Blackburn v. Craufurd

Baiitol, J., delivered the opinion of this Court. The allegations contained in this bill of complaint are clearly sufficient to entitle the appellees to the injunction prayed, unless it appears upon the face of the proceedings that the complainants have no title or right as distribu-tees. Their want of title it is said, appears, by the order of the Orphans’ Court of the 10th of March 1863, exhibited with the bill (marked 0.) This order the appellants contend, was a decree by a court of competent jurisdiction, conclusively deciding that the appellees were not entitled as next of kin, to distribution of the personal estate of Dr. David Oraufurd, deceased. We are of opinion that under the 230th and 231st sections of Article 93 of the Code, the Orphans’ Court had jurisdiction to pass “the order of the 10th of March.” The power “to superintend the distribution of the estates of intestates,” and “to examine, hear and decree upon all accounts, claims and demands existing between legatees or persons entitled to any distributive share of an intestate’s estate and executors and admin ⁴⁶⁶ istrators, and to enforce obedience to, and execution of their decrees in the same ample manner as Courts of Equity,” plainly confers authority upon the Orphans’ Court to hear and determine the question who are next of kin, and to decide between parties claiming adversely to each other, and* determine which of them are next of kin entitled to distribution.

This jurisdiction, we consider, is expressly given to the Orphans’ Court by the sections of the Code above cited, and is not the eNercise of a “mere incidental or constructive authority,” such as is prohibited by the 252nd section of the same Article. In this case the order of the 10th of March was passed by the Orphans’ Court of Prince George’s County upon a matter within its jurisdiction. If erroneous, the remedy of the parties aggrieved was by an appeal, to have it reviewed and reversed. It cannot be impeached collaterally, except on the ground that there was such impropriety in the action of the Court as will vitiate if, such as want of notice to the parties, or collusion with administrator, or that its passage was obtained by fraud or imposition.

In this case the bill alleges substantially that the complainants had before made application to the Orphans’ Court hy petition, to annul a distribution theretofore made by the administrator, and to require of him the execution of a new administration bond with sureties to be residents of Maryland, the original bond being alleged to be insufficient; and that the Orphans’ Court upon that petition determined that the petitioners were entitled to the relief prayed, and were about so to decree,