Engel v. State ex rel. Geiger
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. David Cassell having died, leaving a last will and testament, which was duly admitted to probate in the Orphans’ Court of Carroll County, letters testamentary thereon were granted to Abraham Cassell and Peter Engel, the executors named therein, who qualified as such with Peter Baile and Henry Baile as securities upon their bond. Abraham Cassell, one of the executors died before the filing of the declaration in this suit.
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Appeal from the Circuit Court for Carroll County. David Cassell having died, leaving a last will and testament, which was duly admitted to probate in the Orphans’ Court of Carroll County, letters testamentary thereon were granted to Abraham Cassell and Peter Engel, the executors named therein, who qualified as such with Peter Baile and Henry Baile as securities upon their bond. Abraham Cassell, one of the executors died before the filing of the declaration in this suit. The case is further stated in the opinion of the Court. Judgment was rendered for the plaintiff, and the defendants appealed.
1Opinion of the CourtAlvey, C. J.
This is an action on the testamentary bond given by the executors under the will of David Cassell, deceased, *541brought to recover certain amounts of distribution of the estate, as shown by the several accounts settled in the Orphans’ Court by the executors. The pleadings in the case are very informal and defective, and would not bear the ' test of a demurrer; but the parties, by agreement, have waived the want of formality and all errors in the pleadings filed, and agreed that the case should be tried as upon a correct and proper state of pleading, so as to allow of the production of any…
2Cases cited3 opinions
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- Hubbard v. BarcusCourt of Appeals of Maryland · 1873
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- Straus v. RostCourt of Appeals of Maryland · 1887
- Roberts v. RobertsCourt of Appeals of Maryland · 1905
- Jones v. GordyCourt of Appeals of Maryland · 1935
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