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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2287 September Term, 2004

LYNN C. WILLIAMSON, Successor Personal Representative of the estate of Agnes Smith Purnell v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY

Eyler, James R., Sharer, Woodward, JJ.

Opinion by Sharer, J. Filed: December 5, 2005

In this case of first impression, we are asked to determine whether a nominal bond of a personal representative can be called upon to pay commissions to the personal representative as "debts due by the decedent, the Maryland inheritance tax, and court costs." Appellant, Lynn C. Williamson, successor personal

representative of the Estate of Agnes Smith Purnell, challenges the circuit court's (1) grant of appellee, National Grange Mutual Insurance Company's, motion for summary judgment, (2) affirmance of the orphans' court's June 22, 2004 order, and (3) denial and disallowance of appellant's claim upon the nominal bond. Appellant presents three questions for our review, which we have distilled into the following:1 Are personal representative's debts due by the decedent? commissions

Finding no error, we shall affirm the judgment of the circuit court.2
1

As set out in her brief, appellant's issues are: 1. Did the trial court err in affirming the decision of the Orphans' Court? Did the trial court err in granting summary judgment pursuant to rule 2-602? Did the trial court err in finding that the appellant's claim did not fall with[in] the coverage of the nominal bond issued by National Grange Mutual Insurance Company?

2.

3.

2

In the circuit court both parties stipulated to various facts in lieu of

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FACTUAL and PROCEDURAL HISTORY Proceedings in the Orphans' Court National Grange Mutual Insurance Company ("National Grange"), appellee, issued a $25,000 nominal bond of personal representative ("nominal bond"), dated January 6, 2001, on behalf of Nicole D. Quashie and James Lofton as co-personal representatives of the Estate of Agnes Smith Purnell.3 Ms. Purnell, by the terms of her

will, excused her personal representatives of the obligation of posting a bond. court.4 Thus, the nominal bond was ordered by the orphans'

The bond was in the following form: NOMINAL BOND OF PERSONAL REPRESENTATIVE As of this 5th day of January, 2001, NICOLE D. QUASHIE & JAMES LOFTON, personal representatives of the Estate of AGNES SMITH PURNELL - National Grange Mutual Ins. Co., as principal and surety are obligated to the

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testimony. The stipulation included, inter alia ,: (1) the terms of the nominal bond at issue and its limited coverage for "debts due by the decedent, the Maryland inheritance tax, and court costs," (2) that appellant's claim sought coverage under the nominal bond for her fees and commissions as successor personal representative, and (3) that the exhibits to the stipulations and filings in the orphans' court were properly before the circuit court for consideration. These stipulations provided undisputed facts for both the trial court's de novo review, pursuant to CJ

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Maryland Law