Woelfel v. Evans

Alvey, 0. J., delivered the opinion of the Court. This is an appeal from the Orphans’ Court for Baltimore City. The question presented is as to the validity of a sale of a leasehold property, made under an order of the Court, hy administrators cle bonis non of a deceased married woman.

It appears that Mrs. Hester Evans, a married woman, died intestate in September, 1880, leaving her husband, A. J. Evans, and five children surviving her. Among ³⁴⁸ other personal estate, she was possessed of certain leasehold property, the subject of this litigation. Letters of administration upon her estate were granted to the surviving husband, A. J. Evans, in March, 1881; and in 'the inventory of the estate, filed by him in April, 1881, was included the piece of leasehold property, the subject-matter of this appeal. On June 27th, 1882, he stated, and .had passed by the Court, his first and only account, wherein he charged himself with the amoipnt of the inventory, including the leasehold property.

In this account, after obtaining allowance for costs and expenses of administration, he claimed and received credit, by way of allowance against the amount charged in the inventory, thus: “Allowed this accountant for the balance of said estate retained by him as the surviving husband and. tenant for life, with remainder to his children, viz., a lot of ground and improvements on the north side of Pratt street, 48 feet easterly from Ann street, in the City of Baltimore, and known as No. 262 East Prátt street, valued at $1,600; and sundry household furniture, at $276.70.” Andrew J. Evans, the surviving husband, died in July, 1889, and thereupon liis life estate terminated in the property left by his wife. In August, 1889, application was made for, and letters of administration de bonis non were granted to two of the sons of Mrs. Hester Evans; and in July, 1890, they applied to the Court *by petition for power to sell the leasehold estate left by their mother, as part of her estate remaining unadministered. The order of Court authorizing and directing the sale to be made was passed on the 10th of July, 1890, and the sale was made to the appellant and duly reported to the Court. There was no objection taken by any one to either the granting of letters of administration de bonis non, or to .the order of sale by the Court; but after the sale was reported, the appellant, the purchaser of the prop ³⁴⁹ erty, came in and excepted to the ratification of the sale, upon the ground that the administrators de bonis non had no right or power to make the sale; that the orfler of Court directing the sale was null and void, because the estate, as he alleged, had been fully administered, and