Smith v. Stockbridge

Bowie, J.,

delivered tbe opinion of the Court.

• The present appeal is the sequel of the case of O’Neill and others vs. Smith, Adm’r c. t. a. of James O’Neill, dec’d, decided in this Court on the 31st January, 1871, and reported in 33 Md., 569. The main facts, on which it turns, are as follows :

On the 2nd of July, 1864, the Orphans’ Court of Baltimore City, admitted to probate, certain affidavits,-as the nuncupative will of James O’Neill, deceased, by which all the estate of the deceased was given to Mary Smith, wife of the appellant, who thereupon took out letters of administration c. t. a.,…