Warburton v. Davis
| Citation | 91 A. 163,123 Md. 225 |
| Decision Date | 08 April 1914 |
| Docket Number | 14. |
| Parties | WARBURTON v. DAVIS et al. |
| Court | Court of Appeals of Maryland |
Rehearing Denied May 14, 1914.
Appeal from Circuit Court, Cecil County; Philemon B. Hopper and Wm H. Adkins, Judges.
"To be officially reported."
Bill by William T. Warburton, as surviving administrator of the estate of James A. Davis, deceased, against Anthony S. Davis and Kate T. Davis. Decree for defendants dismissing the bill and plaintiff appeals. Affirmed.
Argued before BOYD, C.J., and BRISCOE, THOMAS, PATTISON, URNER, and STOCKBRIDGE, JJ.
Robert P. Shick, of Philadelphia, Pa., and George Whitelock, of Baltimore (Henry A. Warburton, of Elkton, on the brief), for appellant. William S. Evans and James F. Evans, both of Elkton, for appellees.
The bill of complaint in this case was filed by the appellant, as surviving administrator of one James A. Davis, late of Cecil county, against Anthony S. Davis, the surviving partner of James A. Davis & Son, and against Kate T. Davis, the wife of Anthony S., for an accounting of the partnership property and estate of James A. Davis and Anthony S. Davis, partners trading as James A. Davis & Son. The partnership was formed about the year 1882.
James A. Davis died in the year 1894, and letters of administration were granted to his two sons, Anthony S. and James C. Davis. Subsequently the two sons resigned, and in May, 1896, letters of administration were granted to Charles C. Crothers and the appellant. Charles C. Crothers died on or about the year 1897, and the administration of the estate devolved upon the surviving administrator.
The bill was filed on the 29th of September, 1910, and in substance avers: That James A. Davis was a member of the firm of James A. Davis and Anthony S. Davis, partners, trading as James A. Davis & Son, and, at the time of the death of James A. Davis as a member of the firm, he was seised and possessed of real and personal property located in the states of Maryland, Pennsylvania, Virginia, North Carolina, and elsewhere. That the defendant as surviving partner, after the death of James A. Davis, sold the real and personal property belonging to the firm and located in the states, and converted the same into cash or made other disposition of it. That the surviving partner has caused some of the real estate to be sold, and had the same conveyed to his wife, Kate T. Davis. The bill further avers: That, from the sums of money realized from the partnership, there is a large sum due and owing from the surviving partner, belonging to the estate, which should be paid to the surviving administrator to be distributed under the directions of the orphans' court of Cecil county. That the appellant has been unable to get a statement from the surviving partner as to the partnership estate, or what interest the surviving partner had in the partnership firm at the time of the death of James A. Davis. The bill then avers that the surviving partner has not, from the date of the death of the appellant's intestate, to the present time, made any account to the appellant, as administrator of the deceased, of the money and estate belonging to him in the partnership, but has controlled the same as his own property.
The prayer of the bill is the usual one for an accounting, and is to the effect: First, that the defendant Anthony S. Davis may on oath answer the bill and set forth in detail all property of every kind, real and personal, wheresoever located, belonging to the firm of James A. Davis & Son at the time of the death of the appellant's intestate, and to account for all of his interests in the partnership property from the date of his death up to the time of filing the bill; second, that the defendant Kate T. Davis answer under oath the bill and discover and set forth in detail all sums of money received by her from the partnership assets of the firm, or any property she now holds, real or personal, connected with and formerly belonging to the partnership estate; third, that the defendant be decreed to pay over unto the appellant all sums of money arising out of the proceeds of any sale or sales made of the partnership property or in any way belonging to the estate of the deceased; and, fourth, a prayer for general relief.
The defendants filed separate answers to the bill.
The defendant Kate T. Davis in her answer denies holding any real estate in this state which was conveyed by her husband, as surviving partner, and avers, if she holds or owns any outside of the state, this court has no jurisdiction to inquire into it, and that the administrator has no interest therein, as it is her individual property.
The answer of the defendant Anthony S. Davis was filed on the 30th of December, 1910, wherein he sets forth the property and estate of James A. Davis & Son that came into his hands as surviving partner, in order to close up the partnership affairs on the 11th day of November, 1894, and also a statement of accounts, as surviving partner, showing the manner of his dealing with the partnership property and effects. He filed with the answer a detailed statement marked Exhibit A. S.D. No. 1, which he avers contains a correct and just account of the facts therein set forth. This statement covers over 50 pages of the record and will be found set out from page 14 to 71 of the record. The answer avers that the partnership property was ample to pay all the creditors in full except himself, and that there is still a large sum due him for his one-half interest in the partnership firm. It further avers that there is no money in his hands belonging to the separate personal estate of the plaintiff's intestate; that Minnie J. Harner, a daughter, and her husband, on the 6th of July, 1906, executed and delivered to him a release for her interest in the estate, and that James C. Davis, a son, on the 28th of March, 1896, gave him a receipt for all his distributive share in the partnership estate. The answer further avers that no demand has ever been made by the plaintiff upon the defendant to pay over to him any money belonging to the separate estate of James A. Davis but, on the contrary, he has accounted to...
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