Craig v. Craig

• Decision Date: 25 January 1922
• Docket Number: 89.
• Citation: 117 A. 756,140 Md. 322
• Parties: CRAIG et al. v. CRAIG.
• Court: Maryland Court of Appeals

117 A. 756

140 Md. 322

CRAIG et al. v. CRAIG.

No. 89.

Court of Appeals of Maryland

January 25, 1922

Appeal from Circuit Court of Baltimore City; H. Arthur Stump, Judge.

Suit by Thomas Hughes, as administrator in Maryland of George E Craig, deceased, against Narcissa B. Craig and Mary W. Craig and others for instructions with reference to a contract for the sale of a leasehold interest by Mary W. Craig and others to Narcissa B. Craig. From a decree directing the administrator to recognize the contract, Mary W. Craig and others appeal. Affirmed.

Edward Duffy, of Baltimore (W. J. Zacharias, of Chambersburg, Pa on the brief), for appellants.

Forrest Bramble, of Baltimore, for appellee.

PATTISON J.

George E. Craig, a resident of Chambersburg, Franklin county, Pa died in the month of September, 1918, after having first made his last will and testament, by which he devised and bequeathed unto his wife, Narcissa Brewster Craig, the income of his estate, both real and personal, during her life or widowhood, and upon her death or marriage his estate was to go to his three sisters, Mary W. Craig, Carrie M. Craig, and Arianna Craig Jones, subject, however, to the provision therein contained that "at the death of either of my sisters, their share to go to my nephew, Meredith C. Jones and niece, Aria N. Jones." His nephew, Meredith C. Jones, was appointed his executor, and he thereafter qualified as such executor in the state of Pennsylvania. His widow, Narcissa B. Craig, renounced the will and elected to take the part of the testator's estate to which she would have been entitled had he died intestate.

It appears from the record that at the time of his death the testator was the owner of a leasehold interest in a house and lot of land in Govans, Md.

Those entitled thereto under the will of George E. Craig, deceased, including his widow, Narcissa B. Craig, all of whom were adults, determined to sell the said leasehold property in Maryland, and so placed it in the hands of Caughy, Hearn & Co., real estate brokers of Baltimore city, for sale, and it was by them sold to Narcissa B. Craig for the sum of $4,500. To consummate the sale, the executor and the sisters, nephew and niece of the testator, on the 17th day of October, 1919, entered into a written agreement with Narcissa B. Craig, the widow, by which they sold unto her the property at and for the sum mentioned, of which $100 was paid in cash, and the balance was to be paid within 30 days thereafter, and upon its payment the vendors were to convey unto the vendee a merchantable title to the property.

It was afterwards discovered, however, by the parties to the agreement that it was necessary, in order to pass title to said property, that letters of administration should be taken out in this state, and letters of administration were thereafter issued out of the orphans' court of Baltimore city to Thomas Hughes, as administrator in Maryland of George E. Craig, deceased.

After his appointment and qualification, Mr. Hughes proceeded to confirm the action of the parties in the sale of the said leasehold property, and complete the title to the property sought to be conveyed by said parties to the widow, by a sale from him, as administrator, to her, the vendee named in said agreement; and on the 14th of May he obtained from the orphans' court of Baltimore city an order authorizing and empowering him as administrator to sell the said leasehold property, at public or private sale, upon the condition, however, if sold at private sale, it should not be for less than the appraised value. Its value at that time had been appraised at the sum of $4,500.

At this juncture in the proceedings Mr. Hughes learned that the Title Guaranty & Trust Company was examining the title to said property, and, when he called upon the officers of that company, he learned from them that Mrs. Craig had, shortly after she purchased the property, sold it to one James P. Dougherty at and for the sum of $5,600. Upon obtaining this information he was uncertain as to what he should do. A sale of the property was then pending, awaiting confirmation, at $5,600, and he did not feel that he should sell it under the order of the court for the sum of $4,500, and so he wrote Mr. Zacharias, counsel for the executor in Pennsylvania, as well as for all the devisees under the will of George E. Craig, deceased, except Narcissa B. Craig, telling him of what he had learned in relation to the sale to Dougherty. In reply to this letter, Mr. Zacharias told him that his people would decline to stand by the contract, and Mr. Bowers, counsel for Narcissa B. Craig, informed him that he would insist upon the fulfillment of the contract.

In this condition of affairs Mr. Hughes filed his bill of complaint in the circuit court for Baltimore city, setting forth the facts that we have stated and others, asking therein: First, that the court undertake the further administration of the estate in his hands; second, that it pass upon the rights and obligations of the parties to the contract of sale of the 17th of October, 1919, so far as it affects his obligations with reference thereto; third, that it pass upon the rights and obligations of James P. Dougherty, under his contract with Narcissa B. Craig, to the extent, if any, that he must recognize the contractual relations between them; and, fourth, for general relief.

To this bill the executor and all the devisees of George E. Craig, including his widow, Narcissa B. Craig, and Dougherty were made parties defendant.

Answers were filed by each and all of the defendants, and the court, after hearing the evidence in the case, passed the following decree:

"It is thereupon this 1st day of July, in the year 1921, by the circuit court of Baltimore city, adjudged, ordered, and decreed that, the renunciation by the widow of the testator having been assented to as affective by all parties, therefore the estates in remainder under said bill are accelerated so as to become affective by reason of said election of the widow to renounce the will, and said remainders therefore do not await the decease of the widow for their vesting. It is further adjudged, ordered, and decreed that the said administrator report to the orphans' court of Baltimore city a sale to Narcissa B. Craig, the widow of the testator, for $4,500, pursuant to the contract of

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