Alston v. Gray
Court of Appeals of Maryland
1DissentEldridge, Judge
I disagree with the majority’s decision to dismiss this appeal. The majority determines that there is no proper party-appellant because Alston, who is both the personal representative and an heir at law, described herself as personal representative in the order of appeal and failed to note specifically on the order her individual capacity. I believe that the Court’s holding is neither mandated by Maryland law nor consistent with the better reasoned cases from other jurisdictions.
The majority is correct in stating that “only an ‘aggrieved party’ may appeal from an order of the Orphans’ Court…
2Cases cited12 opinions
- Donsavage EstateSupreme Court of Pennsylvania · 1966
- Gray v. Harriet Lane Home for Invalid ChildrenCourt of Appeals of Maryland · 1949
- Dickey v. HerbinSupreme Court of North Carolina · 1959
- Buchwald v. BuchwaldCourt of Appeals of Maryland · 1938
- Surratt v. KnightCourt of Appeals of Maryland · 1932
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