Alban Tractor Co. v. Bollack

Liss, J., delivered the opinion of the Court. Alban Tractor Company, Inc., appellant, (hereinafter, Alban) sued Marlene Bollack, personal representative of the estate of Frank Siejack, appellee (hereinafter, Bollack), in ⁷⁰⁰ the Circuit Court for Howard County. The action commenced on February 26,1979 by the filing of a declaration, a motion for summary judgment, an affidavit and exhibits by Alban against Bollack in her capacity as personal representative of Siejack, deceased. The declaration was predicated upon a claim for monies due Alban for services provided and merchandise sold to the decedent.

Bollack, in response to the declaration filed a motion raising preliminary objection pursuant to Maryland Rule 323 a 6. Alban filed a reply in opposition to Bollack’s motion and a hearing was held. Following argument by counsel the hearing judge granted Bollack’s motion and ordered a judgment of non pros in favor of the defendant. A timely appeal was noted by Alban.

The following issues are presented by this appeal: 1. Whether the filing of a claim in a decedent’s estate is an action as defined in the Maryland Rules, and therefore is a bar to the commencement of a suit against the estate. 2. Whether a personal representative may be sued in the county where he resides when the estate is opened in a different county. 1. Appellant, in its declaration, alleged that in the period between June 30, 1978 and August 17, 1978, it provided services and sold merchandise on open account to Frank Siejack doing business as Siejack Construction Co. Siejack died on August 25,1978.

Appellant contends that on that date the balance due it was $14,303.68. An estate was opened on behalf of Siejack in the Orphans’ Court of Queen Anne’s County on September 6, 1978, and Bollack was named as personal representative of the deceased. Bollack is a resident of Howard County. On October 19, 1978, appellant filed a claim against the decedent’s estate by notifying the Register of Wills of Queen Anne’s County.

On December 5, 1978, a copy of the appellant’s claim was mailed to the personal representative. On March 5, 1979, appellant entered suit ⁷⁰¹ against Bollack in the Circuit Court for Howard County seeking judgment for the amount alleged to be in the Orphans’ Court claim. Appellee’s motion raising preliminary objection was based on the ground that there was a similar action involving the same parties and the same cause pending before the Queen Anne’s Orphans’ Court. Although the appellee’s motion did not raise the issue of venue, Bollack argued that there was improper venue because the suit was not filed in Queen Anne’s County.

At the conclusion of the motions hearing the judge ruled that Alban was barred from bringing its suit in Howard County because it had filed a claim in the Orphans’ Court for Queen Anne’s County. Md. Code (1974), Estates and Trusts Article, Section 8-104 provides three alternative methods by which creditors may present their claims against an estate. Subsection (b) allows a claimant to deliver or mail to the personal representative a verified written statement indicating the basis of the claim, the name and address of the claimant and the amount claimed. The claimant may also file a written statement of his claim, in the form prescribed by Subsection (c), with the Register of Wills and deliver or mail a copy of the claim to the personal representative.

Or the claimant may commence an action against the estate provided the action is instituted within the time limit for the filing of claims. Rule 5 a defines "action” as including all of the steps by which a party seeks to enforce any right in a court of law or equity. The Orphans’ Court in this state is a court of special limited jurisdiction and does not sit in equity or at law. Code (1974), Estates and Trusts Article, Section 2-102; Crandall v. Crandall, 218 Md. 598, 147 A.2d 754 (1959).

While there are no decisions by our Court of Appeals which are dispositive of the issue as to whether the filing of a claim in a