clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 476   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

476 CORRIE'S CASE.—2 BLAND.

for the benefit of his creditors and next of km. Hemlocks Case, 9
Co. 37; Carter v. Crawley, T. Raym. 496; Marriott v. Marriott,
Gilb. Eq. Rep. 203; Manning v. Napp, 1 Salk, 37; 2 Inst. 397; 2
Blac. Com. 494; 13 Ed. 1 c. 19; Kilty Rep. 144. But the bishops
who had been so long in the habit of appropriating all the goods of
intestates, found within their respective districts, to their own
uses, were permitted to re tain the right of granting administration
of all such effects; and, therefore, to secure to themselves their
fees and perquisites for so doing, they refused to admit the
validity of an administration granted any where beyond their own
peculiar jurisdiction. Middleton v. Crofts, 2 Atk. 659; Roberson
Succession, 250, 251. And following out the same rule, the Courts
of law and equity of England, held that they could not take notice
of any letters of administration granted in a foreign country, with-
out intimating, that they refused * to do so, in order to
498 hold the property of the intestate within reach, as a means
of satisfying his English creditors and next of kin; or if there were
no creditors, or next of kin, as a means of securing it for the
benefit of the State to whom, in such case, it properly belonged.
Daniel v. Luker, Dyer, 305; Jauncey v. Sealey, 1 Vern. 397; Tourton
v. Flower, 3 P. Will. 370; Atkins v. Smith, 2 Atk. 63; Thorne v.
Watkins, 2 Vets. 36.

But latterly, in England as well as in this country, a more en-
larged and just view has been taken of this matter; and it has
been held, that as the State must have a right to regulate that
which it protects, and is bound in duty to see its own citizens
satisfied before it suffers the property of their debtor to be with-
drawn from its jurisdiction, no foreign administration shall be
recognized here. And that the administration of all deceased
persons' estates must be taken out here by a citizen of the United
States, 1798, ch. 101, sub-ch. 4 and 5, in order that there may be
some person here responsible to our own citizen creditors, legatees,
and distributees of the deceased, to the full value of his effects
found here: and also, that after the debts have been paid-, if there
be no next of kin, that the surplus be paid to the State, or to the
public schools here, to whom, in such cases, it properly belongs; or
according to the law of the deceased's last domicil. Bempde v.
Johnstone, 3 Ves, 198; Somerville v. Lord Somerville, 5 Ves. 750;
In the Goods of Beggia, 2 Eccle. Rep. 126; Holmes v. Remsen, 20
John. Rep. 265; Graeme v. Harris, 1 Dall. 456; McCullough v.
Young, 1 Bin. 63; Desesbats v. Berquier, 1 Bin. 336, 349, note;
Anonymous, 1 Hayw. 355; Admr. of Butts v. Price, 1 Cam. & Norw.
68; Harrison v. Sterry, 5 Craw. 289; Smith v. The Union Bank of
Georgetown, 5 Peters, 518; Glenn v. Smith, 2 G. & J. 493; Charlotte
Hall School v. Grecnwell, 4 G. & J. 408; Thomas v. Visitors of
Frederick County School, 1 G. & J. 370.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 476   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives