Collinson v. Owens
Court of Appeals of Maryland
Appkal from tbe Court of Chancery. Tbe original bill in this caso was filed by tbe appellant on the 23d of August, 1828, and was afterwards amended by making additional parties. It alleged that Edward Collinson, the brother of tho complainant, died intestate, and without issue, some time in March, 1823, leaving the complainant, and the appellees and others, Ms heirs at law.
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Appkal from tbe Court of Chancery. Tbe original bill in this caso was filed by tbe appellant on the 23d of August, 1828, and was afterwards amended by making additional parties. It alleged that Edward Collinson, the brother of tho complainant, died intestate, and without issue, some time in March, 1823, leaving the complainant, and the appellees and others, Ms heirs at law. That letters of administration on Ms personal estate were committed to the complainant, who overpaid the personal estate the sum of ¡¡¡3,958 91, as appears by an account passed by the Orphans Court in February, 1825. That…
1Opinion of the CourtDorsey, J.
The important question presented for our determination in this case, is, whether an administrator, on an estate inadequate to the payment of the debts of the deceased, after having paid all such debts, is, in a court of equity, entitled to a reimbursement of the amount by him overpaid, out of *9the deceased’s real estate upon the production of his accounts passed with the Orphans Court, and the vouchers upon which they are founded, and establishing by legal testimony independently of the action of the Orphans Court upon the subject, an amount of such vouchers or debts, equal to the sum overpaid…
2Cited by7 opinions
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Houck v. HouckCourt of Appeals of Maryland · 1910
- McDowell v. GoldsmithCourt of Appeals of Maryland · 1866
- State Ex Rel. Bounds v. GrahamCourt of Appeals of Maryland · 1911
- Bowen v. GentCourt of Appeals of Maryland · 1880
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