Bassett v. Miller
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington county. Assumpsit by the appellants against the appellee. The first and second counts in the declaration allege a contract between the plaintiff, Elizabeth, while sole and the widow of Mahlon Ely, deceased, that if she, being entitled to administer on the estate of her deceased husband, would relinquish her right and permit the defendant to administer, he would pay over to her all the net commissions except the sum of $100; that…
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Appeal from the Circuit Court for Washington county. Assumpsit by the appellants against the appellee. The first and second counts in the declaration allege a contract between the plaintiff, Elizabeth, while sole and the widow of Mahlon Ely, deceased, that if she, being entitled to administer on the estate of her deceased husband, would relinquish her right and permit the defendant to administer, he would pay over to her all the net commissions except the sum of $100; that she did relinquish and that Miller was appointed by the orphans court administrator, and the commissions allowed him were…
1Opinion of the CourtMason, J.
So far from the case of Owings vs. Owings, 1 Har. & Gill, 484, being an authority against the validity of the contract declared upon in this case, the court expressly refrain from deciding the point. The question upon which that action was ■defeated was not that the contract was not valid and binding, ■but that the plaintiff, who brought the suit, was not the proper party to maintain the action. It is true the court say in their opinion, “ it is not consistent with the policy of the law to encourage such transfers, as, in bad hands, the practice might lead to gross violations of trusts and…
2Cited by7 opinions
- Aughey v. WindremSupreme Court of Iowa · 1908
- Polk v. JohnsonIndiana Supreme Court · 1903
- Mott v. FowlerCourt of Appeals of Maryland · 1897
- Kelly v. ConroyCalifornia Court of Appeal · 1928
- Drake v. DrakeIndiana Court of Appeals · 1917
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