Cecil v. Harrington
Court of Appeals of Maryland
Appeal from the Orphans Court for Baltimore City. The administrator and some of the next of kin and distributees of Wm. Cecil, filed, on the 26th of October 1861, a petition in the court below, against the appellees, daughters of the deceased, charging, that each of them had received from the intestate an advancement more than equal to their respective distributive shares of the estate, and asking that they be excluded from the distribution*of the residue.
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Appeal from the Orphans Court for Baltimore City. The administrator and some of the next of kin and distributees of Wm. Cecil, filed, on the 26th of October 1861, a petition in the court below, against the appellees, daughters of the deceased, charging, that each of them had received from the intestate an advancement more than equal to their respective distributive shares of the estate, and asking that they be excluded from the distribution*of the residue. The appellees answered, denying that they had received any thing by way of advancement, but admitting the receipt of a certain sum from…
1Opinion of the CourtCochran, J.
The appellant in this case, was not a party to the original proceedings in the orphans court, but being interested as heir and distributee, he might be said to be aggrieved by the decision, which was adverse to his interest. Under the rulings of this court'he was entitled to an appeal, although not technically a party. Stevenson vs. Schriver, 9 G. & J., 324. Parker vs. Gwynn, 4 Md. Rep., 423.
The mode of proceeding, to obtain the benefit of an appeal in such a case, is prescribed by the 5th Art', of the Code, sec. 40: Without repeating the provision at length, it is sufficient to say, that it…
2Cases cited2 opinions
- Stevenson v. SchriverCourt of Appeals of Maryland · 1837
- Parker v. GwynnCourt of Appeals of Maryland · 1853
3Cited by8 opinions
- Stonesifer v. ShriverCourt of Appeals of Maryland · 1904
- Cox v. ChalkCourt of Appeals of Maryland · 1882
- Bowling v. EstepCourt of Appeals of Maryland · 1881
- Gephart v. StrongCourt of Appeals of Maryland · 1864
- Knight v. Princess Builders, Inc.Court of Special Appeals of Maryland · 2005
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