McKim v. Duncan
Court of Appeals of Maryland
Appeal from the Orphans Court of Baltimore county. On the 15th March 1845, the appellees filed their petition before the said court, alleging, that on the 8th December 1841, John McKim, Jr., made his last will; that he appointed his sons, D. T. and John S'., and his son-in-law, W. H. M., executors thereof, and therein declared, that no one of his executors should be entitled to any commissions for settling his estate; that the testator died in the month of January 1842; that…
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Appeal from the Orphans Court of Baltimore county. On the 15th March 1845, the appellees filed their petition before the said court, alleging, that on the 8th December 1841, John McKim, Jr., made his last will; that he appointed his sons, D. T. and John S'., and his son-in-law, W. H. M., executors thereof, and therein declared, that no one of his executors should be entitled to any commissions for settling his estate; that the testator died in the month of January 1842; that his son, John S., renounced his appointment, and on 3rd February 1842, letters testamentary were granted to the…
1Opinion of the CourtMagruder, J.
The will of the late John McKim, junior, gives rise to this controversy, and the first and principal question is, are the persons to whom letters testamentary were granted, and who have administered the assets, entitled to receive any remuneration for the services they have rendered ?
If. will be assumed in this case, that if our act of Assembly of 1798, ch. 101, does not expressly grant to the orphans court, the power to allow to the executors of Mr. McKim, a com*84mission for their services, no commission can be claimed by them. But surely a larv, which, in prescribing the manner in which the…
2Cited by8 opinions
- American Jewish Joint Distribution Committee v. EisenbergCourt of Appeals of Maryland · 1949
- Handy v. CollinsCourt of Appeals of Maryland · 1883
- Frank v. WareheimCourt of Appeals of Maryland · 1939
- Tillinghast v. LampCourt of Appeals of Maryland · 1935
- Glass v. RamseyCourt of Appeals of Maryland · 1851
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