Townshend v. Townshend
Court of Appeals of Maryland
Appeal from Anne Arundel county court. On the 8th of June, 1846, the appellants, who are next of kin of John Townshend, late of Prince George’s county, deceased, filed, in the orphans court of said county, a caveat against the admission to probate of a paper purporting to be the last will and testament of said deceased, executed on the 17th of December, 1S44, and offered for probate by the appellees, the executors therein named, on the 15th of May, 1846. The executors…
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Appeal from Anne Arundel county court. On the 8th of June, 1846, the appellants, who are next of kin of John Townshend, late of Prince George’s county, deceased, filed, in the orphans court of said county, a caveat against the admission to probate of a paper purporting to be the last will and testament of said deceased, executed on the 17th of December, 1S44, and offered for probate by the appellees, the executors therein named, on the 15th of May, 1846. The executors answered the caveat, and thereupon the said orphans court directed certain issues, framed by the caveators, to ■ be sent to…
1DissentMartin, J.
dissented, and delivered the following opinion:
In this case I dissent from that part of the opinion of a majority of the court, in which it is held that the declarations of Walter B. C. Worthington, were admissible in evidence. The true doctrine on the question of the admissibility of these declarations, is to be found, I think, in the opinion of the court of exchequer, in the case of Stobart vs. Dryden, 1 Mees. and Welsby, 614.
2Opinion of the CourtFrick, J.
In this case we think the court properly overruled the motion to remand it to Prince George's county court; and the majority of the court are of opinion that the…
3Cases cited2 opinions
- Scribner v. CraneNew York Court of Chancery · 1830
- Fox v. EvansSupreme Court of Pennsylvania · 1803
4Cited by6 opinions
- Highberger v. StifflerCourt of Appeals of Maryland · 1864
- Waddell George's Creek Coal Co. v. ChisholmCourt of Appeals of Maryland · 1932
- Wright v. HamnerCourt of Appeals of Maryland · 1853
- Gaither v. GaitherHigh Court of Chancery of Maryland · 1851
- Trayhern v. HamillCourt of Appeals of Maryland · 1880
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