Domain, Ex'r of Estate of Naylor v. Bosley, Indiv. and Adm'x Dbn

Prescott, C. J.,

delivered the majority opinion of the Court. Hammond, J., dissents. Dissenting opinion at page 11, infra.

The executor of a wife, who survived her husband for only a short time, appeals from an order of the Orphans’ Court for Carroll County, which denied the executor’s claim to an interest in both the real and personal property left by the deceased husband.

The husband and wife both died testate; he on February 17, 1964; she on May 20 of the same year. He was survived by his widow and five siblings, but no children, descendants, father or mother. He left one parcel of real…