Welty v. Welty
Court of Appeals of Maryland
Appeal from tbe Orphans Court of Frederick county. Tills was a caveat to the will of Peter Hornaker, executed on the 13tli of April 1813 and offered for probate on the 23rd of April 1855, filed by the appellants, as heirs at law, upon (he following grounds: 1st. Because the paper was not signed, by the testator or by any other person in his presence, or by his express directions. 2nd.
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Appeal from tbe Orphans Court of Frederick county. Tills was a caveat to the will of Peter Hornaker, executed on the 13tli of April 1813 and offered for probate on the 23rd of April 1855, filed by the appellants, as heirs at law, upon (he following grounds: 1st. Because the paper was not signed, by the testator or by any other person in his presence, or by his express directions. 2nd. Because it was not attested and subscribed in the presence of the testator by three or four credible witnesses, or by the persons whose names are subscribed as witnesses thereto. 3rd. Because said persons whose…
1Opinion of the CourtEccleston, J.
In the year 1855, a paper purporting to be the last will and testament of Peter Hornaker, bearing date the 13th of April 1813, was exhibited for probate in the orphans court of Frederick county, to which the appellants filed a caveat.' The attestation clause is in the usual form, and appears to have been signed by three witnesses, in the following order:
“Lewis Motter. — Joseph Hughes. — Abraham Welty.”
The first two being dead their signatures were proved to be genuine. And in reply to a question propounded in relation to their standing as men of business and of integrity, a witness answered,…
2Cases cited2 opinions
- Jackson, ex dem. Kellogg v. VickoryNew York Supreme Court · 1828
- Jackson ex dem. Le Grange v. Le GrangeNew York Supreme Court · 1822
3Cited by9 opinions
- Higgins v. CarltonCourt of Appeals of Maryland · 1868
- Gross v. BurnestonCourt of Appeals of Maryland · 1900
- Woodstock College v. HankeyCourt of Appeals of Maryland · 1917
- Conrades v. HellerCourt of Appeals of Maryland · 1913
- Moale v. CuttingCourt of Appeals of Maryland · 1883
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