O'Neill v. Smith
Court of Appeals of Maryland
Appeal from the Orphans’ Court of Baltimore City. On the 2d day of July, 1864, the Orphans’ Court of Baltimore City passed an order admitting to probate what was alleged to be the nuncupative will of James O’Neill, deceased, under which Mary Smith, the wife of the appellee, claimed as sole legatee.
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Appeal from the Orphans’ Court of Baltimore City. On the 2d day of July, 1864, the Orphans’ Court of Baltimore City passed an order admitting to probate what was alleged to be the nuncupative will of James O’Neill, deceased, under which Mary Smith, the wife of the appellee, claimed as sole legatee. The will consisted of three affidavits made before the Register of Wills, on the 25th of June, 1864, by John Kelly, Robert Kelly and Anna Reiley — John and Robert being the sons, and Anna the sister, of the legatee under the will. John Kelly, who resided with the appellee, his step-father, with…
1Opinion of the CourtRobinson, J.
Whatever may have been the earlier rule of law in regard to nuncupative wills, at a time when the art of writing ivas known to comparatively a few persons, it was -well settled, we think, even prior, to the Statute of Frauds, that to be valid, “ they must be made in the last extremity, when the testator did not expect to> recover, and had not time to make a more deliberate will or a -will in writing.” 1 Redfield on Wills, 185.
So early as the. reign of Henry VIII, a nuncupative will was defined by Perkins to be properly when the testator “ 1 ieth languishing for fear of sudden death, darest…
2Cases cited1 opinion
- In re the alleged nuncupative will of YarnallSupreme Court of Pennsylvania · 1833
3Cited by7 opinions
- Baird v. BairdSupreme Court of Kansas · 1905
- Smith v. StockbridgeCourt of Appeals of Maryland · 1874
- Biddle v. BiddleCourt of Appeals of Maryland · 1872
- McClain v. AdamsTexas Supreme Court · 1941
- Scaife v. EmmonsSupreme Court of Georgia · 1890
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