Hammett v. Shanks
Court of Appeals of Maryland
Appeal from the Orphans’ Court of Baltimore County. On the 8th of August, 1874, the appellant filed her petition and caveat in the Orphans’ Court of Baltimore county, alleging that she was the aunt and only heir-at-law of William D. Blackistone, who died intestate on or about the 29th of July, 1874, in said county; that a certain paper writing without date, was filed in said Court on the 4th of August, 1874, purporting to be the nuncupative will of the said deceased, and…
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Appeal from the Orphans’ Court of Baltimore County. On the 8th of August, 1874, the appellant filed her petition and caveat in the Orphans’ Court of Baltimore county, alleging that she was the aunt and only heir-at-law of William D. Blackistone, who died intestate on or about the 29th of July, 1874, in said county; that a certain paper writing without date, was filed in said Court on the 4th of August, 1874, purporting to be the nuncupative will of the said deceased, and that such was not his last will and testament; that the proof of the same was irregular, defective, informal and not in…
1Opinion of the CourtBartol, C. J.
delivered tlie opinion of the Court.
This is an appeal from an order of the Orphans’ Court of Baltimore county, admitting to probate the nuncupative will of William D. Blaclristone deceased.
Some of the witnesses by whom the nuncupation was proved, were legatees, and objection was made below to their competency; this objection does not appear to be urged in the brief of the appellant. Nor would it avail, since the decision in Estep vs. Morris, 38 Md., 417, and in Harris vs. Pue, 39 Md., 535, in which it was held that by the Acts of 1864 and 1868, a party who takes an interest under a will has…
2Cases cited5 opinions
- Harris v. PueCourt of Appeals of Maryland · 1874
- Estep v. MorrisCourt of Appeals of Maryland · 1873
- O'Neill v. SmithCourt of Appeals of Maryland · 1871
- Biddle v. BiddleCourt of Appeals of Maryland · 1872
- Dorsey v. SheppardCourt of Appeals of Maryland · 1841
3Cited by2 opinions
- McGarvey v. McGarveyCourt of Appeals of Maryland · 1979
- Leitch v. LeitchCourt of Appeals of Maryland · 1911