Deakins v. Hollis
Court of Appeals of Maryland
Appeal from the Orphans’ court of Charles county. On the 8th of May, 1832, the appellant and her husband, Joseph Deakins, (since deceased) filed their petition in the Orphans’ court of Charles county, praying that a certain paper writing, purporting to be the last will and testament of John Hollis, deceased, the former husband of the female petitioner, executed on the 6th of February, 1826, should be admitted to probate, and that the letters of administration, which had been…
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Appeal from the Orphans’ court of Charles county. On the 8th of May, 1832, the appellant and her husband, Joseph Deakins, (since deceased) filed their petition in the Orphans’ court of Charles county, praying that a certain paper writing, purporting to be the last will and testament of John Hollis, deceased, the former husband of the female petitioner, executed on the 6th of February, 1826, should be admitted to probate, and that the letters of administration, which had been granted on his estate to James Hollis, (the appellee,) should be revoked. . With this petition, the will referred to…
1Opinion of the CourtArcher, Judge
The probate of the will mentioned in the petition is resisted by the defendant, who produced a paper purporting to be the will of John Hollis, bearing date, according to the proof, subsequent to the will of which probate was offered. This last instrument makes the debts a charge upon the lands, and directs that his slaves shall not be sold out of the State.
These dispositions do in our judgment render the instrument subject to the same proof as is demanded for a will: and it cannot be considered merely as a revocation, although it undoubtedly operates as such.
If proof had been exhibited that…
2Cited by4 opinions
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- Levy v. SteinbachCourt of Appeals of Maryland · 1875
- Melvin v. MelvinCourt of Appeals of Maryland · 1854
- Wampler v. WamplerCourt of Appeals of Maryland · 1856