Edelen v. Edelen

TuoiC, J., delivered the following separate concurring opinion. Without expressing any opinion as to tire reasons assigned by the other members of the court for reversing the order from, which this appeal was taken, I desire to confine my concurrence in the reversal to the single ground, that the pendency of the proceedings on the issues sent to the Circuit court for ⁵⁷ trial, at the time the order of the 23rd of July 1855 was passed, suspended further action by the orphans court, as to the right of administration, until the final termination of that controversy. Offutt & Clagett, vs. Gott, 12 G. & J., 385 . State, use of Calvert, vs. Williams, 9 Gill, 172 .

Le Grand, C. J., delivered the opinion of this court. This is an appeal from an order of the orphans court for Prince Georges county, passed on the 23rd day of July 1855, revoking the letters of administration granted to the appellant on the 15th day of March 1853, and granting letters of administration pen dente lite to the appellee. The fac(s of the case may bo thus stated: Francis Edelen died in September 1852; on the 15th day of March 1853, letters of administration were granted to his widow, the appellant. On the 27'tli day of March 1853, the appellee filed his petition in the Orphans court asking that a certain paper presented to the court might be admitted to probate as the last will and testament of Francis Edelen, and that the letters which had been granted to his widow, the appellant, might be revoked and letters testamentary be granted to him, he being one of tire executors named in said paper, the other having renounced all right to administration.' On this petition, issues, involving the validity of the paper-presented as a testamentary disposition of the property of Francis Edelen, were framed and sent to the Circuit court for Prince George’s county, and there tried.

The case so framed and tried was, on appeal, brought up to this court and the ruling of the Circuit court therein was overruled and the