Willis v. Jones

Miller, J., delivered the opinion of the Court. This appeal is from an order of the Orphans’ Court revoking letters of administration on the personal estate of Mrs. Mary E. Jones, deceased. Mrs.1 Jones died intestate and leaving children, in April, 1874, and shortly thereafter administration upon her estate was granted to her brother the appellant. In May following, James M. Jones filed his petition praying revocation of these letters on the ground that he was the surviving husband of the deceased, and that the grant of them was contrary to law, and in contravention .of his rights in her property.

After answer by the administrator the proceedings were made plenary, testimony taken, and upon hearing the Court revoked the letters. It is quite clear from the proof, that the deceased acquired and held whatever personal property she died ⁴²⁴ possessed of, under the 1st section of Article 45 of the Code, and by the 2nd section of that Article her surviving husband was entitled to a life estate therein. In Hubbard & Wife vs. Barcus, et al., 38 Md., 175 , this Court without determining whether under any circumstances administration can he granted upon the estate of a married woman, dying intestate, whilst her husband survived her, affirmed an order refusing the grant during the life of the surviving husband, when her property was thus acquired and held. That case is decisive of this unless the husband has validly parted with his rights or been lawfully deprived of them.

But the appellant whilst admitting the marriage and that the parties lived together until shortly before the 15th of February, 1873, contends that at that time there was a formal separation between them, the husband consenting to a decree of divorce on the bill of the wife then pending, and that he then abandoned his marital rights over her and her estate. In support of this position a written instrument signed by the parties on that day has been produced, and upon the construction and legal effect of that paper, the question whether the husband has surrendered the rights on which he now insists, must he determined. By that instrument the parties agree to compromise all their troubles on the following terms: the husband agrees to deed or have deeded to the wife, all his rights to her farm and piece of land adjoining, to give her all the furniture in the house with the exceptions hereinafter mentioned, to pay her $300 in cash, and to give her the things out of doors and round about the premises, and to withdraw all suits against her: She agrees to deed all her right in the house and lot