Cramer v. Crumbaugh
Court of Appeals of Maryland
Appeal from the Orphans Court of Frederick county. This appeal is from an order of the orphans court admitting to probate a paper purporting to be the will of John Cramer, executed on the 21st of October 1852.- By this paper the testator manumitted two of his servants, and devised to his brother Amos Cramer, and his wife and their two children, one dollar each, that being the “full amount I wish them to have of my estate.”
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Appeal from the Orphans Court of Frederick county. This appeal is from an order of the orphans court admitting to probate a paper purporting to be the will of John Cramer, executed on the 21st of October 1852.- By this paper the testator manumitted two of his servants, and devised to his brother Amos Cramer, and his wife and their two children, one dollar each, that being the “full amount I wish them to have of my estate.” He then devised “all his property, real, personal and mixed, except my horse Davy, unto Margaret Smeltz during her lifetime,” and at her decease his executor was to pay…
1Dissent
Mason, J.,
dissented in part, and delivered the following dissenting opinion:
In the views expressed by the chief justice, upon the first four heads or divisions into which he has divided this case, I concur. Upon the fifth I dissent. I do not think there is sufficient evidence in the record to establish, that the testator had any knowledge of the contents of the paper at the time he affixed his signature to it as his last will and testament.
If Crumbaugh had taken no beneficial interest under this will, all the presumptions and legal intendments would have favored the validity of the will, and…
2Cited by12 opinions
- Higgins v. CarltonCourt of Appeals of Maryland · 1868
- Chrisman v. CherismanOregon Supreme Court · 1888
- Holman's WillOregon Supreme Court · 1902
- Gesell v. BaugherCourt of Appeals of Maryland · 1905
- Dunlap v. RobinsonSupreme Court of Alabama · 1856
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