Carey v. Reed

Citations

• 82 Md. 383
• 33 A. 633
• 1896 Md. LEXIS 4

Syllabus

<p>Removal of Executor — Misconduct—Jurisdiction of Orphans' Court.</p> <p>The Orphans’ Court has jurisdiction to remove an executor for unfaithful or incompetent administration of the estate.</p> <p>A few weeks after returning his first inventory of the estate, an executor filed a corrected or amended inventory, in which he charged himself with less than one-half of the amount returned in the first inventory. At the time of filing the second inventory the executor had hypothecated half of the assets to banks as security for loans made to him on his individual account. The will had relieved the executor from the necessity of giving bond. Upon a petition of parties interested, setting forth that the assets of the estate were in danger of being wasted and misappropriated, the Orphans’ Court passed an order requiring the executor to furnish a substantial bond for the due performance of his duties within one week. The executor did not comply with the order, but filed an answer denying the authority of the Court. Held, that the Court had jurisdiction to revoke the letters testamentary upon proof of the allegations of the petition.</p>