Potts v. Potts

Fowler, J., delivered the opinion of the Court.. Perry Potts, late of Talbot County, died leaving a last will by which the appellants, Stephen A. Potts and William H. Potts, were appointed executors. It was duly admitted to probate, and the executors, having accepted the trust, proceeded to administer the estate. On the 19th of October, 1897, they passed their final administration account in the Orphans’ Court of Talbot County.

The appellees who are children of the testa ⁶⁴¹ tor and legatees under his will executed a deed of release to the executors by which they acknowledged full payment of the legacies bequeathed to them, and released the executors from all claims on account thereof. But on the 12th of July last they filed a petition in the Orphans’ Court in the nature of a caveat alleging fraud, undue influence, want of testamentary capacity and that the will was not executed in due form as required by law. In their answer to this petition the executors, after alleging that they had fully administered the personal estate, and had passed their final account, set up and pleaded the foregoing release as an absolute estoppel. The Orphans’ Court, however, on the 27th of September last passed an order adjudging that the answer was not sufficient, and requiring