Cearfoss v. Snyder

Sloan, C. J., delivered the opinion of the Court. On the 9th day of April, 1943, C. Harold Snyder, administrator of the estate of William Firey Snyder, deceased, filed in the Orphans’ Court of Washington County exceptions to three accounts filed in said court on the 29th day of January, 1942, July 17,1942, and January 29, 1943, by Augusta M. Cearfoss, surviving executrix of the estate of Jesse 0. Snyder, who died February 10, 1941. The exceptions, which are more in the nature of a petition, state that by the last will and testament of Jesse 0.

Snyder, Augusta M. Cearfoss was named as executrix and William Firey Snyder was named as executor, both of whom qualified on March 4, 1941. They ⁵⁶⁷ returned an inventory and appraisal of the estate July 3, 1941. William Firey Snyder died January 2, 1942, and ever since Augusta M. Cearfoss has been acting as sole executrix, and has filed all of the accounts. The total commissions in the three accounts amount to §7,524.70.

In the account of January 29, 1943, the executrix charges herself with §75,000, and the total commissions, when the estate is fully administered, will amount to §9,-024.70, but we are only concerned here with the commissions allowed in the first account filed January 25, 1942, amounting to §3,130.37, which, after the deduction of 1 per cent. State tax, amounts to §2,817.33. The petition prayed the passage of an order allowing the administrator of William Firey Snyder the sum of §4,000 for his services performed by his decedent as executor. The respondent Augusta M. Cearfoss answered, stating that the Orphans’ Court did not have jurisdiction to hear the matter; had no power to settle disputes between executors; that full commissions allowed by law under Article 93, Section 5, had been allowed, and the Orphans’ Court could not grant additional commissions, and the petitioner was guilty of laches in presenting his claim; that William Firey Snyder failed and refused to perform his official duties as executor, and deliberately attempted to prevent, hinder, delay and impede the proper settlement of the estate, and that he “did nothing whatever to earn any compensation.” The evidence taken in this case shows that as between the executor and executrix there was no good feeling.

The bachelor, Jesse O. Snyder, left the bulk, nearly all, of his estate to the executrix, who was his secretary, which the brother, his executor, resented, and his executrix returned in kind. In “her testimony, which was characterized more by bad temper than frank statements of facts, she was at pains to show lack of co-operation on the part of her co-executor, though the testimony shows that he must have co-operated in order to release mortgages, and sign other ⁵⁶⁸ papers which were necessary in the settlement of the estate. Executors and administrators are compensated by the Orphans’ Court under a law which limits the compensation, and the Orphans’ Court cannot exceed the amount of it (Code, 1939, Art. 93, Sec. 5), and in this case in the first account filed twenty-five days after William Firey Snyder died, the limit fixed by the statute was allowed. The books and accounts of Jesse 0.

Snyder were all in his office, which the executors continued to use and occupy after his death, and where the respondent remained and undertook to manage the estate. William Firey Snyder resided at Clear Spring, about twelve miles westward of Hagerstown, and it was necessary many times for the executrix to go to Clear Spring, and for the executor to go to