Noel v. Noel

¹⁴⁸ Parke, J., delivered the opinion of the Court. On the death of Jacob S. Noel intestate, with his wife, mother, and brother and sister surviving him, the Orphans’ Court of Baltimore City, on January 27th, 1936, appointed his surviving wife, Ethel M. Noel, his sole administratrix. On August 19th, 1936, the mother, Mary J. Noel, filed a petition for the revocation of the letters of administration granted to the surviving wife. The other relief prayed is that the administratrix be compelled to account for certain personal property which she is accused of concealing or having in her hands and omitting to return in an inventory of the estate of her intestate.

In this petition the next of kin of the intestate are stated, and it is alleged that the widow and mother are the distributees in equal moieties of the personalty. The petition alleges that the administratrix estimated the probable value of the personal estate to be $1,000, and that she had given bond in that amount, qualified, and) had proceeded with the administration of the estate, but had not filed an inventory. It appeared from the petition that the intestate had rented a safe deposit box which on January 31st, 1921, he had transferred from his own name to “Jacob S. Noel, Mary J. Noel and Maud Noel Welsh, access to either, to the survivor or survivors, any one of the tenants to have the right to exchange or surrender the same.” Maud Noel Welsh was the sister and Mary J. Noel the mother- of the intestate. In this box, at the time of the death of Jacob S. Noel, were unregistered bonds ($8,205) ; cash ($7,095.50) and stocks in the name of Jacob S. Noel ($14,118.20), of the estimated value of $31,418.70.

In another safe deposit box held in the joint names of Jacob S'. Noel and Ethel M. Noel there were other valuable stocks ($10,800) and-a check for $3,362.85. The cash and securities in both boxes arei claimed by the wife as her several property, while the mother and sister of the intestate assert that a valuable portion is their property1 and the residue is a part of the estate of the intestate. The petition further charges that the intestate was ¹⁴⁹ in the business of dyeing, cleaning, and pressing in Baltimore, and that his widow 'has continued the business, and has used a motor truck and automobile of the intestate for her own personal purposes, and has claimed these vehicles and a diamond ring of the intestate and other personal effects, but of all these she has made no return to the Orphans’ Court as part of her intestate’s assets.

The petition sets forth in detail negotiations between the parties for a settlement of their conflicting claims; the failure of these efforts because of the assertion by the wife of her absolute ownership of all the property involved; and her contention that the intestate had no property at death except some of trifling value. The petitioner further avers the administratrix to be incompetent and neglectful of her duty; and specifically charges (1) that she has omitted to return in an inventory of assets stocks in the name of Jacob S. Noel, cash and unregistered bonds of the estate in the value of $31,418.70'; (2) that she has failed to return in an inventory stocks in the name of Jacob S. Noel of the value of $637.50; two motor vehicles, cash, stock, fixtures, and other assets of the dyeing, cleaning, and pressing business of Jacob S. Noel; and (3) that she has concealed and omitted to return 900 shares of stock of the Noxzema Chemical Company. For these acts the court is asked to compel the administratrix to answer under oath the charges that she has concealed, or has in her hands and has omitted to return in an inventory, the above mentioned parts of the estate of the intestate. In addition, the petition prays the revocation of the letters of administration granted, on the ground that since the death of the intestate she had converted