Gesell v. Baugher

The issue presented by this appeal is that of the legal sufficiency of the evidence appearing in the record to show a want of testamentary capacity in the late John Zehner when he executed his will. The appeal is from the rulings of the Superior Court of Baltimore City upon the trial of issues framed under a caveat to the will.

Four issues were sent from the Orphans’ Court of Carroll County to the Circuit Court of the same county for trial and afterwards removed to and tried in the Superior Court of Baltimore City. At the close of the plaintiffs’ evidence in the Court below the defendants…