Lee v. Price
Court of Appeals of Maryland
Appeal from the Equity Side of the Superior Court of Haiti more city. The bill in this case, filed by the appellants against the appellees, alleges that Mrs. Lee is the niece and one of the heirs at law and next of kin of Charcilla C. D. Gwings, who, as the complainants believe, died intestate, though a paper purporting to be her will, has been offered for probate by the defendant, Price, to the orphans court for Baltimore city, and having been caveated, is now the subject…
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Appeal from the Equity Side of the Superior Court of Haiti more city. The bill in this case, filed by the appellants against the appellees, alleges that Mrs. Lee is the niece and one of the heirs at law and next of kin of Charcilla C. D. Gwings, who, as the complainants believe, died intestate, though a paper purporting to be her will, has been offered for probate by the defendant, Price, to the orphans court for Baltimore city, and having been caveated, is now the subject of inquiry as to its validity on issues sent from that court to the Superior court of Baltimore city for trial; that…
1Opinion of the CourtTuck, J.
The bill of complaint does not state a case authorizing a court of equity to interfere with the appellee, Price, or with the funds in his hands, belonging to the estate, in the manner proposed by the complainants. He must be treated as administrator pendente lite, appointed by a court of competent jurisdiction, and responsible to that tribunal so long as he holds the letters of administration. Raborg vs. Hammond, 2 H. & G., 42. Alexander vs. Stewart, 8 G. & J., 226. The powers of the orphans courts, under the acts of Assembly, are adequate to the protection of the interests of those concerned…
2Cases cited2 opinions
- Raborg's Adm'x. v. Hammond's Adm'r.Court of Appeals of Maryland · 1827
- Alexander v. StewartCourt of Appeals of Maryland · 1836
3Cited by2 opinions
- State v. McNallyCourt of Appeals of Maryland · 1881
- Wingert v. StateCourt of Appeals of Maryland · 1915