Legal Opinion

Nicholls v. Hodge's

U.S. Circuit Court for the District of District of Columbia

Decided June 1, 1825PublishedCited by 1 opinion

This was an appeal from the Orphans’ Court. Nicholls and others, creditors of Thomas C. Hodges, deceased, filed a petition to the judge of the Orphans’ Court of this county on the 24th of September, 1823, stating that the estate of the deceased is insolvent; that the allowance, made by the judge to the executor, on settlement of his account of administration on the 26th of October, 1822, of a commission of ten per cent, on the amount of debts paid ($21,765.83) equal to…

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This was an appeal from the Orphans’ Court. Nicholls and others, creditors of Thomas C. Hodges, deceased, filed a petition to the judge of the Orphans’ Court of this county on the 24th of September, 1823, stating that the estate of the deceased is insolvent; that the allowance, made by the judge to the executor, on settlement of his account of administration on the 26th of October, 1822, of a commission of ten per cent, on the amount of debts paid ($21,765.83) equal to $2,176.58, is more than a just compensation for his services in settling the estate, and praying a rehearing, as they had no…

1Opinion of the Court

Cbanch, C. J.,

delivered the following opinion,

(Theuston, J., concurring in the result of it, but Moesell, J., dissenting.)

The first question which occurred to me upon the opening of this cause was, whether the Orphans’ Court had jurisdiction between the executor and the creditors; and whether the creditors had any right to intervene in the cause and pray a rehearing of an order made upon the settlement of the executor’s account. They were no parties to that settlement, and are not bound thereby. Beatty v. State of Maryland, 7 Cranch, 281. But upon further consideration I am inclined to think…

2Cases cited1 opinion

  1. Beatty v. The State of MarylandSupreme Court of the United States · 1812

3Cited by1 opinion

  1. Mercer v. HoganDistrict of Columbia Court of Appeals · 1883

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