Legal Opinion

Young, Adm'x Young, Ex-parte

Court of Appeals of Maryland

Decided December 15, 1849PublishedCited by 10 opinions

Appeal from the Orphans court of Prince George's county. The appellant, as administratrix of Notley Young, filed her petition in the said orphans court, stating that George H. Smith, and Eloise, his wife, pretending that they were entitled to administer on the personal estate of said Young, filed a petition in said cOu'ít, praying that letters of administration might be granted to them; in consequence of which, and for the benefit of said estate, your petitioner was…

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Appeal from the Orphans court of Prince George's county. The appellant, as administratrix of Notley Young, filed her petition in the said orphans court, stating that George H. Smith, and Eloise, his wife, pretending that they were entitled to administer on the personal estate of said Young, filed a petition in said cOu'ít, praying that letters of administration might be granted to them; in consequence of which, and for the benefit of said estate, your petitioner was compelled to employ counsel, for the purpose of answering said petition, arid resisting such illegal claim. That this claim was…

1Opinion of the CourtFrick, J.

The question presented by this appeal is: whether the appellant can claim to be credited,in her administration account, the amount of counsel fees disbursed by her, in maintaining her right to administer the estate?

It is insisted, by the respondents to the petition of the appellant, that the allowance of such a claim is not warranted by any of the provisions of the testamentary laws of the State; and that being a mere personal right, the estate ought not to be burthened with the costs of any controversy between the parlies litigating it.

On the part of the appellant, the allowance is claimed…

2Cited by10 opinions

  1. Dalrymple v. GambleCourt of Appeals of Maryland · 1887
  2. Sullivan v. DoyleCourt of Appeals of Maryland · 1949
  3. Stocksdale v. ConawayCourt of Appeals of Maryland · 1859
  4. Piper Rudnick LLP v. HartzCourt of Appeals of Maryland · 2005
  5. Ward v. KoenigCourt of Appeals of Maryland · 1907

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