Gavin v. Carling
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. John Gavin died in 1861, leaving a widow and four •children, Michael, Mary, Margaret and John. In 1864, the widow, Mary Gavin, was appointed by the Orphans’ ■Court of Baltimore City, administratrix of the estate of her deceased husband, and on the 16th July, 1869, she passed an account, taking to herself the whole of the leasehold property and personal chattels of the deceased, at its appraised value.
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Appeal from the Circuit Court of Baltimore City. John Gavin died in 1861, leaving a widow and four •children, Michael, Mary, Margaret and John. In 1864, the widow, Mary Gavin, was appointed by the Orphans’ ■Court of Baltimore City, administratrix of the estate of her deceased husband, and on the 16th July, 1869, she passed an account, taking to herself the whole of the leasehold property and personal chattels of the deceased, at its appraised value. The children were then all under •age. In 1864, Mary Gavin had intermarried with John McNulty, and on the 20th December, 1875, they executed a…
1Opinion of the Court
Alvey J.,
delivered the opinion of the Court.
That Mrs. McNulty, as administratrix of her former husband, John Gavin, deceased, had no right or power to appropriate the personal estate of the decedent to her own use, at the appraised value thereof, and thus make the property her own, to indemnify herself for money advanced to pay the debts and expenses of the estate, is entirely clear, upon what has been decided by this Court upon more than one occasion. Hall vs. Griffith, 2 H. & J., 483; Haslett’s Adm’r vs. Glenn, 7 H. & J., 17. Nor had the Orphans’ Court the power to authorize such…
2Cases cited4 opinions
- Scott v. FoxCourt of Appeals of Maryland · 1859
- In re the Estate of StrattonCourt of Appeals of Maryland · 1877
- Haslett's Adm'r. v. GlennCourt of Appeals of Maryland · 1825
- Hall v. GriffithCourt of Appeals of Maryland · 1806
3Cited by15 opinions
- Hogan v. McMahonCourt of Appeals of Maryland · 1911
- Hayman, Adm'r v. MessickCourt of Appeals of Maryland · 1969
- Hoffman v. HoffmanCourt of Appeals of Maryland · 1898
- Malkus v. RichardsonCourt of Appeals of Maryland · 1914
- Radcliff v. VanceCourt of Appeals of Maryland · 2000
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