Ing v. Baltimore Ass'n
Court of Appeals of Maryland
Appeal from the Orphans’ Court for Baltimore City : The facts of this case arc fully stated, ia the opinion of the Court; The appellant submits there was an apparent reason for the appellant retaining in Ms hands, the apparent balance stated in the second account to be due the estate; he had to do so to meet the claim of Mrs. Coulson; clearly the executor could not pay it to the appellee.
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Appeal from the Orphans’ Court for Baltimore City : The facts of this case arc fully stated, ia the opinion of the Court; The appellant submits there was an apparent reason for the appellant retaining in Ms hands, the apparent balance stated in the second account to be due the estate; he had to do so to meet the claim of Mrs. Coulson; clearly the executor could not pay it to the appellee. The appellant submits, that upon the appellee rests the burden of proof, that the executor received interest or made use of the money for Ms own profit or advantage. Upon the hearing of the appellee’s…
1Opinion of the CourtBowie, C. J.
Rebecca Montoilh, late of the City of Baltimore, on the 7th April 1858, made her last will and testament, bequeathing, after the payment of her just debts, (of which she declared she did not then owe any,) certain small pecuniary legacies, and further devising as follows:
“I am desirous of disposing of such worldly effects as I may die seized or possessed of, so that the poor may bo benefited thereby, and with that view, I do direct my executor hereinafter named, immediately after my death, to sell my property, and to sell at such time as in his judgment the most can be realized therefor, and…
2Cases cited4 opinions
- Chase v. LockermanCourt of Appeals of Maryland · 1840
- Gwynn v. DorseyCourt of Appeals of Maryland · 1832
- Mickle v. CrossCourt of Appeals of Maryland · 1856
- Thomas v. Visitors of Frederick County SchoolCourt of Appeals of Maryland · 1837
3Cited by4 opinions
- American Jewish Joint Distribution Committee v. EisenbergCourt of Appeals of Maryland · 1949
- Cook v. AronheimCourt of Appeals of Maryland · 1946
- Almy v. Probate Court of NewportSupreme Court of Rhode Island · 1894
- Solis v. SchuenemanCourt of Special Appeals of Maryland · 1996