Graves v. Spedden
Court of Appeals of Maryland
Appeal from the Circuit Court for Dorchester County, in Equity. The case is stated in the opinion of the Court. It is a presumption of law that the gifts to the appellees were advancements; and it is incumbent on them to repel this presumption by competent and credible proof. Clarke vs. Willson, 27 Md., 693. The evidence offered to repel this legal presumption consisted entirely of declarations attributed to the deceased, which were not made at the time of the gifts.
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Appeal from the Circuit Court for Dorchester County, in Equity. The case is stated in the opinion of the Court. It is a presumption of law that the gifts to the appellees were advancements; and it is incumbent on them to repel this presumption by competent and credible proof. Clarke vs. Willson, 27 Md., 693. The evidence offered to repel this legal presumption consisted entirely of declarations attributed to the deceased, which were not made at the time of the gifts. This evidence was incompetent, and was excepted to. Clarke vs. . Willson, ubi supra. The testimony of the appellees is excepted…
1Opinion of the CourtMiller, J.
By this record it appears that John Spedden died in August, 1873, intestate, leaving four sons, five daughters, and the children of two deceased daughters as his sole heirs-at-law and distributees of his personal estate. In January, 1874, a bill was filed by the eldest son for a sale, for the purpose of partition of certain real estate of which his father died seized and possessed, and to this bill all the other heirs-at-law were made defendants. No question is made as to the necessity of a decree for the sale of this property, but the daughters and adult grandchildren aver in their answers,…
2Cases cited7 opinions
- Clark v. WillsonCourt of Appeals of Maryland · 1867
- Jones v. JonesCourt of Appeals of Maryland · 1872
- Parks v. ParksCourt of Appeals of Maryland · 1863
- Johnson v. HealdCourt of Appeals of Maryland · 1870
- Stewart v. PattisonCourt of Appeals of Maryland · 1849
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3Cited by10 opinions
- Kerby v. KerbyCourt of Appeals of Maryland · 1882
- Dilley v. LoveCourt of Appeals of Maryland · 1884
- First National Bank v. EcclestonCourt of Appeals of Maryland · 1878
- Justis v. JustisCourt of Appeals of Maryland · 1904
- Barron v. JanneyCourt of Appeals of Maryland · 1961
5 more not listed; retrieve them via the Exa API.