Barron v. Smith

• Decision Date: 25 June 1908
• Citation: 70 A. 225,108 Md. 317
• Parties: BARRON et al. v. SMITH.
• Court: Maryland Court of Appeals

70 A. 225

108 Md. 317

BARRON et al. v. SMITH.

Court of Appeals of Maryland

June 25, 1908

Appeal from Circuit Court No. 2 of Baltimore City; James P. Gorter Judge.

Suit by Joseph Barron and another against Bart. E. Smith, register of wills. From an adverse decree, complainants appeal. Affirmed.

William S. Bryan, Jr., for appellants.

Isaac Lobe Straus, Atty. Gen., for appellee.

HENRY J.

This is an appeal from a suit in equity, brought by the appellants Joseph Barron and Emil H. Goetzke, in circuit court No. 2 of Baltimore City, against Bart. E. Smith, register of wills of said city, the appellee, praying that the defendant may be enjoined from carrying into effect the provisions of chapter 118 of the Acts of 1908 of the General Assembly of Maryland. The bill of complaint, the demurrer thereto, the agreement of counsel, were all filed on the same date, and the avowed object of the suit is to have this court decide upon the validity of the aforesaid chapter 118 of the Acts of 1908.

The bill of complaint, with the amendment thereto, alleges that the said Joseph Barron and Emil H. Goetzke are each of them a taxpayer of Baltimore City, and that for a long time past they have been appointed and selected by the orphans' court of Baltimore City as the persons to whom shall be issued the warrants for the appraisal of the estates of deceased persons under the provisions of sections Nos. 204 to 213 of article 93 of the Code of 1904, and that a great number of such warrants are now in their hands unexecuted but which will shortly and in due course be executed unless the said orators are interfered with by the defendant. The bill then recites the passage of chapter 118 of the Acts of 1908, and states that the said defendant threatens to appoint, and will attempt to appoint under the provisions of said chapter 118 of the Acts aforesaid, four appraisers, who will attempt to interfere with the plaintiffs in the appraisement of the estates of deceased persons for which warrants have been issued, as well as in the appraisement of estates of deceased persons for which warrants may hereafter be issued to the said plaintiffs. The bill alleges that the said chapter 118 of the Acts of 1908 is invalid on account of its defective title, and also because the said act is unintelligible and impossible of execution, and also because it is in conflict with the Constitution of the state of Maryland. The bill also sets forth in full rule No. 10 of the orphans' court of Baltimore City, which, it is conceded was passed by virtue of proper statutory authority, and is the only regulation prescribing the compensation of appraisers in Baltimore City, the first section of which, being the only one pertinent to the question at issue, reads as follows:

"For the time and labor by them, necessarily occupied and expended in and about the inspection, valuation and appraisement of the goods, chattels and personal estate of a decedent and the making of an inventory thereof in conformity with the requirements of the statute law the appraisers shall be entitled to compensation as follows; that is, to say--for every day, or fraction of a day, necessarily occupied in reviewing, examining and valuing the articles to be included in the inventory, exclusive of the time employed in writing out the inventory in form to be delivered by them to the executor or administrator in order to its return to the proper officer, as required by law, they shall be entitled to charge and receive from the executor or administrator so served, three dollars each; and for the preparation of the said inventory in form for delivery and return, as aforesaid, they shall be entitled jointly to charge and receive from the same, ten cents for every one hundred words thereof, including necessary recitals and certificates, to be divided between them in equal shares."

To the bill of complaint the defendant filed a demurrer, alleging that it is insufficient in law because chapter 118 of the Acts of 1908 is a valid and effective act of the General Assembly of Maryland. An agreement between counsel was filed in the case, waiving any objection to the suit because brought in equity instead of in an appropriate action of law. The demurrer to the bill of complaint having been sustained by the court (Gorter, J.), from the order sustaining the demurrer and dismissing the bill the plaintiffs entered an appeal to this court.

Chapter 118 of the Acts of 1908 reads in full as follows:

"An act to repeal section 205 of article 93 of the Code of Public General Laws (as said section stands in the Code of 1904), title 'Testamentary Law'; subtitle, 'Inventory and List of Debts,' so far as said section applies to the city of Baltimore, and a new section to article 4 of the Code of Public Local Laws, title 'City of Baltimore'; subtitle 'Register of Wills,' to follow section 354 and to be designated as section 354-A.

"Section 1. Be it enacted by the General Assembly of Maryland, that section 205 of article 93 of the Code of Public General Laws title, 'Testamentary Laws,' subtitle, 'Inventory and List of Debts' be, and the same is hereby repealed so far as the same applies to the city of Baltimore.

"Sec. 2. And it be enacted that a new section be and the same is hereby added to article 4 of the Code of Public Local Laws, title, 'City of Baltimore,' subtitle, 'Register of Wills,' to be designated as section 354a, to immediately follow section 354 of said article and to read as follows:

"'354a. The register of wills of Baltimore City shall immediately after the enactment of this bill into law appoint four general appraisers to appraise the goods, chattels and personal estate of all estates under administration in the orphans' court of Baltimore City, who shall serve the entire term of the present register of wills unless their places shall become vacant by removal from cause, death, resignation or otherwise; and thereafter, when any other register shall be elected or appointed, he shall in like manner appoint four appraisers for his full term of office. The said appraisers shall appraise the goods, chattels and personal estates of all decedents under administration in the orphans' court of Baltimore City, and shall in each case make the charges therefor now allowed by law and certify the same to the register of wills; they shall receive an annual salary of sixteen hundred dollars each, to be paid by said register out of the fees of the office returned by said appraisers. The said register shall keep an accurate account of all the monies received for such appraisement, and shall account for and pay the same except the amount required to pay the salaries of said appraisers into the State Treasury, as he is now required by law to account for and pay other monies for which he is ac-accountable to the

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