Ex parte Walsh

Weisel, J ., delivered the opinion of this Court. The order passed in this case by the Orphans’ Court of Allegany county was upon an ex-parte application of the administrator himself. He appeals from the order because it directed him to he charged with interest on the balance in his hands from the 5th day of February, 1857. He alleges in his report a petition to the Court below, for its further action; that having made all endeavors to find out the next of kin of his intestate, he applied to the Court to lend the money out, and the Court refused it, and that the money has remained necessarily in his hands in consequence of this refusal.

He relies upon the case of Mickle vs. Cross, 10 Md. Rep. That, however, was the case of a known legatee, who would neither receive nor renounce the legacy bequeathed to him, and who was repeatedly applied to, to take the money ; the executor investing a portion of the fund and having cash for the residue to meet its payment whenever demanded. The law allows an executor or administrator in any case where money is thus in his hands, to apply to the Orphans’ Court for an order to invest it, and the Court has ⁴⁹⁸ power in its discretion so to direct. An appeal from an order of refusal, in a matter of discretion, would not lie, and, therefore, the administrator in such case would not he at fault, but the Court itself.

( 1831, ch. 315, secs. 4 and 6, 1 Code,