Nicols v. Nicols' Estate
| Decision Date | 07 April 1943 |
| Docket Number | 27,28. |
| Citation | 31 A.2d 326,181 Md. 582 |
| Parties | NICOLS v. NICOLS' ESTATE. |
| Court | Maryland Court of Appeals |
Appeals from Orphans' Court, Anne Arundel County; Maynard Carr Owain E. Owens, and William B. Elliott, Judges.
In the matter of the estate of Lucy Riely Nicols, deceased, wherein John L. Nicols, individually and as coexecutor, excepted to the executors' account. From an order of the orphans' court overruling his exceptions, the exceptant appeals.
Order reversed and case remanded.
LeRoy E. Gerding, of Baltimore, for appellant in both cases.
George E. Rullman, of Annapolis, for appellee in both cases.
Before SLOAN, DELAPLAINE, COLLINS, MARBURY, GRASON and MELVIN, JJ.
This appeal is from an order of the Orphans' Court of Anne Arundel County, overruling exceptions to an executors' account.
Lucy Riely Nicols died May 22, 1939, leaving a will dated October 15, 1936, whereby she, at considerable length and with much detail bequeathed her estate, which amounted to about $10,000 to her children and grandchildren. She said the will was in the exercise of a power of appointment which she had reserved in a deed of trust dated June 1, 1928, whereby she transferred and delivered to W. Clinton Riely, John L Nicols and Lambert M. Riely, the sum of $20,000 to pay her the income therefrom, with such parts of the principal as the trustees, or a majority of them, should think necessary for her care, maintenance and support.
The power of appointment stated in the deed of trust, and repeated in the will reads: 'Upon the death of the said Lucy Riely Nicols the trust hereby created shall cease and the principal thereof then remaining together with all income thereon accrued, shall be by the Trustees paid over, and delivered free and clear of any further trust unto the person or persons whom by her last will she may appoint.'
By the will she appointed Lambert Mason Riely, her brother executor, and in case he should have predeceased her, or declined to act, appointed John Lloyd Nicols and George W. Haley, as executors, the last named now in the armed forces of his country. On January 20, 1938, she made a codicil to the will appointing Lambert Mason Riely and John Lloyd Nicols. On April 28, 1939, she made another codicil, in which she said, 'as long as my Brother Courtney Riely lives that my estate shall contribute the monthly allowance of fifteen dollars ($15) towards his support.' This codicil was witnessed by one person, but no question has arisen or been decided regarding its validity, Code 1939, Art. 93, sec. 336, so that we cannot consider it, nor is it necessary here. Code 1939, Art. 5, sec. 10. W. Clinton Riely had resigned as trustee, under the deed of trust, and on June 8, 1936, the donor accepted it, and the same day appointed in his stead Lucy N. Hall of Nyack, New York, who, the next day, accepted the trust.
What brought this matter to a head was an order of the Orphans' Court, passed May 24, 1941, which declared 'that the assets mentioned in the deed of trust * * * are a part of the estate covered by the will; and further, that the power of appointment which the testatrix retained was exercised in her will, subject, however, to the codicil thereto wherein it was provided that this estate should pay to Courtney Riely the sum of Fifteen Dollars per month for and during the term of his natural life,' and that the trustees and co-executors were entitled to their expenses of traveling, attorney's fees and other expenses out of this estate. An account was so stated, and it showed an inventory of personal property of $145, and total credits of $1,018.68, leaving an overpayment of $685.68. There was an accompanying statement of the corpus of the trust fund and accumulations of income amounting to $10,417.79. And distribution in accordance with the will, against which was charged the deficit of $865.68, and the retention of $6,442.33 to be held for the payment of the annuity of $15 a month to Courtney Riely, which the Orphans' Court by the order of September 24, 1942, so ordered.
The only question here is,...
To continue reading
Request your trial
-
Cook v. Aronheim
... ... and Samuel Lasch, Judges ... Proceeding ... in the matter of the estate of Benjamin Sternheimer, ... deceased. A first administration account was filed by ... Fillmore ... enforce or administer a trust. Equity alone has this power ... Nicols v. Estate of Nicols, 181 Md. 582, 584, 585, ... 31 A.2d 326. Nor can jurisdiction be conferred ... ...