Legal Opinion

Hebb v. Hebb

Court of Appeals of Maryland

Decided December 15, 1847PublishedCited by 3 opinions

Appeal from the Orphans Court of St. Mary’s County. On the 3d May, 1847, the appellants filed their petition, alleging that, they apprehend they are likely to suffer by the misconduct of the aforesaid Catharine, in the administration of the estate of the aforesaid James, and by the improper use and application by her of certain bonds, for the payment of money, to wit: bond of U. C. Harris, bond of Richard Thomas and of John Wills, which said bonds are assets belonging to the…

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Appeal from the Orphans Court of St. Mary’s County. On the 3d May, 1847, the appellants filed their petition, alleging that, they apprehend they are likely to suffer by the misconduct of the aforesaid Catharine, in the administration of the estate of the aforesaid James, and by the improper use and application by her of certain bonds, for the payment of money, to wit: bond of U. C. Harris, bond of Richard Thomas and of John Wills, which said bonds are assets belonging to the estate of the aforesaid James, deceased; and they therefore pray for subpcena, &c. And that the said Catharine may shew…

1Opinion of the CourtMagruder, J.

From an order by an Orphans court, refusing to revoke letters testamenty, an appeal will not lie. If, therefore, the record which is before us presented no other question, the appeal would be dismissed. But the Orphans court, in this case, was called upon to decide another question.

The appellants are two of the executors of James Hebb: the appellee is the other. The appellants, by their petition, asked the Orphans court of St. Mary's county to revoke the authority granted to the appellee, upon the ground of misconduct by the latter; and this misconduct, it appears, consisted in withholding…

2Cases cited1 opinion

  1. Jackson ex dem. Sherrill v. BrushNew York Supreme Court · 1822

3Cited by3 opinions

  1. Hatcher v. BufordSupreme Court of Arkansas · 1895
  2. Smith v. DorseyIndiana Supreme Court · 1872
  3. Waring v. EdmondsCourt of Appeals of Maryland · 1857

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