Emery v. Emery
Court of Appeals for the D.C. Circuit
Hearing ou an appeal from an order of tbe Supreme Court of tbe District of Columbia, sitting as a probate court, granting a petition for tbe revocation of letters of -administration and tbe grant of letters to tbe petitioner. Tbe Court in tbe opinion stated tbe facts as follows: Abbie A. Emery died intestate in tbe District of Columbia July 26, 1915. Application for letters of administration were applied for by one of ber sons, Fred A. Emery.
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Hearing ou an appeal from an order of tbe Supreme Court of tbe District of Columbia, sitting as a probate court, granting a petition for tbe revocation of letters of -administration and tbe grant of letters to tbe petitioner. Tbe Court in tbe opinion stated tbe facts as follows: Abbie A. Emery died intestate in tbe District of Columbia July 26, 1915. Application for letters of administration were applied for by one of ber sons, Fred A. Emery. Petition was filed August 21, 1915, wherein tbe petitioner made tbe following allegations: Tbat tbe said Abbie A. Emery left surviving ber as tbe next…
1Opinion of the CourtChief Justice Shepard
It is a contention on behalf of appellant that, the court having granted letters, had no power to revoke the same except for the causes provided in the Code. Those causes relate to matters of administration and connected therewith, and do not prevent the court from revoking letters which had been issued upon a mistaken assumption of facts.
It is well settled in Maryland, from whence our probate system is derived, that once letters have been granted to a party upon a misstatement or misconception of the facts, the same may be revoked and the party really entitled thereto appointed. Ward v.…
2Cases cited3 opinions
- Wilcoxon v. ReeseCourt of Appeals of Maryland · 1885
- Owings v. BatesCourt of Appeals of Maryland · 1851
- Wilkinson v. RobertsonCourt of Appeals of Maryland · 1897
3Cited by4 opinions
- Hawley v. HawleyCourt of Appeals for the D.C. Circuit · 1940
- Corinne B. Randall v. Grace Fitzpatrick BockhorstCourt of Appeals for the D.C. Circuit · 1956
- George J. O'Sullivan v. Arma G. HicksCourt of Appeals for the D.C. Circuit · 1963
- George J. O'Sullivan v. Arma G. HicksCourt of Appeals for the D.C. Circuit · 1963