Slay v. Beck

Burke, J., delivered the opinion of the Court. The question raised by this appeal is a narrow one, and arises out of the following state of facts. Mr. Richard D. Hynson of Kent County died intestate in the year 1907, leaving surviving him a widow, Mrs. Emma A. Hynson, and five minor daughters. He also left a mother, Mrs. Caroline L. Hynson, and two sisters, Mrs. Rogers, a widow, and Mrs. Augusta E. Slay, the appellant in this case.

On the 24th of June, 1907, Mrs. Hynson, the widow, renounced her right to administer upon her deceased husband’s estate, and requested the Orphans’ Court of Kent County to grant letters of administration upon his estate to William W. Beck and Lewin W. Wickes, which was done. Mrs. Rogers renounced her right to administer upon her brother’s estate, and requested that letters of administration thereon be granted to her sister, Mrs. Slay; but no renunciation of her right to administer was filed by the mother, Mrs. Caroline L. Hynson. On July 9th, 1907, Mrs. Slay filed a petition in the Orphans,’ Court of Kent County alleging that the grant of letters of administration to the appellees was illegal, and asking that the grant of letters to them be revoked. The appellees answered this petition, and to their answer a replication was filed by the appellant.

The material and substantial averments of the petition, answer, s and replication are stated in the opinion of this Court in the case of Slay v. Beck et al., reported in 107 Md. The administrators asked that certain issues of fact raised by the pleadings be transmitted to a Court of law for trial, and the Court ordered that the seven issues, set out in the record of the above mentioned case of Slay v. Beck et al., be sent to the Circuit Court for Kent County for trial. From that ⁷⁴ order the appeal in that case was taken. Upon that appeal this Court decided; first, that the widow of the deceased