St. Mary's Female Orphan Asylum v. Hankey

Briscoe, J., delivered the opinion of the court. This is an appeal from an order of the Orphans’ Court of Frederick County, passed on the 14th day of June, 1920, allowing certain commissions to John H. Hankey, administrator c. t. a. of George E. Hankey, late of Frederick County, deceased. It appears that George E. Hankey died on the 20th day of December, 1915, and shortly thereafter John H. Hankey and the Farmers and Mechanics’ National Bank of Frederick County Avere appointed administrators, and continued to act as such until a controversy on the caveat to the will of the deceased was determined and the will was admitted ⁵⁷⁰ to probate. Woodstock College v. Hankey et al., 129 Md. 675 ; Wood v. Hankey et al., 133 Md. 389 .

Shortly after the will was admitted to probate, the Orphans’ Court of Frederick County appointed John H. Han-key administrator c. i. a. of George E. Hankey, deceased. The following statement, of facts have been agreed to be taken and considered as part of the record in the case, to wit: On the 16th day of February, 1917, the Farmers & Mechanics National Bank of Frederick and John H. Hankey, administrators, stated their first and final account, which was approved, and transferred the estate of George E. Hankey, deceased, from themselves as administrators to John H. Hankey, administrator c. t. a., he being one of the original administrators; that when the first and final account of the Farmers & Mechanics National Bank of Frederick and John H. Hankey, administrators, was passed and approved by the Orphans’ Court for Frederick County on the 16th day of February, 1917, the administrators were allowed full commissions of ten per cent, on $20,000 and two per cent, on $793.93, the excess over $20,000, amounting in all to $2,015.88 commissions, which was divided between them when the estate of George E. Hankey, deceased, was transferred from the first administration to the administrator c. t. a.; that subsequently when John H. Hankey, administrator c. t. a., stated his account, a certified copy of which appears in the record, he was allowed full commissions of ten per cent, on $17,863.21, the full amount which was transferred to him by the Farmers & Mechanics National Bank and John H. Hankey, administrators, and also allowed ten per cent, commissions on $1,911.57, being the increase on the sum of $17,863.21, transferred to the administrator c. t. a. It will be thus seen that the value of the personal property, belonging to the estate of Mr. Hankey on the 20th of February, 1917 was $20,793.73, and it is agreed that the ⁵⁷¹ administrators, at that date, received commissions of ten per cent, on the sum of $20,000 and two per cent, on the sum of $793.73. amounting to the sum of $2,015.88 as commissions. In the second and final account of Mr. Hankey, administrator c. t. a» of George E. Hankey, passed by the Orphans’ Court of Frederick County, on the 14th day of June¡, 1920, it appears, as set out in the record, that the administrator charges himself with the sum of $17,863.21 received from the first account, passed on the 16th of February, 1917, and also with the sum of $1,911.57 received from other sources, showing in his hands, at that time the sum of $19,774.78,