Yingling v. Smith

This appeal from the Orphans’ Court for Carroll County presents a novel question: May an assignee of the next of kin or heir at law of a testator maintain a caveat action against the testator’s will ?

The facts which gave rise to the controversy can be briefly told. On 18 March 1968, John N. Yingling (John) died domiciled in Carroll County, Maryland, unmarried and without issue, survived by a brother, Wilbur F. Yingling (Wilbur) as his only next of kin and heir at law. On 17 March 1967, John had executed a will under which he left $10.00 to Wilbur; $10.00 to Wilbur’s son, William G. Yingling…