Anderson v. Curran

Seoaft, J., delivered the opinion of the Court. This is an appeal from an order of the Circuit Court of Baltimore City overruling a demurrer to the bill of complaint filed by the appellee against the appellant, the Century Trust Company, the Commonwealth Bank and the Fidelity Trust Company. ⁵⁴⁰ The bill alleges that Richard R. Anderson, died intestate August 2nd, 1927, leaving as his next of kin a son, Richard Anderson, by his first wife (since divorced), and a widow, Caroline B. Anderson, the appellant. Caroline B. Anderson, on August 17th, 1927, was appointed by the Orphans’ Court of Baltimore City administratrix of her deceased husband and gave bond in the sum of twelve thousand dollars. On October 26th, 1927, after hearing, the Orphans’ Court revoked the appellant’s letters of administration and granted letters to the appellee, William Curran, and Charles Jackson, the -latter not joining in the bill of complaint.

On November 1st, 1927, the Orphans’ Court cited the appellant “to state an account of the property and assets coming into her hands as administratrix” and to deliver the same unto her successors, the appellee and Charles Jackson. On November 2nd, 1927, the appellant filed an answer purporting to show what assets came into her hands as such administratrix. The bill further alleges : “That said defendant, Caroline B. Anderson, still has in her possession certain stocks, bonds, monies, evidences of debt and other personal property and assets belonging to and being a part of the estate of said deceased; that although your orator, administrator, as aforesaid, .has made demand upon the said defendant, Caroline B. Anderson, to deliver to said administrators all of said personal property, and assets, she has refused and still refuses to surrender possession of the same to your orator; that although certain of said securities stand in and have been registered in the name of said decedent for a number of years the defendant, Caroline B. Anderson, is claiming the same as her own. “7. That your orator avers that said decedent, during his lifetime, deposited or caused to be deposited in a safe deposit box at the Commonwealth Bank said securities and other valuable property which he is informed and so avers said decedent purchased for himself out of his own funds; that said decedent caused said safe deposit box to be placed in the name of him ⁵⁴¹ self and said defendant, Caroline B. Anderson, so that she might, as his agent and representative, and for him, have access to said safe deposit box for the purpose of placing therein and for his account alone, the securities and other property belonging to said decedent; that at the time of the death of said Richard R. Anderson said safe deposit box at the Commonwealth Bank contained the securities and other valuable property so as aforesaid placed therein; that subsequent to the death of your orator’s intestate the said Caroline B. Anderson withdrew said securities and other valuable property from said safe deposit box at the Century Trust Company and that said defendant caused said safe deposit box at the Century Trust Company to be placed in her name in her individual capacity and not in her capacity as administratrix; that the said defendant alone has access to said safe deposit box at the Century Trust Company; that said securities which said Caroline B. Anderson is withholding from your orator for her own use are impressed with a trust in favor of said administrators.” It is further charged that the securities unaccounted for are being withheld from the present administrators “with the intent to defraud said estate”; that the appellee is disposing of or intends to dispose of the securities and assets which she is “unlawfully withholding” for the purpose of defeating the rights of her successor administrators and their intestate’s next of kin, and that the appellant “has caused or is causing certain of said intestate’s property to he placed in the name of another or others for the sole and express purpose of defeating the rights of the appellee; and that, unless the Circuit Court intervenes by way of injunction, the appellant will dispose of the cancelled or withheld securities and the estate suffer irreparable loss or damage.

The bill then prays, (1) that the securities and property withheld by the appellant may he impressed with a trust in favor of the appellee; (2) that they may be decreed to the appellee; (3) that their delivery may be decreed to the appellee; (4) for account and delivery by all the defendants; ⁵⁴² (5) that the appellant may be restrained and enjoined from collecting the income or profits from securities of the intestate in her hands, or from entering the safe deposit box in the Century Trust Company; (6, I) that the Century Trust Company and the Commonwealth Bank be enjoined from permitting the appellant to have access to said deposit boxes, or from removing any of the securities therefrom; (8) that the Fidelity Trust Company be forbidden to transfer on its books its stock standing in the name of the deceased; (9) that a receiver be appointed; (10)- that the court assume administration of the estate; (11) and for general relief. On the bill of complaint, exhibits, and affidavit, the chancellor passed an order restraining and enjoining the defendants as prayed, pending the final determination of the cause,, unless cause to the contrary be shown. To the whole bill the appellant demurred, and for grounds-of demurrer and cause to the contrary of the restraining order, alleged that the appellee had not stated such a case as entitled him to an injunction; that the bill of the appellee stated no grounds for relief against the defendants or either of them; that the bill was vague, indefinite and uncertain,, and insufficient to warrant the relief prayed; that it was without equity, multifarious, and for other reasons. The principal question here is whether the powers and' processes of the orphans’ court are adequate to accomplish the purposes alleged in the bill of complaint.

If they are-not, it must be conceded that the equity court is the proper tribunal for the determination of the questions involved. McIntyre v. Smith, 154 Md. 660 ; Boland v. Ash, 145 Md. 465 ; Safe Deposit & Trust Company v. Coyle, 133 Md. 343 ; Linthicum v. Polk, 93 Md. 84 . The powers of the orphans’’ court are prescribed and limited by statute and it “shall not, under any pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred by law, but every judgment, decree, decision or order may be enforced by attachment and sequestration as aforesaid.” Section 2ll, article 93, Code. ⁵⁴³ It is made the duty of an administrator whose letters have been revoked “forthwith to render to such court an account of his administration or guardianship up to the period of the rendition of such account; and in caso he shall fail to do so within the time fixed by such court, the court may compel the rendition of such account hy attachment, sequestration of property and imprisonment of the party so failing, until such account shall be rendered as aforesaid.” Section 256, article 93, of the Code. It will be observed from this section that, although one’s letters may be revoked, the statutory duty of the deposed administrator to account extends “up to the period of the rendition of such account.” It is further provided by the succeeding section (251), if the administrator whose letters have been revoked shall not, within a reasonable time to be fixed by the court, deliver to the remaining or new administrator, as the case may be, “all the property of the deceased remaining in his hands unadministered and also ail the hooks, bonds, notes and evidences of debt or funds, and all title to property or stocks which belong to or which may become due to the decedent, in his possession, and also pay over to such new administrator, etc. of the decedent all the money due to him as executor or administrator of the decedent, the court may compel the delivery and payment over as aforesaid by attachment and sequestration of the property of the party whose letters may be revoked, and may also direct to be put in suit the administration or testamentary bond of such executor or administrator whose letters have been revoked.” It appears, therefore, from the sections just quoted, that the duties of a deposed administrator do not cease until an accounting has been had and delivery of property of his decedent to the remaining or new administrator, under pain of severe penalties for failure to perforin his duties.

It is here contended by the appellee that, because the appellant has failed to account for certain property of her decedent, chiefly stocks and bonds to which she claims title, that, even though she does make this claim of title, the property in her hands is impressed with a trust for the benefit of ⁵⁴⁴ decedent’s estate and is being fraudulently withheld from the appellee, the orphans’ court is without jurisdiction to determine the respective rights of the appellant and appellee, and that equity affords the only effectual remedies. If the statutory duties of the deposed administratrix extend to the filing of her account and delivery of the property for which she is chargeable until she does perform these duties, then, according to the opinion of this court in Linthicum v. Polk, supra, the orphans’ court does, under the powers conferred by sections 256 and 257 of article 93 of the Code of 1924, have the authority to inquire whether the appellant withholds or has in her possession or under her control personal property of her decedent, and such inquiry cannot be halted by any claim of title set up by the appellee, thereby ousting the orphans’ court