John H. Ing, exec. Rebecca Monteith v. The Baltimore Association for Improving the Condition of the Poor
21 Md 426
CASE SUMMARY
PROCEDURAL POSTURE: Appellant executor of a testatrix challenged the decree of the Orphans' Court for Baltimore City (Maryland), which required the executor to pay interest on
a sum that he held since his second account, to pay into the court a portion of the fund in his hands, and to use the remaining sum to carry into effect the testatrix's will. Appellee legatees
filed the petition to require the executor to pass a third account and pay them as legatees.
OVERVIEW: The testatrix left her property, after payment of her debts and some small pecuniary legacies, to the legatees. The legatees were an association for the improvement of
the condition of the poor. In his second account, the executor claimed that he could not distribute the funds in his hands because there was a pending claim against the estate. Affirming,
the court concluded that the trial court properly charged the executor with interest. An executor had an imperative legal duty to retain assets to satisfy a legacy bequeathed by the will if
there were assets sufficient to pay preferred claims. The executor did not have a right to retain assets to meet an unliquidated demand against the estate. The executor had to pay interest
on the money that he kept in his hands without any apparent reason or necessity.
OUTCOME: The court affirmed the decree of the trial court.
Appellate Court Records:
COURT OF APPEALS (Docket) John H. Ing,
exec. Rebecca Monteith v. The Baltimore Association for Improving the Condition of the Poor, 1863, December Term no. 147, p.
143 [MSA S412-8, 1/66/14/39].
COURT OF APPEALS (Briefs) John H. Ing,
exec. Rebecca Monteith v. The Baltimore Association for Improving the Condition of the Poor, 1863, December Term no. 147
[MSA S375-35, 1/64/12/6].
Trial Court Records
BALTIMORE CITY REGISTER OF WILLS
(Petitions) Estate of Rebecca Monteith, box no. 18 [MSA T621-24, 2/37/10/39].
BALTIMORE CITY REGISTER OF WILLS
(Orphans Court Proceedings) 1857-1859, IPC 31, p. 242 [MSA T604-5, 2/31/14/27].
BALTIMORE CITY REGISTER OF WILLS
(Orphans Court Proceedings) 1860-1862, IPC 33, p. 372, 401, 426, 439-440 [MSA T604-7, 2/31/14/29].
BALTIMORE CITY REGISTER OF WILLS (Orphans Court Proceedings) 1862-1863, IPC 34, p. 43, 50, 211 [MSA T604-8, 2/31/14/30].
|
