Glenn v. Reid

Briscoe, J., delivered the opinion of the Court. This case presents two appeals from the Orphans’ Court of Baltimore City by John Glenn, trustee of the National Express and Transportation Company. The first is from an ‘order of the Court passed on the 5th day of November, 1890, revoking letters of administration granted to A. Robinson White on the estate of John 0. Reid, deceased.

The appointment was made on the 11th ²⁴⁰ day of February, 1885, upon petition.filed by John Glenn, trustee, as aforesaid, alleging that he, Glenn, was a creditor of the estate of the said Reid, by virtue of a decree of the Chancery Court of the City of Richmond, by which an assessment had been levied on the stock of the said company, in which said Reid was a shareholder, and which assessment he was directed by the decree to collect. The order revoking letters of administration to White was passed after a hearing by the Court, upon petition of the widow and all of the children of said Reid, deceased, and upon answer thereto by A. Robinson White, administrator. The petition represented that the widow and children had renounced their right to administer on the' estate of said Reid, and that on the 5th of February, 1890, the Orphans’ Court had appointed J. Alexander Preston, at their request, administrator of said estate. We do not therefore, deem it necessarj- to express any opinion as to the propriety, of this appointment, nor to the action of the Orphans’ Court in making it, because the appeal must be dismissed for reasons apparent upon the face of the record.

The appeal is taken by John Glenn, trustee, and it is apparent that he has no such interest in the subject-matter of the order or decree as entitles him to a standing in this Court. Nor does it appear that he has been in any way injured by the order appealed from. Parties asking a reversal of an order of the Orphans’ Court must appear to have an interest in the subject-matter of the decree, or decision appealed from, or to have been injured by the order appealed from. Cecil vs. Cecil, et al., 19 Md., 76 ; Parker and Wife vs. Gwynn, 4 Md., 423 .

For these reasons the first appeal in this case will be dismissed. The second appeal is based upon an order of the Court ■ passed on the 12th day of November, 1890, appointing J. Alexander Preston, Esq., administrator of said estate ²⁴¹ In the place of White whose letters had been revoked. The facts as disclosed by the record are these: John Glenn, trustee of the National Express and Transportation Company after the revoking of the letters granted to White, filed an amended and supplemental petition to the one previously