Oberlander v. Emmel

Briscoe, J., delivered the opinion of the Court. The single question presented on the record in this case, is the residence of Catherine Oberlander, prior to and at the time of her death. The Orphans’ Court of Baltimore City declined to assume jurisdiction of the administration of her estate, and held that she was a resident of Baltimore County, and not of Baltimore City. And from an order of Court, so declaring, and directing that the paper writing, purporting to be her last-will and testament be propounded for probate in the Orphans’ Court of Baltimore County, this appeal has been taken.

The question presented is a narrow one and must be solved by the testimony contained in the record. ²⁶⁰ By sec. 334 of Art. 93, of the Code, it is provided that any will or codicil may be proved in any county or Baltimore City, wherein letters testamentary or of administration may be granted. By the 14th section of the same Article it is. provided in substance, that whenever any person shall die intestate leaving in this State property subject to administration, letters shall be granted in the county wherein was the mansion house or residence of the deceased, or if he had no mansion house or residence then letters shall be granted in the county where the party died. In Stanley v. Safe Deposit Co., 87 Md. 454 , this Court, held, that as the right to admit the will to probate depends, in such a case as this upon the-residence of the testator at the time of his death, the jurisdiction to decide where that residence was, is involved in and is an inseparable part of the power to grant the probate. The Orphans’ Court of Baltimore City, therefore, had the undoubted right to determine the preliminary question of residence in the case at bar, and having decided that the testatrix, at the time of her death, was a resident of- Baltimore County, it had no jurisdiction to admit the will to probate in that Court.

Upon the question of residence, the testimony set out in the record is somewhat conflicting, but upon a careful consideration, we are of the opinion, that it was sufficient to warrant the conclusion reached by the Orphans’ Court, that the residence of the testatrix for the purposes of administration of her estate was in Baltimore County and not in Baltimore City. The testatrix and her husband resided at 806 Scott street, Baltimore City until