Brodie v. Mitchell

Citations

• 85 Md. 516
• 37 A. 169
• 1897 Md. LEXIS 59

Syllabus

<p>Executors and Administrators — Administration Cum Testamento Annexo — Right of Widow to Administer the Will — Notice to Parties First Entitled to Letters — -No Delegation of the Right to Administer.</p> <p>Code, Art. 93, sec. 34, provides that when letters of administration with the will annexed are to be granted, the residuary legatee is to be preferred to all except a widow, and that before administration is granted to any other person, notice must be given to the parties first entitled. The widow of a man who was supposed to have died in- ' testate and without children renounced her right to administer and letters were granted to a certain party at her request. Subsequently the man’s will was admitted to probate. The executrix therein named, who was also the residuary legatee, renounced administration and at her request letters c. t. a. were granted by the Orphans’ Court to the appellees without notice to the widow. Held,</p> <p>ist. That the widow had not renounced her right to administer the will, and the letters having been granted without notice to her, she was entitled to have the same revoked and letters of administration c. t. a. granted to her as being first éntitled under the statute.</p> <p>2nd. That the Orphans’ Court exceeded its authority in granting letters of administration c. t. a. to the appellees upon the nomination of the executrix named in the will, since the right to administer cannot be delegated.</p>