Pyles v. Bowie

Thomas, J., delivered the opinion of the Court. It appears from the record in this case that William H. Bowie, of Prince George’s County, died in August, 1912, leaving a widow and infant children, who were also the children of his said widow. Letters of administration were granted to W. E. Pyles on the 3rd of December, 1912, and on the same day appraisers were appointed. An inventory of personal property was returned December 17th, 1912, and on the 7th of January, 1913, the letters granted to W. E. Pyles were revoked; letters of administration were granted to Thomas Bowie, the appellee, and an order was passed for the sale of the personal property.

A list of sales of personal property was filed February 4th, 1913, and on the 16th of August the Orphans’ Court of Prince George’s County approved and passed the appellee’s “First and Final Account” as amended, in which he is charged with the proceeds of sales of personal property and cash to the amount, of $381.30, and allowed credit “for payments and disbursements” amounting to $356.58, leaving a balance, applicable to the payment of the debts of the deceased, of $24.72. One of the credits allowed is as follows: ¹⁵ “And for this sum due to the widow, Alice Victoria Bowie, as widow of William H. Bowie, for allowance out of the personal estate after payment of funeral expenses as provided in section 304, Art. 93, of thp Code of General Laws of Maryland, being a widow with minor children, the said William II. Bowie having died in August, 1912, and the said Alice Victoria Bowie having died on or about December 20, 1912, leaving two adult and two minor children. .$150.00.” From the order of the Court passing the account, a creditor of the deceased, to the amount of $190.73, has appealed. The record does not show that the appellant filed exceptions to the account in the Orphans’ Court, but we assume that he did object to it, and it is stated in the' brief filed in his behalf that the only amendment was the addition to the above item of the words, “being a widow with minor children,” etc., and that the objection was to said allowance to the widow.

The ground of the objection urged in the appellant’s brief is that the widow having died on December 20th, 1912, without having made any claim or election under section 308 of the Code of 1912, no allowance to her can be made, under that section. It does not appear from the record that she did not make a demand for the money or property to the amount of $150, but as letters of administration were not granted until December, 1912, and the inventory of personal property was not returned until December 17th, three days prior to her -death, the probabilities are that she did not. Section 291 of the Code of 1860 authorized a widow to “take to herself and apply to her own use and the- use of her children, such household and kitchen furniture, or other personal property, as she may choose,” to the value of $150, '“according to the invemtary and appraisement,” provided that the account of property so selected by her be deducted from her distributive share of the personal estate. Under- ¹⁶ the