Legal Opinion

Miller v. Dorsey

Court of Appeals of Maryland

Decided December 15, 1856PublishedCited by 12 opinions

Appeal from the Orphans Court of Washington county. This appeal is from an order of the court below in reference to the distribution of funds in the hands of the appellant belonging to the estate of William Pottinger. The facts of the case are briefly these.

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Appeal from the Orphans Court of Washington county. This appeal is from an order of the court below in reference to the distribution of funds in the hands of the appellant belonging to the estate of William Pottinger. The facts of the case are briefly these. In 1833, Pottinger died leaving no real, and but a small personal estate, upon which one Annan administered, and on the 14th of June 1834, settled his first and final account in the orphans court, (which was approved by that court,) in which he distributed the assets to various creditors, including the appellees, the distribution paying…

1Opinion of the CourtLe Grand, C. J.

We think the court erred in passing the order appealed from, and therefore reverse its decision.

*323Admitting the administrator de bonis non to have but the rights which were conferred on the person to whom letters were, in the first instance granted, still, this circumstance does not preclude him from objecting to any claim which may be presented against the estate. The payment of a dividend by the original administrator did not preclude him, on the ascertainment of grounds of objection to claims once acknowledged by him, from urging such objection in a court of law. It cannot be pretended, that…

2Cited by12 opinions

  1. Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
  2. Bowie v. GhiselinCourt of Appeals of Maryland · 1869
  3. Fledderman v. FleddermanCourt of Appeals of Maryland · 1910
  4. Huntington v. Heirs of BobbittMississippi Supreme Court · 1872
  5. Webster v. Le CompteCourt of Appeals of Maryland · 1891

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