Williams v. Williams

Eccleston, J., delivered the opinion of this court. The parties in this case are the surviving executors of Martha Weld, who died leaving personal estate in Maryland and in Massachusetts, her domicil at that time being in the latter State, and letters testamentary having since been granted in both States. The residuum of the estate is given to twenty-four legatees, twenty of whom reside in Maryland and the other four in Massachusetts. The appellee, as one of the executors, being about to pass a final account in the orphans court of the city of Baltimore, the appellant filed a petition, suggesting that in relation to the Massachusetts’ administration he had incurred expenses amounting to about $50, for which he can obtain allowance in the Massachusetts’ court, but which, according to the law and practice here, are not proper to be allowed in the account about to be passed.

That it will be necessary to pass a final account before the Massachusetts’ court, which will be attended with costs and charges proper to be defrayed out of the assets about to be accounted for. And he prays that, out of these assets, the executors may be directed to retain the sum of $250, to pay the costs of administration incurred, and to be incurred, in Massachusetts, and of passing a final account there; and also to retain, out of the residue, a sum sufficient to satisfy the claims of the four residuary legatees residing in Massachusetts, and to be accounted for before the probate court of that State. The appellee having filed an answer objecting to this application, the orphans court passed an order dismissing the petition. From this order the appeal is taken. ⁴⁷⁰ When there are two administrations upon one estate, that which is foreign to the state of the domicil is usually called ancillary or auxiliary, and as a general rule the assets within such jurisdiction will be transferred to the place of the domicil: but this rule is not absolute or inflexible; on the contrary, the transfer will or will not be made as the court may deem proper, in the exercise of a sound judicial discretion, according to the circumstances of the case.

The general rule however should prevail, unless to obey it would work injustice or injury to