Legal Opinion

Worthington v. Herron

Court of Appeals of Maryland

Decided December 17, 1873PublishedCited by 5 opinions

Appeal from the Orphans’ Court of Harford County. The appellant filed his petition in the Orphans’ Court of Harford County, under section 238, of Article 93 of the Code of Public General Laws, alleging concealment of property'belonging to his decedent’s estate, by the appellee. The answer of the appellee, under oath, as required by the Code, denied emphatically the concealment charged. The Orphans-’ Court, after hearing witnesses, dismissed the petition.

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Appeal from the Orphans’ Court of Harford County. The appellant filed his petition in the Orphans’ Court of Harford County, under section 238, of Article 93 of the Code of Public General Laws, alleging concealment of property'belonging to his decedent’s estate, by the appellee. The answer of the appellee, under oath, as required by the Code, denied emphatically the concealment charged. The Orphans-’ Court, after hearing witnesses, dismissed the petition. From this action of the Court the present appeal was taken.

1Opinion of the CourtAlvey, J.

This is an appeal from the Orphans’ Court for Harford County, and the order appealed from was passed in a proceeding instituted under sec. 238 of Art. 93 of the Code, in regard to property of a deceased alleged to be concealed.

There is a motion to dismiss the appeal, upon the ground that no right of appeal exists in such case to this Court, but that the right of appeal is confined exclusively to the Circuit Court of the county, by sec. 240 of the Article of the Code just referred to.

The sections of the Code referred to were codified from the Act of 1831, chap. 315, sections 12 and 13 ; and in…

2Cases cited6 opinions

  1. Baltimore & Havre-de-Grace Turnpike Co. v. Northern Central Railway Co.Court of Appeals of Maryland · 1860
  2. Lammott v. MaulsbyCourt of Appeals of Maryland · 1855
  3. Savage Manufacturing Co. v. OwingsCourt of Appeals of Maryland · 1846
  4. Carter v. DennisonCourt of Appeals of Maryland · 1848
  5. Cannon v. CrookCourt of Appeals of Maryland · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hignutt v. CranorCourt of Appeals of Maryland · 1884
  2. Baldwin v. HopkinsCourt of Appeals of Maryland · 1937
  3. McAvoy v. RenehanCourt of Appeals of Maryland · 1911
  4. Shannahan v. MaulsbyCourt of Appeals of Maryland · 1916
  5. Marcelle Fleischmann Foundation, Inc. v. FleischmannCourt of Appeals of Maryland · 1951

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