Wampler v. Wampler
Court of Appeals of Maryland
Appeal from tlae Orphans Court of Carroll county. Caveat to the will of Abraham Wampler, which had been previously admitted to probate, filed by the appellants, who were the children of a deceased brother of the testator, alleging that the will was written b.y one of the executors and legatees; that at the time of its execution, the testator was not of sound and disposing mind, and was and had been for some years before, totally blind; that the will was not read to him in…
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Appeal from tlae Orphans Court of Carroll county. Caveat to the will of Abraham Wampler, which had been previously admitted to probate, filed by the appellants, who were the children of a deceased brother of the testator, alleging that the will was written b.y one of the executors and legatees; that at the time of its execution, the testator was not of sound and disposing mind, and was and had been for some years before, totally blind; that the will was not read to him in presence of the subscribing witnesses, and was not read to him at all, and that he did not know the contents thereof; that…
1Opinion of the CourtTuck, J.
We are of opinion that the evidence of William A. Wampler was properly received by the court below, and must be regarded by us in the decision of this appeal. Deakins vs. Hollis, 7 G. & J., 311.
The record presents the case of a blind man’s will, executed in due form of law, and attested by three subscribing witnesses. The will was not read to the testator by or in the presence of these witnesses; but, as proved by the above named witness, it had been dictated by the testator, prepared accordingly, and afterwards read to him, on the day of its execution, before the arrival of the attesting…
2Cases cited2 opinions
- Davis v. CalvertCourt of Appeals of Maryland · 1833
- Deakins v. HollisCourt of Appeals of Maryland · 1835
3Cited by1 opinion
- Pickett's WillOregon Supreme Court · 1907