Cummings v. Robinson

Opinion by McSherry, C. J., ⁷⁵⁹ These same parties were before this Court at the last Jan-' uary term and the case was decided on April the first, nineteen hundred and two. (Ante, p. 83.) The contention between them then was as follows : Administration had been granted to Mortimer Cummings and J. Frank Robinson on the estate of Mary E. S. Cummings, deceased, by the Orphans’ Court of Baltimore City. Among the assets of the estate -was the cash sum of twenty-nine hundred dollars and fifty-five cents, on deposit in the Savings Bank of Baltimore. This money was drawn from the bank by the two administra ⁷⁶⁰ tors and the sum of two thousand and three hundred dollars, being part of it, was deposited in the Fidelity and Deposit Company.

Of the remaining six hundred dollars and fifty-five cents, four hundred dollars were turned over to Robinson, and two hundred dollars and fifty-five cents were retained by Cummings. There were some negotiations had between them as to Robinson’s relinquishment of the administration and it appears to have been agreed that Robinson should retire, but that he should retain the four hundred dollars in compensation for claims held by him against the decedent and for his share of commissions as co-administrator. In accordance with the agreement application was then made to the Orphans’ Court by Robinson for his discharge as co-administrator. It was objected that he was not entitled to be discharged until he accounted for the above-mentioned sum of four hundred dollars.

Finally, however, the Court discharged Robinson without requiring him to state an account, and from a subsequent order refusing to rescind the first order the former appeal was taken by Cummings. This Court reversed the order appealed from because the provisions of sec. j8 of Art. pj of the Code, had not been complied with in this, that the Orphans’ Court neglected to require Robinson to state a full and particular account, under oath, of his receipts and disbursements. The record was remanded so that Robinson might be" required to settle such an account before being relieved of his trust as administrator. The precise question involved on the former appeal was the regularity of the order discharging Robinson without first requiring him to state an account showing his receipts and disbursements.

All that was said in the opinion of this Court had relation to that status of the case. So much for the former appeal. When the record went back to the Orphans’ Court an order was passed directing Robinson to render “a full, complete and satisfactory account of all money or other property that has come into his hands.” Thereupon Robinson did file an account wherein he charged himself and his co-administrator with the whole twenty-nine hundred dollars and fifty-five cents ; and wherein he claimed a credit for two items, viz.: Four hundred dollars paid to himself “in settlement of all claims against the estate for services rendered ⁷⁶¹ deceased during her life and in consideration of waiver of right to commissions, as per agreement entered into by Mortimer Cummings and this accountant;” and two hundred dollars and fifty-five cents turned over to Mortimer Cummings, the co-administrator. Objections were filed to this account by Cummings, upon the grounds, that this Court, on the former appeal had disallowed the four hundred dollars ; that there had been no agreement made by which Cummings stipulated to allow Robinson four hundred dollars ; and also because the effect of the decision rendered by this Court was to require Robinson to surrender the four hundred dollars, paid to him in the circumstances heretofore mentioned.

Three weeks afterwards Robinson filed an amended account charging himself with the same twenty-nine hundred dollars and fifty-five cents and wherein he asked a credit of six hundred dollars and fifty-five cents distributed to Mortimer Cummings as sole distributee. To this account objections were also filed by Cummings. Those objections amount to this: that the amended account is not in conformity with the opinion of this Court on the former appeal, and that the six hundred dollars never were distributed to Cummings. The amended account and objections were then set down for hearing by the Orphans’ Court.

At the hearing the exceptant, Cummings, offered no evidence whatever; but Robinson proved that after he and Cummings had qualified and had entered upon the discharge of their duties as administrators, Cummings concluded that he wanted to manage the estate by himself and accordingly he asked Robinson to resign, at the same time offering him two hundred and fifty dollars as a consideration for doing so. That offer was not accepted, and after further negotiations'it was proposed by Cummings that Robinson