Langfelder v. Langfelder
| Decision Date | 08 July 1947 |
| Docket Number | 158. |
| Citation | 54 A.2d 312,189 Md. 88 |
| Parties | LANGFELDER v. LANGFELDER. |
| Court | Maryland Court of Appeals |
Appeal from Orphans' Court of Baltimore City; Leo J. Cummings and Joseph W. Seltzer, Judges.
Contest between Joseph Langfelder and Adolph Langfelder, brothers for letters of administration on the estate of Annie Glasel. From the order appointing Adolph Langfelder as administrator of the estate, Joseph Langfelder appeals.
Appeal dismissed.
Harry O. Levin, of Baltimore, for appellant.
Hiram J. Weiskopf, of Baltimore, for appellee.
Before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.
This is a contest between two applicants for letters of administration on the estate of Annie Glasel, a resident of the City of Baltimore, who died on November 16, 1946.
On December 28, 1946, Adolph Langfelder, a surviving brother of the deceased, petitioned the Orphans' Court of Baltimore City to appoint him administrator of her estate. He alleged in his petition that the deceased left personal property having an estimated value of $55,000, about $25,000 of which is located in Baltimore, and about $30,000 in New York. He alleged that he had made diligent search for a will but none has come to his knowledge or possession. He further alleged that the deceased is survived by the following heirs: the petitioner, who resides on Brookfield Avenue in Baltimore; Joseph Langfelder, another brother, who resides in Brooklyn, New York; a sister, who resides in the Bronx, New York; a sister, who resides in Miami Beach, Florida; and the children of two deceased brothers.
On December 31 Joseph Langfelder filed a similar petition alleging that his deceased sister left personal property having an estimated value of $60,000, and praying the Orphans' Court to grant letters of administration to his brother and himself.
On December 31 the Court, after considering both petitions, granted letters of administration on the estate of the deceased to Adolph Langfelder, the first petitioner, and ordered him to give bond with corporate surety in the penalty of $25,000. The Court thereby refused to appoint the second petitioner as a coadministrator. From the order appointing Adolph, Joseph entered this appeal.
The Maryland testamentary statute provides: 'If there be neither surviving husband nor widow as the case may be, nor child, nor grandchild, nor father, the mother shall be preferred, and next to the mother, brothers and sisters shall be preferred.' Code 1939, art. 93, § 22. It is clear that where two or more persons form a distinct class, all of whom are equally entitled to be granted letters of administration, the selection of one of them, without regard to seniority, to the exclusion of the others, is committed by the Legislature to the discretion of the Orphans' Court, and from the order of the Court making such determination no appeal will lie. Bowie v. Bowie, 73 Md. 232, 235, 20 A. 916; Dorsey v.
Dorsey, 140 Md. 167, 170, 116 A. 915. In the instant case the appellant and the appellee are both in the same class preferred by the statute. Consequently the Orphans' Court had the authority to make the selection and appoint the appellee, rather than the appellant.
The contention of the appellant is that the grant of letters of administration was improper on the ground that the Court passed the order without taking testimony and making any record. He says that, after the two separate petitions were filed praying for letters of administration, there were no answers or other pleadings; that there was no proceeding other than an informal discussion by the attorneys for the petitioners before the Court; and that no stenographer was present to take down the discussion of the attorneys. It is undeniable that the power conferred by the Legislature upon the Orphans' Courts to grant letters to one of a class entitled to administration is not an arbitrary or capricious discretion, but a judicial discretion, which must be exercised in accordance with the rules of law laid down by the Legislature. While orders passed in the exercise of the discretion conferred upon the Orphans' Court will not be reviewed by the Court of Appeals, any action taken in contravention or disregard of the plain letter and intent of the statutes prescribing the course it shall pursue in exercising that discretion may be reviewed on appeal.
The right to administer upon the estate of a deceased relative is a valuable right granted by the Legislature, and cannot be delegated. Thomas v. Knighton, 23 Md. 318, 326, 87 Am.Dec. 571; Phillips v. Clark, 176 Md. 578, 583, 6 A.2d 220. Hence it is evident that persons who have the statutory right to apply for letters of administration are entitled at least to be heard in respect to their claims. To assume that the judgment of the Court would not be...
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