Opinion
[No. 232, September Term, 1974.]
Decided June 25, 1975.
JURISDICTION — ORPHANS' COURTS — WILLS — Orphans' Court For Talbot County Had Jurisdiction To Probate Will Of Non-Domiciliary Who Owned Property In That County — Not Necessary To Defer Probate Of Will Even Though Probate Proceedings Pending In United States District Court For District Of Columbia. pp. 290-291
(See opinion 23 Md. App. 337 (1974).)
Certiorari to the Court of Special Appeals of Maryland. (Orphans' Court for Talbot County)
Certiorari granted to Court of Special Appeals which determined that the Orphans' Court for Talbot County had jurisdiction to probate the will of Aldace Freeman Walker and that the jurisdiction was not affected by the proceeding pending in the United States District Court for District of Columbia.
Judgment affirmed with costs; mandate to issue forthwith.
The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.
William H. Price, II, and W.N. Harrell Smith for appellant.
John W. Sause, Jr., with whom were Walter W. Claggett on the brief for George Ainslie Nugent; Sidney S. Campen on the brief for Elizabeth Irwin Hazard and W. Ben Wilson on the brief as Guardian ad litem for Andrew Wright, for appellees.
The appellant petitioned this Court to issue a writ of certiorari to review the decision of the Court of Special Appeals in Wright v. Nugent, 23 Md. App. 337, 328 A.2d 362 (1974), on the issues of whether the Orphans' Court for Talbot County had jurisdiction to probate the will of a nondomiciliary who owned real property in Talbot County and whether the Orphans' Court for Talbot County should defer probate of the will in view of the pendency of probate proceedings in the United States District Court for the District of Columbia. Having granted a writ of certiorari and in accordance with Maryland Rule 811 b 3 having determined that no error of law appears in the decision, this Court adopts the opinion of Chief Judge Orth in Wright v. Nugent, supra, and affirms the judgment of the Court of Special Appeals.
Judgment affirmed with costs; mandate to issue forthwith.