Baldwin v. Hopkins

Mitchell, J., delivered the opinion of the Court. The record in this case presents three appeals from rulings of the Orphans’ Court of Harford County, growing out of the administration of the estate of Joseph R. Baldwin, who died on the 27th day of February, in the year 1936. His will was filed for probate in the Orphans’ Court of said county on the day after his decease; almost immediately thereafter, notice of objection to the probate ²²¹ of the same was filed; and this was followed, on March 2nd, by a caveat. On March 10th the answer of Mary J. Baldwin and Joseph R. Baldwin, Jr., the executors named in the purported will, was filed; and on the same date the said Mary J. Baldwin, widow of the testator, was appointed administratrix pendente lite upon the estate.

Since the appointment of the administratrix pendente lite, the estate of the deceased has been involved in ceaseless controversy; and this is the second time this court has been called upon to review actions of the Orphans’ Court in the course of its administration; the first appeal having been heretofore disposed of in this court at the October Term, 1936, whereby an order of the Orphans’ Court, purporting to appoint Frederick B. Baldwin, one of the appellees in this case, a co-administrator pendente lite upon the estate, was reversed. 171 Md. 97 , 187 A. 884 . Independently of the proceeding to have a co-administrator appointed, the appellees, on the 19th of May, filed a petition in which they set forth, in substance: (a) That as children of the deceased, they were vitally interested in the proper administration of the estate; (b) the appointment of Mary J. Baldwin as administratrix pendente lite, without notice to the petitioners; (c) that the said administratrix had caused to be filed in the Orphans’ Court separate inventories of the real and personal property pertaining to the estate; (d) that the same had been examined by the petitioners, and upon the basis of such examination, they then alleged that the said administratrix had concealed or omitted to return in the inventories a large part of the decedent’s estate, and, further, that she was considerably indebted to said estate. The prayers of the petition were: (1) That its subject-matter be considered a plenary proceeding; (2) that the petitioners be given opportunity at an early date to examine under oath the administratrix pendente lite, to the end that the court might consider: (a) Whether under the alleged facts, the administratrix should be further retained as such; (b) whether she was largely indebted ²²² to the estate individually; (c) whether she had concealed assets or omitted to return, in the inventories filed in the case, any part of the decedent’s estate; (d) requiring the administratrix to make proper accounting to the court, both as administratrix and individually. Upon the aforegoing petition, the court, on the same day, passed an order directing the administratrix to show cause, on or before the 25th of May, why she should not appear in the court on the 2nd of June for the purpose of examination. under oath in reference to all matters relative to the personal estate of the deceased; and further ordering that a copy of the petition and order of the court thereon be served on the administratrix on or before May 25th.

A non est was returned on this order. On the 26th of May a second petition was filed by the same petitioners, alleging the specific omission of the administratrix to return, in the inventories theretofore filed, a certain interest in real estate alleged to have belonged to the deceased and specifically mentioning numerous personal chattels alleged to have been omitted in the inventory of the personal property pertaining to the estate, including cash on hand, approximately $76,000 in cash claimed to have been received by the administratrix from rents prior to the death of the deceased, and also cash representing the proceeds of stocks and bonds due the estate, which had not been accounted for in the inventory. The latter petition further set forth the return of non est as to the former petition, and alleged that the administratrix, for the purpose of evading process, had removed from the 'State of Maryland to Buffalo, N. Y., carrying with her a large quantity of said personal estate. It further alleged neglect of duty and unfaithful conduct on the part of the administratrix, resulting in loss to the estate; and prayed that a co-administrator pendente lite, to take charge of and preserve the estate, be appointed, and that a copy of this petition and order be served upon the administratrix or her counsel of record, or, upon failing to secure such service, by order of publication directing the administratrix to appear in ²²³ said court on some day to -be named therein, to show cause why she should not immediately be removed as administratrix, and also be examined by the petitioners under oath with regard to the subject-matter of the petition, provided, however, that the service of such notice as hereinbefore set forth be made on or before the 27th of May.

Upon the latter petition, the Orphans’ Court, on. the 26th day of May, passed an order directing that a copy of the petition and said order be served on the administratrix, and if she could not be found, upon her counsel of record, on or before the 27th of May, directing her to show cause, on or before June 9th, why the relief prayed for in the petition should not be granted; with the further provision for the publication of the order, in the absence of personal service. Service of this petition and order was admitted by counsel for the administratrix, and a full and particular answer specifically denying the allegations of the petitioners was promptly filed. On August 20th the Orphans’ Court passed an order directing that issues be sent to the Circuit Court for Harford County, to be tried by a jury, which issues, briefly, were as follows: (a) Whether at the time of his death the testator owned any of the chattels other than those listed in the inventory of the personal estate alleged in the second petition to have been omitted; and if so, which articles belonging to him were omitted; (b) whether the administratrix was indebted at the time of the death of the decedent, by reason of rents collected by her prior to his death, for which she had failed to account; and if so, in what amount; (c) whether she was indebted to the estate for the proceeds of securities sold by her, for which she had failed to account; and if so, in what amount; (d) whether the deceased at the time of his death was possessed of any interest in a certain merchandise business conducted in the City of Buffalo, for which she had failed to account; and if so, in what amount. This order further provided that the issues be transmitted for trial, without prejudice to any ²²⁴ party’s right to request additional issues after the return of said issues from the Circuit Court; provided, however, that such additional issues be limited to matter then in dispute and not embraced in the issues.

