Pole v. Simmons

• Decision Date: 22 June 1876
• Citation: Pole v. Simmons, 45 Md. 246 (Md. 1876)
• Parties: ANN SOPHIA POLE, by her next friend, GEORGE W. POLE, v. CHARLES S. SIMMONS and GEORGE W. POLE, Executors of SOPHIA SIMMONS, and others.
• Court: Maryland Court of Appeals

45 Md. 246

ANN SOPHIA POLE, by her next friend, GEORGE W. POLE, v. CHARLES S. SIMMONS and GEORGE W. POLE, Executors of SOPHIA SIMMONS, and others.

Court of Appeals of Maryland

June 22, 1876

APPEAL from the Orphans' Court of Frederick County.

The case is stated in the opinion of the Court.

The cause was argued before BARTOL, C.J., BOWIE, BRENT, GRASON and ROBINSON, J.

Frederick J. Nelson and A. K. Syester, for the appellant.

Milton G. Urner and H. Kyd Douglas, for the appellees.

GRASON J., delivered the opinion of the Court.

A motion to dismiss this appeal was filed by the appellees, but it was abandoned during the argument of the case.

The record shows that Mrs. Sophia Simmons was the mother of the appellant, (wife of George W. Pole,) and of all the appellees except the said George W. Pole, and that on the third day of March, 1866, she made a calculation of the sums of money given to her daughters by their aunts, and taking the amount received by Mrs. Worthington as the basis of the calculation she executed the paper, contained in the record, and marked Exhibit No. 3, by which she gave to her children therein named, the sums of money there mentioned, for the purpose of putting them upon an equality with Mrs. Worthington. At the same time her sons executed a release to her of their claims to a certain proportion of purchase money of lands in which they had an interest, and which she had sold and received the proceeds of the sale. After the execution of the paper of March 3rd, 1866, Mrs. Simmons gave certain sums of money to several of her children as advancements. She afterwards made a will, disposing of her property, and thereby directed that all of her children should be charged interest on all money advanced to them by her, from the time they received it, up to the time of her death, in order that all might be made equal. She appointed her son Charles S. Simmons, and her son-in-law George W. Pole, executors of the will, and shortly after the execution of the will she died. After the executors had passed two accounts, Mrs. Pole filed her petition in the Orphans' Court charging that Mrs. Simmons had, in her life-time, made certain advancements to several of her children, that these advancements constituted part of the assets of the estate, which ought to be accounted for by the executors, and that the parties who had received the said several sums, ought to be charged therewith, so as to accomplish the intent and purpose of the testatrix, that "all should be made equal," as expressed in her will, and praying that the second account, passed by the executors, might be opened and restated, and that the executors might be required to amend their inventory of assets, so as to include the said several sums of money. Answers were filed by the appellees denying that said sums were advancements, or constituted part of the assets of the estate, and averring that they were absolute gifts to the persons to whom they were respectively given. They also deny that the Orphans' Court had jurisdiction of the matter. On the 9th day of June, 1875, each party filed a written statement of their proof, upon which they relied, in addition to the written proof, and on the fifteenth day of June, of the same year, the Orphans' Court dismissed the petition, and from the order of dismissal this appeal is taken.

It was contended that the Orphans' Court had not jurisdiction of this case, because in deciding the questions presented by the petition and answers, it had to construe the language and legal effect of the paper executed by Mrs. Simmons on the third of March, 1866, as well as the release of the same date executed by her sons, also Mrs. Simmons' will, and from them to decide what is an advancement; whether the sums of money given by the Exhibit No. 3, were advancements or absolute gifts, and whether in any event, they were assets of Mrs. Simmons' estate. And it was contended that these are questions which the Orphans' Courts, under the limited jurisdiction conferred upon them by the Code, have no power to decide. Section 230 of Article 93 of the Code confers full power on the Orphans' Court to take probate of wills grant letters testamentary and of administration, direct the conduct and settling of the accounts of executors and administrators, superintend the distribution of the estates of intestates, secure the rights of orphans and legatees, and to administer justice in all matters relative to the affairs of deceased persons. Under this section, we think it clear the Orphans' Court had jurisdiction of the matter presented by the petition, for it would be impossible to superintend and make distribution of the estate without the authority to determine what was to be distributed; and this necessarily involves the questions as to what are assets, and, when there is a will, who are the legatees, and what is...