McGuire v. Rogers

Stone, J., delivered the opinion of the Court. On the 6th of August, 1889, the Orphans’ Court of Howard County passed an order revoking the letters of administration granted to D’Arcy upon the estate of his son Thomas B. Dorsey, and on the same day appointed the appellant, McGuire, administrator in the place of D’Arcy, removed. The revocation of the letters of D’Arcy was made for good and sufficient reasons., and there is no dispute upon that point. But from what we can gather from the record, Rogers, the appellee, who is admitted to be the largest creditor of the estate of Thomas B. Dorsey, complains that sufficient time was not allowed him, after the letters of D’Arcy were revoked to claim his right to letters of administration.

By section 33 of Article 93 of the Code, it is provided that no notice need be given to a party entitled to administration, if he is- out of the State, and that it is not necessary to notify any relations except a widow, child, grandchild, father, brother, sister or mother, even if they are within the State. ⁵⁸⁹ By the agreed statement of facts in this case it appears that at the time of the revocation of the letters of D’Arcy, Thomas B. Dorsey the intestate had no relations living in this State who were entitled, as a matter of right, to notice before the Orphans’ Court granted the letters to McG-uire. By the 30th and 31-st sections of Article 93 of the Code, it is provided that if there be no relations, administration shall be granted to the largest creditor applying for the same, and that, if the relations who are entitled to notice, are incapable or decline upon proper summons or notice, or if other