Dorsey v. Sheppard
Court of Appeals of Maryland
Appeal from the Orphans’ court of Calvert county. Caveat by the appellees against the admission to probat of the nuncupative will oí'Hezekiah Coberth.
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Appeal from the Orphans’ court of Calvert county. Caveat by the appellees against the admission to probat of the nuncupative will oí'Hezekiah Coberth. The appellant moved the court to admit the testimony of the subscribing witnesses to a paper or instrument of writing, purporting to be the nuncupative will of H. Coberth, deceased, and which paper was as follows: uWe, the undersigned, certify, that Mr. Hezekiah Coberth, “ on the morning of the 28th October, 1841, said in our pre= “sence, that he wished Hr. George W. Horsey to act as trustee “for his son, to be his administrator, and to use his…
1Opinion of the CourtDorsey, J.
Nuncupative wills, though tolerated, are by ao means favorites of the law. Independent of the statute of frauds altogether, the factum of a nuncupative will requires to be proved by evidence more strict and stringent, than that of a written one in every single particular. This is requisite in consideration of the facilities with which frauds in setting up nuncupative wills are obviously attended. Facilities which absolutely require to be counteracted, by courts insisting on the strictest proof as to the facta of such alleged wills. Hence the testamentary capacity of the deceased, and the…
2Cited by2 opinions
- Hammett v. ShanksCourt of Appeals of Maryland · 1874
- Slack v. PerrineDistrict of Columbia Court of Appeals · 1896