Ramsay v. Thompson

Alvey, C. J., delivered the opinion of the Court. This case comes from the Orphans' Court for Harford County, and the record presents three several appeals from three different orders of the Court, passed on the 6th of June, 1889. The first appeal is from an order dismissing the petition of the appellant, an infant, hy Anna E. Mifflin, her next friend, asking the appointment of George W. Jones and S. A. Williams as her guardians, in the place and stead of Anna E. Mifflin resigned. The second appeal is from an order of the Court refusing to direct plenary proceedings upon the application of the appellant, by her next friend; and the third is from an order appointing Hannah G-.

Thompson, the . mother of the appellant, her guardian, — the appellant being a minor under "the age of twelve years at the date of this appointment. The appellant is an illegitimate child of the late Dr. Sami. J. Ramsay, deceased, by Hannah W. Whitelock, since married to George G. Thompson. Dr. Ramsay died in the fall of the year 1886, and by his will he devised and bequeathed a considerable estate, both real and personal, to this natural child of his, and appointed Miss Anna E. Mifflin the sole executrix of his will, and guardian of his natural child, Maud M. Ramsay,- until the latter should arrive to the age of eighteen years; ,and, expressing a fear that Miss Mifflin might die before his child should attain the age designated, he requested that, as soon as Miss Mifflin should assume guardianship, she would immediately name a successor to herself, in the event of death, with the approval of the Orphans' Court.

Sometime after the probate of the will, Miss Mifflin was appointed guardian to the child, and she gave bond with sureties. Subsequently the sureties in the bond made application for counter-security, and the guardian was, by order of Court required to furnish such counter-security; but, instead of ³¹⁷ furnishing the coxxnter-security, she resigned the guardianship, axxd reqxxested that her appointment should be revoked. At the same time she nominated and recommended for appointment, as her successors iix the office, Geo. AY.

Jones and S. A. AYilliams. The resignation was accepted by the Court, and a citation ordered to issxxe for the mother of the child to appear. After the retuni of the citation, the appellant, by her next friend, Miss Mifflin, filed a petition, stating the facts just recited, and prayed the appointment of Jones and Williams, the nominees of Miss Mifflin, in the place and stead of the guardian resigned. This petition was dis ■ missed, with costs.

Thereupon, the appellant, by her next friend, made application to the Court to direct a plenary proceeding in the matter; but that application was denied. And the Coxxrt then, by its order, appointed the mother of the child its guardian, and accepted and approved her boixd as such. It is from these orders that the several appeals have been taken. Upon this state of facts, it is very clear, that, xmless the nomination of Jones and Williams by Miss Mifflin was binding and conclusive xxpon the Orphans’ Coxxrt, and deprived that tribunal of the right to exercise its jxxdgment and discretion in the selection and