Legal Opinion

Yingling v. Hesson

Court of Appeals of Maryland

Decided June 13, 1860PublishedCited by 6 opinions

Appeal from the Orphans Court of Carroll County. This appeal is from two orders of the court below, passed in reference to the sending of issues to a court of law, in regard to a claim presented by the appellee against the estate of Peter Hesson, his testator.

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Appeal from the Orphans Court of Carroll County. This appeal is from two orders of the court below, passed in reference to the sending of issues to a court of law, in regard to a claim presented by the appellee against the estate of Peter Hesson, his testator. The issues tendered by the appellants, who were petitioners in the court below, and resisting the allowance of the claim, were: 1st. Whether or not the sum of $5050, or any part thereof, was legally due and owing by the said Peter Hesson, at the time of his death, to the said Isaac Hesson. 2nd. Whether or not the said Isaac Hesson, one…

1Opinion of the CourtTuck, J.

This record shows that Isaac Hesson, one of the executors of Peter Hesson, presented a claim against his testator, which was objected to by Joseph Hesson, his co-executor. The orphans court allowed it as a credit in Isaac Hesson’s account as executor, and on appeal this court reversed the order of the orphans court for want of proof of the claim. See 14 Md. Rep., 8. When the record was remanded the present appellants, being some of the legatees, filed their petition objecting to the claim, on the ground that it was not due and owing, that it was false, stale and spurious, and barred by ■ the…

2Cases cited5 opinions

  1. Townshend v. TownshendCourt of Appeals of Maryland · 1848
  2. State ex rel. Stevenson v. ReigartCourt of Appeals of Maryland · 1843
  3. Warford v. ColvinCourt of Appeals of Maryland · 1859
  4. Hesson v. HessonCourt of Appeals of Maryland · 1859
  5. Kearney v. GoughCourt of Appeals of Maryland · 1833

3Cited by6 opinions

  1. American Ice Co. v. FitzhughCourt of Appeals of Maryland · 1916
  2. Fowler v. BradyCourt of Appeals of Maryland · 1909
  3. Dronenburg v. HarrisCourt of Appeals of Maryland · 1908
  4. Talbert v. ReevesCourt of Appeals of Maryland · 2001
  5. Perkins v. BergerCourt of Appeals for the D.C. Circuit · 1944

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