Lowndes v. Cooch

Roberts, J., delivered the opinion of the Court. This appeal is from a decree of the Circuit Court No. 2, of Baltimore City, sustaining a demurrer to the bill of complaint and dismissing the same. The facts are, that Nathaniel H. Clark, a resident of the State of Delaware, departed this life on the 18th of March, 1892, leaving, a last will and testament, by which he bequeathed to his brother, Moses Clark, the dividends to accrue upon the stock held by the testator in the Commercial and Farmers’ National Bank of Baltimore, during his life, and thereafter the°said stock was bequeathed to his “ friend, Andrew Lowndes, of Baltimore.” Mr. Lowndes died on the 16th of March, 1892, two days prior to the death of the testator Clark. The dividends upon said stock were paid to the said Moses Clark, the life-tenant, during his life; he having only recently died.

The children of said Andrew J. Lowndes, subsequently to the death of the life-tenant, assigned all of their interest in said bequest to their mother, who is the appellant in the record of this appeal. This bill is filed’ against J. Wilkins Cooch, the executor of said testator and ⁴⁸⁵ against the said bank, to compel the transfer to the appellant of the stock bequeathed to said Lowndes. The will of the testator has been admitted to probate in the Orphans’ Court of Baltimore City and letters testamentary have been granted by said Court to said executor. The bank answered the bill, disclaiming any interest in the controversy, and submitting its rights and liabilities to the order and direction of the Court below.

Cooch, the executor, demurred to the bill and whilst relying on the same, he, by way of answer, set up the defence that there is no statute in the State of Delaware similar to that of our own State to save the lapsing of a legacy given by a testator to one dying before him, which is the meaning and effect of sec. 313, Art. 93 of Code. The leading inquiry, therefore, which this appeal presents is, does the law of Delaware or the law of Maryland control the disposition of the bank stock in controversy here ? The facts of this case are few and easily understood, and the law is well settled and free of difficulty. It is undoubtedly true that so far as it can be done consistently with its own interests, one country will respect and give effect to the laws of another.

This doctrine finds expression in the legal maxim that mobilia sequuntur personam, which is the maxim of our own as of the Roman law, while things immovable are governed by the lex rei sites. The leading case in this State is that of Noonan v. Kemp, 34 Md. 73 . The facts are briefly, that David Kemp, a citizen of this State, bequeathed to his daughter, Mrs. Noonan, who then resided with her husband in the State of Kentucky, certain distributive portions of his personal estate. Mrs. Noonan survived her father and died in the State of Kentucky, leaving her husband and two children surviving her.

No distribution of her father’s estate was made until after her death. Her surviving husband claimed the portion which had been distributed to his wife. It was admitted that by the law of Kentucky the surviving husband was entitled to the personal estate of his deceased wife. Robinson, J., in delivering the opinion of this Court in that case said: “ If there be a ⁴⁸⁶ principle of international law settled beyond dispute, it is that the succession to personalty is governed and regulated by the law of the domicile, &c.” And he quotes approvingly the language of Chancellor Kent, in 2 Kent's Comm. 429, where he says, “ It has become a settled principle of international jurisprudence, and one founded in a comprehensive and enlightened sense of public policy and convenience, that the disposition, succession to and distribution of personal property, wherever situated, is governed by the law of the country of the owner’s or