Pegg v. Warford
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore county. This was a case of issues from the Orphans court, to try the validity of two wills executed by Rachel Colvin, deceased, the one on the 30th of October 1845, and the other on the 6th of April, 1848. These issues were granted by the Orphans court for Baltimore city, and sent to the Superior court of said city for trial, but were afterwards, upon suggestion of the appellants, removed to the Circuit court for Baltimore county.
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Appeal from the Circuit Court for Baltimore county. This was a case of issues from the Orphans court, to try the validity of two wills executed by Rachel Colvin, deceased, the one on the 30th of October 1845, and the other on the 6th of April, 1848. These issues were granted by the Orphans court for Baltimore city, and sent to the Superior court of said city for trial, but were afterwards, upon suggestion of the appellants, removed to the Circuit court for Baltimore county. They were in substance as follows: 1st. Whether the paper of the 6th of April 1848, was executed by Rachel Colvin as her…
1Opinion of the CourtMason, J.
The first exception presented by this record, relates to the witness, Rachel J. Warford, a devisee and legatee under both of the wills of Miss Colvin. As such, she was supposed to be incompetent to give evidence, upon the ground of interest. Before appearing as a witness, she had duly executed two instruments or deeds, purporting to convey all her interest under said wills. We have no doubt that those papers were duly and •legally executed, and that they were, upon their face, sufficient in law to pass the whole interest or title of the grantor. It was, however, with some show of reason,…
2Cases cited4 opinions
- Nailor v. BowieCourt of Appeals of Maryland · 1852
- Crawford v. BrookeCourt of Appeals of Maryland · 1846
- Wellersburg & West Newton Plank Road Co. v. BruceCourt of Appeals of Maryland · 1854
- Keedy v. NewcomerCourt of Appeals of Maryland · 1851
3Cited by21 opinions
- Murray v. FrickSupreme Court of Pennsylvania · 1923
- National Fire Insurance v. CraneCourt of Appeals of Maryland · 1860
- Pettigrew v. BarnumCourt of Appeals of Maryland · 1857
- Reynolds v. Manning, Stimpson & Co.Court of Appeals of Maryland · 1860
- Jessup v. StateCourt of Appeals of Maryland · 1912
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