Biays v. Roberts

Miller, J., delivered the opinion of the Court. This appeal is from a decree sustaining a demurrer to a bill in equity and dismissing the same. One of the grounds relied on in support of the decree is limitations, and this Court has recently decided that this defence may be availed of under a general demurrer, where from the face of the bill it can be seen that the bar applies, and where no facts are stated sufficient to relieve it from the operation of the Statute. Bell vs. Bowie, 65 Md., 355 .

The case made by the bill (which was filed on the 6th of January, 188⁷,) and the accompanying exhibits is a very simple one, and may be stated thus : The late Judge Alexander O. Magruder died in 1853 intestate, leaving ⁵¹² as his heirs-at-law and distributees, two sons, John H. T. Magruder, and Philip A. Magruder who has since died intestate, without issue, and unmarried, and two daughters, Mrs. Biays who was then a widow and remained such until her death in 1878, and Mrs. Scott then a married woman whose husband has since died. Letters of administration on his personal estate were granted soon after his death, to his son John H. T. Magruder, who, in August, 1858, passed in the Orphans’ Court his first and final account showing a balance due the estate of $5997.17. The administrator died in 1886, leaving a will by which he gave all his property to his wife, and upon the renunciation of the executors therein named, letters c. t. a. were granted to Joseph K. Roberts who is made the sole defendant to the bill. After the death'of Mrs. Biays, her son, the complainant, administered upon her estate, and more than seven years thereafter filed this hill in his own behalf, and in behalf of all the other distributees of his grandfather’s estate, who may come in and contribute to the expenses of the suit, the only other possible distributees being Mrs. Scott who is not joined as complainant, and the personal representative of the deceased administrator who is the defendant.

In addition to these facts the bill charges that after passing this final account, the administrator took no further proceedings in the Orphans’ Court, and never distributed any part of the $5997.17 to any of the distributees, except the sum of $600 to Mrs. Scott, and that the balance was still due and owing by him to such distributees at the time of his death; that Mrs. Biays, the mother of complainant, was not aware that her father had left any considerable personal estate, and was always led to believe that there would be nothing of any consequence for distribution when the estate should be settled up, and she therefore never pressed her brother, the administrator, for any,account or settlement of her distributive share, and died in ignorance of the fact that she had any substantial interest in her father’s personal estate. ⁵¹³ Upon these facts and charges the complainant says he is advised that he is entitled to have the personal estate of the deceased administrator administered in a Court of equity, so as to secure the distributees of the intestate on whose estate he had administered ; and to the end—that the personal estate of the deceased administrator may he adjudged aud declared to be held by Roberts, his adminstrator c. i. a. in trust for the use and benefit of such distributees, he prays the Court, 1st, to assume jurisdiction over the estate of the deceased administrator, and to administer the same according to the interests of the parties entitled; 2nd, that Roberts may be required to file an account of all- property in his hands as administrator e. t. a. of John H. T. Magruder, and to account for the estate of Judge Magruder' that came into the hands of said John IT. T. Magruder as his administrator ; "3rd, that a receiver may be appointed to take possession, hold aud dispose of said property under the direction of this Court, and that Roberts may be required to hand over the same to such receiver; and 4th, to grant him general relief. From this statement of the case it would seem to he nothing less than an effort, by a distributee to collect from the estate of a deceased administrator, by means of a hill in