Moore ex rel. Moore v. McDonald
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. First, second, third and fourth Exceptions, sufficiently stated in the opinion of the Court.
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Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. First, second, third and fourth Exceptions, sufficiently stated in the opinion of the Court. Fifth Exception.—The testimony being closed on both sides, the plaintiffs offered the two following prayers: 1. That no will is valid in Maryland, unless the person making the same he, at the time of executing or acknowledging it, of sound and disposing mind and capable of executing a valid deed or contract; and if the jury find from the evidence that the said Lawrence McDonald, at the time of executing the will…
1Opinion of the CourtStone, J.
Upon a caveat to the will of Lawrence McDonald, filed by the appellees, issues were framed by the Orphans’ Court of Baltimore City, and sent to the Court of Common Pleas for trial.
The first and second of these issues presented the question of the proper execution by the testator, and the legal attestation of the will.
The third, the testamentary capacity of the testator, and the fourth, his knowledge of the contents of the will, and the fifth and last issue the question of undue influence.
The jury found a verdict in favor of the caveatee, the appellant here, upon all the issues except the…
2Cases cited6 opinions
- Higgins v. CarltonCourt of Appeals of Maryland · 1868
- Griffith v. DiffenderfferCourt of Appeals of Maryland · 1879
- Colvin v. WarfordCourt of Appeals of Maryland · 1863
- Budd v. BrookeCourt of Appeals of Maryland · 1845
- Stirling v. StirlingCourt of Appeals of Maryland · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Hiss v. WeikCourt of Appeals of Maryland · 1894
- Griffith v. BenzingerCourt of Appeals of Maryland · 1924
- Corbett v. WolfordCourt of Appeals of Maryland · 1896
- Smith v. ShuppnerCourt of Appeals of Maryland · 1915
- Dudderar v. DudderarCourt of Appeals of Maryland · 1911
29 more not listed; retrieve them via the Exa API.