Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1855-01-25

1 Ho ou660oh"uS VI correspondent VI viz
Baltimore Patriot, contained in the article
below, are we'll worthy Of attention. There
are many changes required in our Tesla
mentary System-some of which are poin-
ted GU. by slower Patuxent.''
PRINCE GEORGES Co., Dec. %, 1854.
+ Mr.. Editor:-l am much grat6ed 10 find
your columns thrown open 10 a writer IN
der the signature of SENEx, and dated Bal
,imore, Dec. 22nd, on the subiec. of certain
great abuses existing 10 the several Orphans
Courts Of this State.
The writer Of the article ssye he has had
30 years. experience in such matters, and
intimates, in such language as cannot be
mistaken, that remedy is necessary to cor
rect the malpractices and abuses he has wit
messed. According to his views, and en-
dorse the most Of them, though they would
seem to be extreme, nevertheless | fully a.
gree with him, that the Courts, as well as
administrators, executors and guardians, are
blameable 10 a certain extent, and Justice
demands that remedy, practical remedy,
should be applied. J..
!, for one, should have been most happy,
had the writer of the article gone more in
detail, for i. is, Of all others subject have
dearest a, heart. am deferred from writ
ing lengthy article, for the same reason as
that assigned by Senex: Editors are gene
rally not fond OF publishing lengthy articles,
nor people of reading them. bold it my
duty, however, to expose some of the sbu-
ses known TO exist, end 10 lend my aid, fee
BILE though i. be, in vindicalion of the rights
of class of people, the least protected 10
The frs, place, agree with Senex, tina. the
Orphans Courts often pass old and antigua
ted accounts, accounts Is to 20 years DID,
This should never be done unless the par
Ties, heirs mean, come before the Orphans
Cour. and say OF their own knowledge, that
such accounts ere just and true, and ought
to be passed by the Court. An adminislra-
tor may pay an account which is out Of
date, and &c. an allowance for The same,
provided he knows j. to be just.
All accounts of long standing ought TO
undergo the strlctest scrutiny before passed
upon by the Orphans Court, for this reason:
An account passed by the Court gives full
authority 10 the administrator 10 pay the
same and if it is no. objected TO by those
interested, and is paid by the admnistrat tor,
no matter how fraudulent it may be, the re-
representatives. have no recource whatever,
and the amount passes to the credit of The
administrator in his account with The o.
phans' Court. ..... ./...
10 regard to the above, would suggest
as remedy, tina, the Orphans Court pass
no account over 3 years standing unless
some Of The parties is presen. when the &C.
count is presented, and intimate their will
ingness TO the passage of such account
The above, though rigid, would prove q
.alu'ary remedy to the evil complained 9f.
The mex. item Of importance and The
most abused Of them oil, that shall notice,
is the law of 1898, which fixes the COM
mission TO be allowed a guardian for man
aging The affairs OF his ward The law says
the Court may allow any commission, no.
exceeding 10 per cent. This law is vogue
and indefinite, and subjec. to more abuse,
perhaps, than any other. The Courts diff
fer much in their construction, and as rule
with many, they place the commission on
property no. contemplated by the law.
This commission is pa. upon the whole
amount of the personality, as we'll as the
annual income. cannot believe that the
trainers of this law expected any Thing be-
yond this, that the tax was TO be upon The
annual income Of the wards estate, and to
be credited annually, when the law requires
him 10 se,le his accom-. with The Orphans
Court. ]. needs no argument to prove that
the interposilion of the Legislature is need
ed 10 correc. this palpable abuse of law.
] will now, Mr.. Editor, refer to some OF
the Revenue Laws of our State, and as brief
~ ss ] can point out some Of the mos. un-
reasonable end ruinous laws ever enacted
to raise revenue for the benefit of any
State.
In the 6rst place the Orphans Court are
required by law to fix the commission to be
allowed an executor or administrator with.
in given time after the return Of an inven-
sory-the ,objec, being this, that he is re-
quired to pay one tenth part of that com.
mission into the State Treasury. Now let,
it be borne in mind, the courts csnnoi, IN
der prelext Of incidental or constructive su-
'hori.y, exercise any Jurisdiction no! ex-
pressly given by law. All its powers are
derived from statutory provision. This be-
ing the case, this commission is fixed, end
that, too, before the executor has settled any
account with The Orphans Court. in fact,
he has performed no part of bis duty out of
which he should receive his commission. As
On administrator progresses in the settlement
Of an estate, SO should his commission be al.
lowed. as ,... ~,.. s-. ..s d.
If be receives his pay before hand and
dies, injustice is done 10 The estate, for the
lew provides that the second administrator
shall receive a per cent. on the par. of the
estate left unsdminis.ered by the first ad-
m;nis,ra,or. In This way one-four,h or fifth
Of an es,ala NAV be taken and The same left