Struth v. Decker
Court of Appeals of Maryland
Appeal from the Court of Common Pleas (Stockbridge, J.) Caveator’s 1st Prayer. — If the jury find from the evidence that at the time of executing the paper writing mentioned in this cause, and purporting to be hi’s last will and testament, and dated Februaiy 25th, 1902, Charles Struth was not of sound and disposing mind and capable of making a valid deed or contract, then he was not in possession of that description of mental capacity which is required by law and their…
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Appeal from the Court of Common Pleas (Stockbridge, J.) Caveator’s 1st Prayer. — If the jury find from the evidence that at the time of executing the paper writing mentioned in this cause, and purporting to be hi’s last will and testament, and dated Februaiy 25th, 1902, Charles Struth was not of sound and disposing mind and capable of making a valid deed or contract, then he was not in possession of that description of mental capacity which is required by law and their verdict should be in favor of the caveators on the second issue, and their answer thereto, no, and the jury are instructed…
1Opinion of the CourtPearce, J.
This is an appeal from rulings of the Court of Common Pleas of Baltimore City in the trial of a caveat to the will of Charles Struth, deceased. Six issues were sent by the Orphans’ Court to be tried by a jury. The first related to the signing and attestation of the paper offered for probate; the second, to the question of testamentary capacity; the third, to knowledge of the contents of the paper; the fourth, inquired whether any part of said paper was contrary to the testator's instructions; the fifth, whether any part of said paper was misunderstood by him at the time of execution; and the…
2Cases cited7 opinions
- North State Copper & Gold Mining Co. v. FieldCourt of Appeals of Maryland · 1885
- The Berry Will CaseCourt of Appeals of Maryland · 1901
- Townshend v. TownshendCourt of Appeals of Maryland · 1848
- Kerby v. KerbyCourt of Appeals of Maryland · 1882
- Weems v. WeemsCourt of Appeals of Maryland · 1863
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3Cited by22 opinions
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- Birchett v. SmithCourt of Appeals of Maryland · 1926
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