Shultz v. Houck

Stewart, J., delivered the opinion of the court : There is no question involved in this case as to the validity of the will of the testatrix, or the right of administration on her estate ; but whether the Orphans’ Court of Carroll’ County was the proper tribunal to receive probate of the will and to grant letters testamentary, accordingly, on her estate — unlike Edwards v. Bruce, 8 Md. 387 , and Stockdale v. Conoway, 14 Md. 99 , referred to by counsel, where litigation grew out of opposing claims, to the right of administration, the proceeding here is rather in the nature of a suggestion, by the petitioner, that the Orphans’ Court had acted improvidently, *in admitting the will in question to probate, and granting letters to the executor named therein. ²⁷ If probate of the will had been made or letters testamentary-granted, improvidently, through fraud, deceit or mistake, there, is no doubt, that upon proper application, in due time, the Orphans’ Court might have annulled such proceeding ; the exercise of such authority, on the part of the -court, being necessarily, of the essence of the power conferred upon them, to admit wills to probate and to grant letters of administration. It does not follow that the petitioner is such a party, or has the 'right to make the application ; or if he were,.that he has done so, in due time, looking to the letter of the law, or its spirit, deducible from legitimate analogy. The Orphans’ Court of Carroll County, had the undoubted power to admit this will to probate and to grant the letters, and having exercised it, their acts and proceedings and the authority of the executor, thereunder cannot be questioned, in any collateral proceeding. The title of the petitioner, in this case, about which he seems to have some apprehension, to the property purchased from the executor, or his right as a creditor, if he were one, could not be defeated, by reason of any of the matters avowed in the petition.

The validity of the will is not denied; nor does he make claim to the administration, in his petition. What interest then has he in the question submitted to the court ? The Orphans’