Maryland Reports, Cases Adjudged in the Court of Appeals of Maryland Volume 9 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ...below in reference to the distribution of funds in the hands of the appellant belonging to the estate of William Pottinger. The facts of the case are briefly these. In 1833, Pottinger died leaving no real, and but a small personal estate, upon which one Annan administered, and on the 14th of June 1834, settled his first and final account in the orphans court, (which was approved by that court, ) in which he distributed the assets to various creditors, including the appellees, the distribution paying but a small portion of their claims; early in 1855 Pottinger's estate became entitled to a distributive share of that of his mother, and in January of that year administration de bonis non thereon was granted to the appellant, Annan having left the State in 1837, and continued a non-resident till his death, some five or six years previous to these proceedings. As soon as appointed, the appellant notified the counsel for the creditors, that he should resist payment of the claims distributed to in the account of his predecessor. He soon after gave the usual notice to creditors, to produce their claims with the vouchers, on or before the 25th of August 1855. In March 1856, the appellant stated an account, which was approved by the orphans court, showing a balance in his hands of $1147.66, and in June following filed a petition in that court, stating, that though he had given the usual notice, no claim or voucher had been presented by creditors, that he had determined not to allow the claims of those distributed to by his predecessor, and would and did rely upon limitations as a full bar thereto; and asking an order of the court, directing him to distribute the fund, so in his hands, to the children or representatives of the deceased. To this...