of June, 1867; the one for payment of costs by the appellees, and the other requiring the appellants to ansvur a petition, filed in said Orphans’ Court by the appellees, on the 11th day of May, in the year 1867.

By the 250th section of the 93d Art. of the Code, the Orphans’ Comt is vested -with discretionary power to award costs and enforce their payment; and this Court has decided that a Court of law, to which issues are sent by the Orphans’ Court, cannot enter judgment for costs, but that the…

2Cases cited5 opinions

  1. Cecil v. CecilCourt of Appeals of Maryland · 1862
  2. Pegg v. WarfordCourt of Appeals of Maryland · 1853
  3. Price v. TaylorCourt of Appeals of Maryland · 1864
  4. Owings v. StateCourt of Appeals of Maryland · 1864
  5. Price v. MooreCourt of Appeals of Maryland · 1864

3Cited by9 opinions

  1. Johns v. HodgesCourt of Appeals of Maryland · 1883
  2. White v. BrambleCourt of Appeals of Maryland · 1914
  3. Home for the Aged of the Methodist Episcopal Church v. BantzCourt of Appeals of Maryland · 1907
  4. Bowers v. CookCourt of Appeals of Maryland · 1918
  5. French v. Washington County Home for Orphan & Friendless ChildrenCourt of Appeals of Maryland · 1911

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