Langhirt v. Hicks

Adkins, J., delivered the opinion of the Court. On June 18th, 1925, Margaret Hicks, appellee, filed in the Orphans’ Court of Baltimore City a petition, in which she alleged that Margaretha Langhirt, her mother, had died, leaving a will which had not been offered for probate, and notifying the court that she intended to file a caveat to said will, and praying the court to refuse probate until petitioner had filed her caveat. On July 16th, 1925, she filed in said court the following paper, the will having been filed on July 1, 1925. “And now comes Margaret Hicks, a daughter of said deceased, and withdraws the notice of caveat heretofore filed, herein to the intent and purpose that the said caveat or notice thereof may be dismissed and the said will of Margaretha Langhirt he probated.” This paper was signed by her attorneys, who filed the original petition. The will was duly probated on July 18th, 1925, and letters testamentary granted to appellee and her brother, Matthew A. Langhirt, the executors named in the will, they having duly qualified.

On the same day notice to creditors was issued, signed by the executors, and duly published. On July 21st, 1925, the executors filed a petition for author ³³ ity to pay the undertaker’s bill, which was granted. The record does not show that anything further was done until October 20th, 1926, when appellee filed a petition in which she stated that she was desirous of retiring from and resigning her appointment as one of the executors; that all the assets of the estate were in the hands of her co-executor, and that there were no assets, nor had there been any, in here' hands “except one old sewing machine, nor have there been any disbursements made by your petitioner.” After the usual order nisi, the court, on November 18th, 1926, passed an order releasing and discharging her. On the same day she filed a petition and caveat, in which she alleged that the paper writing which had been admitted to probate was not the will of her mother, and all the other usual allegations, and asking for issues to a court of law, and for process against the other children of testatrix and the remaining executor.

On November 22nd, 1926, answer under oath was filed denying said allegations, and averring “that the said caveatrix has not alleged nor shown in her said petition and caveat such facts as are sufficient in law to remove and get rid of the estoppel of the said caveatrix by reason of her actions heretofore in this court and in this cause set forth in paragraph two of this answer to her said petition and caveat, and where she, as above set forth, filed notice of caveat, subsequently withdrew same and, together with her co-executor, had such will duly probated and duly qualified thereunder as executrix; and did certain matters and things under the authority vested in her as co-executrix as will forever preclude her from attacking the validity of the said will.” To which answer replication was duly filed, denying that any acts were committed by caveator which estopped her from contesting the validity of the will. The case was heard on the petition, answer, replication, and the docket entries and papers of record in the administration proceedings, and the court passed an order that the caveatrix “is not estopped or barred from prosecuting said caveat and that she is entitled to have the issues of fact ³⁴ raised by her said caveat and the answer thereto, as to the validity and genuineness of the