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[Download] "William S. Nicholls, And Others, Appellants v. Thomas Hodges" by United States Supreme Court * eBook PDF Kindle ePub Free

William S. Nicholls, And Others, Appellants v. Thomas Hodges

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eBook details

  • Title: William S. Nicholls, And Others, Appellants v. Thomas Hodges
  • Author : United States Supreme Court
  • Release Date : January 01, 1828
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

The appellee in this case obtained letters testamentary on the estate of Thomas C. Hodges, deceased, and passed accounts in the Orphans' Court for Washington county, in which he was allowed ten per cent. commission on the inventory of the deceased's estate amounting to $2,358 70, and $1200 for services rendered to the deceased in his lifetime. The appellants, creditors of the deceased, finding that the estate would probably be insufficient to pay the full amount of their claims, filed their petition in the Orphans' Court objecting to the allowance of the claims of the executor, alleging that the property of the deceased consisted only of a store of goods in Georgetown, and a few debts due to him; and that the settlement of the estate was made without much labour or expense. Upon the answer of the executor, and the testimony taken in the cause, the Judge of the Orphans' Court decided in favour of the executor, and decreed that both claims be allowed. From this decree an appeal was prayed and granted to the Circuit Court for Washington county, in which the judgment of the Orphans' Court was affirmed. From this decision the cause is brought up, by appeal, to this Court for final hearing and decree. Several questions have been raised in arguing this cause. On the part of the appellants, it is contended, First, that the allowance of ten per cent. on the inventory, circumstanced as this case appears to be, is unjust and unreasonable. Secondly, That there is no foundation for the claim of $1200, made by the executor for services rendered the testator in his lifetime.


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