Alexander v. Stewart
Court of Appeals of Maryland
Appeal from Chancery. The bill was filed in this cause on the 15th December, 1835, by William. Stewart, and the infant children of Eaton R. Pai'tridge, and charged that John Partridge, by his last will and testament, after making devises and bequests in favour of his sister, Margaret 'Alexander and others, devised all the residue of his estate of every kind to said Stewart and John B. Morris, in trust for said Eaton R. Partridge, for life, with remainder to his children, and…
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Appeal from Chancery. The bill was filed in this cause on the 15th December, 1835, by William. Stewart, and the infant children of Eaton R. Pai'tridge, and charged that John Partridge, by his last will and testament, after making devises and bequests in favour of his sister, Margaret 'Alexander and others, devised all the residue of his estate of every kind to said Stewart and John B. Morris, in trust for said Eaton R. Partridge, for life, with remainder to his children, and deliverable to them upon their attaining the age of twenty-one years; that said Eaton was appointed executor of and…
1Opinion of the CourtAkcheR, Judge
The object designed by the injunction in this case is, in our judgment, unattainable. The administratrix, de bonis non was appointed by a tribunal having exclusive cognizance of such an appointment, and was in our judgment rightfully appointed such administratrix by the Orphans court. The executor .had not completed the administration, not having paid all the legacies, or delivered over the property in his hands to the persons entitled thereto, without which, there could be no full administration.
Having thus been legitimately clothed with authority by the Orphans court, the law imposed upon…
2Cited by12 opinions
- Foos v. ScarfCourt of Appeals of Maryland · 1881
- Scott v. FoxCourt of Appeals of Maryland · 1859
- Rockwell v. YoungCourt of Appeals of Maryland · 1883
- Fulford v. FulfordCourt of Appeals of Maryland · 1927
- Crean v. McMahonCourt of Appeals of Maryland · 1907
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