Hoffman v. Gold
Court of Appeals of Maryland
Appeal from the Orphans’ court of Baltimore county. On the 16th December, 1835, Peter Gold filed his petition charging that Clement Oakes, a mariner, belonging to the port of Baltimore, shipped as a seaman on board the ship Warren, which sailed out of the aforesaid port fin the year 1806, on a voyage to the Pacific Ocean, where the vessel arrived, but was seized by the Spanish authorities, and the crew made prisoners; that wages for said voyage have been recovered for, but…
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Appeal from the Orphans’ court of Baltimore county. On the 16th December, 1835, Peter Gold filed his petition charging that Clement Oakes, a mariner, belonging to the port of Baltimore, shipped as a seaman on board the ship Warren, which sailed out of the aforesaid port fin the year 1806, on a voyage to the Pacific Ocean, where the vessel arrived, but was seized by the Spanish authorities, and the crew made prisoners; that wages for said voyage have been recovered for, but not received by said Oakes; that he is dead, intestate and without next of kin, as far as appears in the United States,…
1Opinion of the CourtChambees, Judge
The only question brought before this court by the record, is, whether the Orphans’ court under the circumstances of this cause, should have passed the decree ordering letters to be delivered to the appellee.
In the view we have taken of the cause, it will be entirely unnecessary to decide upon the right of The Charitable Marine Society, to be considered as sole distributee, but that right may be assumed, to give the utmost effect to the appellee’s argument.
It is contended, that the appellee is entitled to letters as matter of right. That the act of 1807, ch. 123, gives the estate of the…
2Cited by1 opinion
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