Opinion
[No. 39, October Term, 1940.]
Decided December 17th, 1940.
Executors and Administrators — Assets Omitted from Inventory — Appeal — To what Court.
The word "administrator," in Code 1939, art. 93, secs. 253, 254, providing for requiring an administrator to return assets of the estate in his hands which he has omitted to return in the inventory, includes an executor.
Code, art. 93, sec. 254, in regard to proceedings to compel an executor or administrator to return assets of the estate in his hands which he has omitted to return in the inventory, allows an appeal in such proceedings only to the Circuit Court of the County or to the Superior Court of Baltimore City, the general right of appeal from the Orphans' Courts to the Court of Appeals, given by Code, art. 5, sec. 64, not applying.
Decided December 17th, 1940.
Appeal from the Orphans' Court of Washington County.
Petition by C. Walter Baker, Executor of Andrew J. Forsythe, deceased, against Earl A. Forsythe, his coexecutor, to compel the latter to return assets of the estate in his hands, not included in the inventory. From an order dismissing the petition, the petitioner appeals. Appeal dismissed.
The cause was argued before BOND, C.J., PARKE, SLOAN, MITCHELL, JOHNSON, and DELAPLAINE, JJ.
C. Walter Baker, for the appellant.
Harold H. Hoffman, with whom was Earl A. Forsythe on the brief, for the appellee.
Unreported cases.