Buchanan v. Turner
Court of Appeals of Maryland
Appeal from the Orphans’ Court of St. Mary’s county.. This is an appeal from an order of the Orphans’ Court' of St. Mary’s county, admitting to probate the will of Nannie Buchanan, the late wife of the appellant. The only question which it involves is the right of Mrs. Buchanan, as a feme covert, to make a will under the circumstances of the case, without the assent of her husband.
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Appeal from the Orphans’ Court of St. Mary’s county.. This is an appeal from an order of the Orphans’ Court' of St. Mary’s county, admitting to probate the will of Nannie Buchanan, the late wife of the appellant. The only question which it involves is the right of Mrs. Buchanan, as a feme covert, to make a will under the circumstances of the case, without the assent of her husband. The marriage between the parties took place in July, 1863. In September, 1854, George Thomas, the grandfather of Mrs. Buchanan, executed a deed of trust to Wm. H. Thomas for the benefit of the appellee, Mrsv…
1Opinion of the CourtBartol, J.
In the case of Michael vs. Baker’s Ex., 12 Md. Rep., 158, it was held that the Orphans’ Court in passing upon the question of admitting to probate the will of a married woman, were not required to decide what property would pass under the will, such inquiry properly belonging to another forum, hut the form and attestation of the instrument being sufficient, the duty of that Court would be to admit it to probate. By'the probate nothing is determined but the factum of the will, not the right of disposal, and this for the reason that “perhaps if no probate were granted the person to whom the…
2Cases cited6 opinions
- Mutual Fire Insurance v. DealeCourt of Appeals of Maryland · 1861
- Cooke v. HusbandsCourt of Appeals of Maryland · 1857
- Schindel v. SchindelCourt of Appeals of Maryland · 1858
- Michael v. BakerCourt of Appeals of Maryland · 1858
- Bridges v. McKennaCourt of Appeals of Maryland · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Whitridge v. BarryCourt of Appeals of Maryland · 1875
- Ramsey v. WelbyCourt of Appeals of Maryland · 1885
- Stuart v. FoutzCourt of Appeals of Maryland · 1945
- Armstrong v. KernsCourt of Appeals of Maryland · 1884
- Rabe v. McAllisterCourt of Appeals of Maryland · 1939
2 more not listed; retrieve them via the Exa API.