Kelly v. Kelly

Briscoe, J.,

delivered the opinion of the Court..The questions in this case are presented on an appeal from rulings of the Superior Court of Baltimore City, on a caveat to the will of Owen Kelly, deceased.

There were four issues sent on the 9th-day of May, 1905, by the Orphans’ Court to the Court of Common Pleas for trial by a jury. The case was subsequently removed to the Superior Court of Baltimore where the trial was held.

The issues as sent were as follows: First, the execution and attestation of the will; second, the knowledge of the contents of the will by the testator; third, whether the…