Parshley v. MOTT, EX'R OF ESTATE OF THOMAS T. MOTT

Raine, J., by special assignment, delivered the opinion of the Court. Upon the death of Thomas T. Mott, Sr., his only son, Thomas ⁵⁷⁸ T. Mott, Jr., presented his father’s will for probate to the Orphans’ Court for Montgomery County. At this time the son swore that he was the sole heir and next of kin of the decedent, and letters testamentary were granted to him on October 18, 1961. In fact, the decedent had been married before and his daughter by the prior marriage resided in New England.

Sometime in January 1963 the daughter learned that her father’s will had been admitted to probate, but it was not until October 18, 1963 that she filed a petition for revocation of probate and for caveat. The petition was dismissed by the Orphans’ Court and on appeal to the Circuit Court the action was upheld by Judge Pugh, who granted a summary judgment in favor of the son. It is from this judgment that the daughter appeals to this Court. The record does not disclose whether the appellee’s misstatement was innocent or deliberate.

Apparently he contends that he was unaware of his half-sister’s existence. In either event, the appellant cannot prevail. It is highly desirable that there should be a prompt settlement and distribution of decedents’ estates, and the policy of the law has been to prevent any unnecessary