Tyson v. Tyson
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. On the 5th of June, 1871, the appellants filed their petition and caveat in the Orphans’ Court of Baltimore city, alleging that the codicils of the 12th of April, I860*, and the 15th of January, 1861, to the will of Isaac Tyson, Jr., dated the 7th of January, 1860, were procured by fraud and undue influence practiced by the appellees upon the testator, when his mental powers were enfeebled from age and ill-health.
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Appeal from the Superior Court of Baltimore City. On the 5th of June, 1871, the appellants filed their petition and caveat in the Orphans’ Court of Baltimore city, alleging that the codicils of the 12th of April, I860*, and the 15th of January, 1861, to the will of Isaac Tyson, Jr., dated the 7th of January, 1860, were procured by fraud and undue influence practiced by the appellees upon the testator, when his mental powers were enfeebled from age and ill-health. Issues were prayed to be sent for trial to the Superior Court of Baltimore city. The appellees answered the petition, denying that…
1Opinion of the CourtRobinson, J.
■ Isaac Tyson, Jr., died on thé 23d November, 1861,and on the 29th of the same month, his will, bearing date the 7th of January, 1860, and three codicils attached thereto, dated respectively April 12th, 1860, January 15th, 1861, and May 9th, 1861, were .admitted to probate in the Orphans’ Court of Baltimore city.
On the 5th of June, 1871, nearly ten. years afterwards, the appellants, infant grandchildren of the testator, and children of his son, Isaac Tyson, 3rd, filed a petition in said Orphans’ Court, alleging among other things, that the codicils of April 12th, 1860, and January 15th, 1861, *581…
2Cases cited5 opinions
- Davis v. CalvertCourt of Appeals of Maryland · 1833
- Cole v. HebbCourt of Appeals of Maryland · 1835
- Clarke v. DederickCourt of Appeals of Maryland · 1869
- Wittman v. GoodhandCourt of Appeals of Maryland · 1866
- Davis v. DavisCourt of Appeals of Maryland · 1826
3Cited by30 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Ginter v. GinterSupreme Court of Kansas · 1909
- Graham v. CourtrightSupreme Court of Iowa · 1917
- Gesell v. BaugherCourt of Appeals of Maryland · 1905
- Rutherford v. MorrisIllinois Supreme Court · 1875
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