Carpenter v. Jones

Brent, J., delivered the opinion of the Court. But few cases can arise in this .State, where the appointment of an administrator is within the discretion of the ⁶²⁸ Orphans’ Oourt. The person entitled is generally designated by our statute, and when so designated the requirement of the statute must be strictly obeyed. Smith and Wife vs. Young, 5 Gill, 197 ; Nusz, et al. vs. Grove, 27 Md., 400 ; Kearney vs. Turner, 28 Md., 423 .

Relations in the order and within the degrees specified, are first entitled. If no relations, then administration is to be granted to the largest creditor applying. Art. 93, sec. 30. If there are no relations, and no creditors applying, then the grant of letters is in the discretion of the Orphans’ Court.

In the present case, the deceased, so far as known, left no relations, and the question presented by this appeal is whether or not the appellant, who claims to be a creditor, ought to have been appointed by the Orphans’ Court of Howard County. No other creditor seems to have applied., and as the appointment of the appellees, was made in point of time as required by sec. 16, Art. 93, the letters granted to them will not be revoked, unless the appellant is found to have been entitled. In the case of Stocksdale and Wife vs. Conaway, Administrator of Cover, 14 Md., 99 , Josias H. Cover, who was entitled to administration, filed his renunciation in the Orphans’ Court, “desiring at the same time, that letters might be granted to John H. Conaway.” Letters were accordingly granted to Conaway, when Mrs. Stocksdale, the person next entitled after Josias H. Cover, filed a petition for their revocation. Josias H. Cover then offered to withdraw his renunciation, and asked that letters might be granted to him, in the event of the letters of Conaway being revoked.

It was urged in the argument that his renunciation was conditional; and his right to withdraw it, and claim the administration as against Mrs. Stocksdale, was one of the questions decided by the Court. It was held, that having ⁶²⁹ made Ms election to decline tlie administration it was final and could not be retracted or abandoned. The case of Thornton vs. Winston, 4 Leigh, 152 . was cited as authority, and the doctrine there laid down approved. On the 17th of August, 1875, the appellant filed in the Orphans5 Court the following paper : “Elkridge Land., Md., Aug. 16th, 1875.

To the Hon. the Judges O. O. The undersigned, the attending physician to the late James Stratton, takes great pleasure in impressing the Hon. Court that during his attendance on the said James Stratton, he expressed himself as confiding in the Rev. Mr. Jas. H. Davis, he having used this language or to the effect, f that he had more confidence in Mm, the said Revd. James 1ST.

Davis, that while others came to take from him, Revd. Mr. Davis came as company, and he would do Mm justice.5 “The undersigned having a bill of $266.50, and representing the interest of the consulting physician, Dr. D. Atkinson, of the City of Baltimore, $50.00, the two being the largest claims against the said estate as far as known to tlie undersigned, would ask the appointment of Revd. Mr. Jas. 1ST. Davis as administrator of said estate.

Most respectfully, A. W. Carpenter, M. D.” Sec. 38, Art. 93 of the Code provides that “if any person entitled to administration shall deliver or transmit to the Orphans5 Court a declaration in writing that he is willing to decline the trust, the Court shall proceed as if such person were not