Following the passage of the aforegoing order, the petitioners filed a supplemental petition in the Orphans’ Court, asking that, in addition to the relief prayed in the petitions of May 19th and May 26th, the order of the court of March 1.0th, appointing the administratrix pendente lite, be revoked, for the reason that no notice had been given the petitioners prior to said appointment. To this latter petition an answer was filed, in which it was submitted that no appeal had been taken from the original order of appointment of the administratrix within the time prescribed by statute; and that the petitioners were precluded at that time from attacking the appointment of the administratrix by way of amendment to their petitions of May 19th and May 26th, because upon said petitions- issues had then been framed and sent to the Circuit Court for trial. The Orphans’ Court having passed an order setting the several matters submitted by the pleadings for hearing on October 20th, the administratrix thereupon filed exceptions to this order, upon the ground that the matters proposed to be considered at said hearing had been incorporated in the issues- which had then been sent to the Circuit Court, and that, until said issues were determined, there was nothing properly before the Orphans’ Court. The exceptions further submitted that any issues of fact hot embraced in the issues then pending in the Circuit Court be framed as additional issues and sent to the Circuit Court for trial, to the end that all facts in dispute might be determined by a jury; and prayed that meanwhile the hearing, fixed for October 20th, be continued until such time as all issues were determined in the Circuit Court.

On October 20th the Orphans’ Court overruled the exceptions, -and, considering the petitions of May 19th and May 26th, and the answer of the administratrix ²²⁵ thereto, ordered that the said administratrix be refused any further issues on said petitions and answer, and proceeded with the hearing. The first appeal of the administratrix in this record is from this latter order. It appears from the record that, after formally objecting to the hearing, counsel for the administratrix appeared and participated therein by cross-examining witnesses for the petitioners on the first day of said hearing, but nevertheless, on the second day of the hearing, he again appeared and notified the court that the administratrix declined to take any further part therein, for the same reasons as set forth in the exceptions and the formal objection; and for the further reason that meanwhile an appeal has been noted as hereinbefore indicated. At this stage of the hearing, the Orphans’ Court, on October 28th, passed an order directing the administratrix to appear in person before the court two days later, and then and there be examined under oath by the petitioners or their attorneys, or else be subject to an order of the court vacating and annulling her appointment as administratrix pendente lite; provided, nevertheless, that a copy of the order be served on the attorney of record in the case; which service was accepted by counsel for the administratrix, whose appeal from said order is the second found in this record.

On the 30th day of October, the date on which the postponed hearing was fixed, the following order, forming the basis of the third appeal in this record, was passed: “From the matters and facts stated in the various petitions filed in these proceedings asking that this Court remove Mrs. Mary J. Baldwin as administrator pendente lite in the above entitled case under order of this Court dated March 10, 1936, and its further order dated October 28, 1936, requiring the said Mary J. Baldwin, administratrix as aforesaid, to appear in this Court and be examined under oath as to the matters and facts set forth in the above mentioned petition, it appearing to the Court that the said Mary J. Baldwin or her attorney had notice of said order of October 28, 1936, the ²²⁶ Court hearing the evidence and considering the matters and facts stated in said petition, and having duly considered the same, is of the opinion that the letters of administration granted to the said Mary J. Baldwin to act pendente lite in the above entitled estate, dated March 10, 1986, should be revoked. It is thereupon ordered by the Orphans’ Court of Harford County this 30th day of October in the year 1936, that the said letters of administration granted to the said Mary J. Baldwin as aforesaid, be and they are hereby revoked. And it is further ordered that Frederick B. Baldwin, who has heretofore been acting as co-administrator in this estate, shall from this date on, act as administrator pendente lite.” It may be here noted that, by a previous order, the Orphans’ Court had specifically rejected the petitioners’ contention that the appointment of the administratrix should be vacated because they had received no notice prior thereto. At the expense of prolonging this opinion, we have endeavored to detail the status of the record, as of the dates of the successive appeals; and it is obvious, from what has been shown, that the proceedings are complicated by virtue of the diligence of counsel in the Orphans’ Court, at a time when an appeal was pending in this court, and likewise issues of fact were pending in the Circuit Court for Harford County.

While there are no' provisions in our statutes defining the powers of an administrator pendente lite, or establishing particular and exceptional rules for the discharge of his duties, it has been decided by this court that such an administrator is subject to the same general rules as control general administrators. Baldwin v. Mitchell, 86 Md. 379 , 38 A. 775 ; Warfield v. Valentine, 130 Md. 587 , 101 A. 543 . Section 243 of article 93 of the Code (Supp. 1935) clothes the orphans’ courts of this state with full power, among other things, to grant letters of administration, direct the conduct and accounting, secure the rights of legatees, and administer justice in 'all matters relating to the affairs of deceased persons ; and by section 269 ²²⁷ of article 93 of the Code, the said courts are vested with power ex officio to order any administrator, acting under its authority, who appears to be in default in respect to the rendering of an inventory or the fulfillment of any duty in said courts, to be summoned to appear before the court and fulfill such duty, on