Billingslea v. Henry

Bartol, J., delivered the opinion of this Court : Under the Act of 1818, ch. 204, appeals from the order, decision or judgment of an Orphans’ Court, must be taken within thirty days. This appeal was taken on the 12th day of April 1862, and was of course too late to bring up for review the judgment of the Orphans’ Court rendered on the 5th day of February 1862. In our opinion that judgment was not invalid for vagueness or uncertainty in its terms. The appellant had been allowed in an account before passed by him ex-parte, the sum of $800, for board of the testatrix in her life time, and also a certain sum for commissions, being at the rate of ten per cent.

Objection to these allowances and others, being made by the appellees by petition, the Court proceeded to hear the matter on petition, answer and proof, and thereupon ordered that $400 he deducted from the $800, before allowed for the board of testatrix, and also that ten per cent, on the appraised value of negro Pat, deceased, before allowed as ²⁸⁶ commission, should be deducted. This is the plain meaning of the judgment of the 5th of February. It settled the controversy and concluded the parties, as to all matters in issue upon the petition and answer, and not being appealed from in time, is not now open for review. On the 7th day of April 1862, the appellant presented another administration account claiming the following allowances: 1.

Interest on balance due him from the estate, 161 74 2. Counsel fees paid for advice and professional services in relation to settlement of estate, including $50 for fees in the matter of Henry and wife’s petition, - 100 00 3. Costs stated by the register as follows: Register’s fees, - - $14 66 Witnesses and sheriff’s fees, - 26 66 41 32 $303 06 On the same day the Orphans’ Court passed an order rejecting