Colley v. Britton
Decision Date | 08 June 1956 |
Docket Number | No. 178,178 |
Citation | 210 Md. 237,123 A.2d 296,58 A.L.R.2d 1063 |
Parties | , 58 A.L.R.2d 1063 Claude Carolyn COLLEY, Executor of the Estate of Marie C. Colley, Deceased, v. Norma Hardy BRITTON, Executrix of the Estate of Alice H. Read, Deceased. |
Court | Maryland Court of Appeals |
Downey Rice, Washington, D. C. (Rufus King and Rice & King, Washington, D. C., on the brief), for appellant.
Patricia Warren, Washington, D. C. (Albert Brick, Washington, D. C., on the brief), for appellee.
Before BRUNE, C. J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.
This is an appeal from an order of the Orphans' Court for Prince George's County, Maryland, dismissing the petition of Marie C. Colley that the previous order of that court, approving the first and final administration account of Norma Hardy Britton, executrix of the estate of Alice H. Read, deceased, appellee, be annulled, revoked and set aside. A suggestion of the death of Marie C. Colley was filed in this Court and Claude Carolyn Colley, executor of the estate of Marie C. Colley, was substituted as appellant in the place and stead of the said Marie C. Colley.
Alice H. Read, a resident of Riverdale, Prince George's County, died on January 17, 1954, leaving a last will and testament dated October 24, 1950, which provided, among other things:
On April 13, 1953, Miss Read executed a codicil to her will of October 24, 1950, which provided: The will and codicil were admitted to probate on March 30, 1954.
Norma Hardy Britton was granted Letters Testamentary. On March 18, 1955, Mrs. Britton filed a first and final account showing total assets of $4,439.61 and in which, among other distributions, she made the following:
"This Executrix waives her commission and pays to the Register of Wills 1% tax $ 44.50 To Norma Hardy Britton, attorneys fee 500.00 To Mrs. Louise Allen, shown on page 3 100.00 --------- * * * * To Norma Hardy Britton, as per terms of Will $2000.00 see Page 2 Less 7 1/2% Tax 150.00 1850.00 ------- To Register of Wills Tax 150.00 To Marie C. Colley, rest and residue as per terms of Will $444.54 Less 7 1/2% Tax 33.34 411.20 ------- To Reg. of Wills Tax 33.44"
Sometime about August 9, 1955, Marie C. Colley, the residuary legatee, filed a petition in which, among other things, she alleged: Court. From an order, signed by two judges of that court dismissing the petition of Marie C. Colley, an appeal was taken by Mrs. Colley's attorneys to this Court. As above stated, after her death, Claude Carolyn Colley, executor of her estate, was substituted as appellant.
Testimony before the Orphans' Court showed that Miss Read was born June 22, 1874. She first met Mrs. Britton in 1925 in the office of the law firm handling Miss Read's mother's estate. Miss Read had gone there for an advancement from the estate, stating that she had no money. This was refused by the law firm. Mrs. Britton, however, gave her some money. They had been intimate friends since that time. Mrs. Britton had also been her attorney for many years. The aforesaid will of October 24, 1950, was drafted for Miss Read by Mrs. Britton. Miss Read took this will to her doctor's office where it was witnessed by the doctor and his secretary. Mrs. Britton testified that, when Miss Read insisted that she be left $2,000, she told Miss Read:
On April 11, 1953, Miss Read wrote a letter directed to Mr. Herbert B. Lord, bank official of National Savings and Trust Company of Washington, where she had a safety deposit box, and which letter read as follows: Court, who saw and heard the witnesses, found that Mrs. Britton entered the safety deposit box on April 20, 1953, and that there was an inescapable conclusion that Mrs. Britton 'effected the change in the bonds to make them payable on death to her.'
In reference to the attorney's fee in the amount of $500 allowed in the account to Mrs. Britton, who was not a member of the Maryland Bar, the Orphans' Court stated: 'Although such practice is now forbidden by this Court, Britton was, at the time, acting in accord with the general practice of this Court then prevailing and permitted.'
The appellant contends that the words 'This is done so that she can take the bonds immediately upon my death and not have to wait for the...
To continue reading
Request your trial-
Piper Rudnick LLP v. Hartz
... ... He did not either add to or protect the estate." ... Id.; see also Colley v. Britton, 210 Md. 237, 250, 123 A.2d 296, 303 (1956) (citing Gradman, Eisenberg, and Sullivan and holding that the attorney's fee should not ... ...
-
Schlossberg v. Schlossberg
... ... revoked or altered by the codicil to include any alterations made before the date of the codicil, it speaks from the date of the codicil.' Colley v. Britton, 210 Md. 237, 247, 123 A.2d 296, 301 (1956). A codicil executed in due form republishes a will as amended by a previous codicil. Syfer ... ...
-
Stonebrook's Estate, In re
...will and the codicil, * * *.' 96 C.J.S. Wills § 1180, page 1017, is to the same effect. An annotation to Colley v. Britton, 210 Md. 237, 123 A.2d 296, 58 A.L.R.2d 1063 at 1072, 1074, states: 'In the overwhelming majority of cases, it has been held or stated that, in the absence of expressed......
-
YIVO Institute for Jewish Research v. Zaleski
... ... Associated Professors of Loyola College v. Dugan, 137 Md. 545, 550, 113 A. 81, 83 (1921) ... In Colley v. Britton, we reaffirmed the law of ademption by satisfaction. We said: ... It is also established law in this State that when in his lifetime a ... ...