Katz v. Katz

Collins, J., delivered the opinion of the Court. On June 2,1.944, Nettie Katz named as the appellee here, filed in the Circuit Court of Baltimore City a bill of complaint against her husband, Morris Katz, appellant here, praying: a divorce a mensa et thoro; that the respondent be required to account for rents received by him from properties owned by the parties to this suit as tenants by the entireties; that the respondent be restrained by preliminary injunction from collecting the rents from these properties and that a trustee be appointed to collect and divide these rents; that the respondent be restrained by injunction from collecting the rents and using the money solely as his own; that the respondent be ordered to pay a reasonable sum as alimony pendente lite, permanent alimony, costs of the proceedings, counsel fee unto the solicitor for the complainant; that the Court decree that whatever rents or income derived from the properties or bank accounts of the parties shall be divided equally between them; and for other and further relief. After answer filed the case was set for hearing. The divorce case was never tried.

It is claimed that the parties reached an agreement partly in writing and partly in parol, submitting certain of their property ⁵³⁹ rights to the Chancellor for determination. Nettie Katz, the complainant, died on the 9th day of June, 1945. Subsequent to her death, the Chancellor, acting both as chancellor and arbitrator, on April 5, 1946, filed a paper entitled, “Opinion, Award and Decree,” in which he attempted to settle the rights of the parties to the case, under agreement, in respect to their real and personal property. On June 6, 1946, attorneys for “the Estate of Nettie Katz” filed a motion asking that a decree be passed on the award.

After subsequent pleadings the Chancellor, on November 21, 1946, filed a memorandum in which he denied the motion of Morris Katz to strike from the files of the proceedings the “Opinion, Award and Decree”; overruled and denied the motion of Morris Katz for decree dismissing the bill of complaint; overruled the exceptions of Morris Katz to the award filed; overruled the demurrer of Morris Katz to the award; overruled and denied the motion of Morris Katz not to receive and to strike from the files the motion of the “Estate of Nettie Katz” for decree on award. He also denied the motion on behalf