Reseña de Mortimer v. Howard Research and Development Corp.

Mortimer v. Howard Research and Development Corp. de Court of Special Appeals of Maryland Resumen del Libro

Ellen H. Parker, the widow of Miles R. Parker, was appointed administratrix c.t.a. of his estate by the Probate Court for the County of Androscoggin. Miles R. Parker had been previously married to one Geneva Owen Parker, against whom he filed a divorce libel on December 22, 1924, alleging as a cause for divorce cruel and abusive treatment. A decree of divorce was entered at the September Term, 1925, of the Supreme Judicial Court for the County of Androscoggin. Previously on July 26, 1925, a child had been born to the wife and was named Miles R. Parker. October 6, 1925, Miles R. Parker executed his will under the terms of which he left his entire estate to his mother, Etta Merrill Parker. In this will he recited the fact that he had been divorced on October 1, 1925, from Geneva Owen Parker who had prior to the filing of the decree given birth to a male child described as "Miles Robbins Parker." The testators mother died in April, 1935. He married the appellant, Ellen H. Parker, May 8, 1926 and died November 7, 1937, without having changed his will. The widow claimed her distributive share. She was appointed administratrix c.t.a., and on the settlement of her final account filed a petition setting forth that there remained in her hands for distribution the sum of $2,328.59. Of this amount she claimed to be entitled to one-half, or $1,164.30; she asked that the balance be divided equally between three uncles and an aunt of the testator. A decree was entered ordering that two-thirds of the balance in the hands of the administratrix, or $1,552.40, be paid to Miles R. Parker, the son of the testator, and the balance of $776.19 be paid to the widow, the appellant. From this decree the widow and the other heirs enumerated in her petition for distribution filed notice of appeal. An appeal bond was filed only by Ellen H. Parker and her appeal was the only one properly before the Supreme Court of Probate. It is sufficient, however, to dispose of the issue raised, which is whether Miles R. Parker, born July 26, 1925, was the son of the testator or was illegitimate.

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