McElwee v. Ferguson
Court of Appeals of Maryland
Appeal from the Orphans’ Court of Baltimore City. This appeal was taken by tiro caveators, from the decree of the Orphans’ Court of Baltimore City, overruling their objections to tlio will of Samuel R. McElwee, and admitting tlie same to probate. The testator had not at the making of the will, a “sound and disposing mind,” as required by lire express language of the Code.
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Appeal from the Orphans’ Court of Baltimore City. This appeal was taken by tiro caveators, from the decree of the Orphans’ Court of Baltimore City, overruling their objections to tlio will of Samuel R. McElwee, and admitting tlie same to probate. The testator had not at the making of the will, a “sound and disposing mind,” as required by lire express language of the Code. He was the victim of a disordered mind, and of delusions and hallucinations — the unequivocal evidences of insanity. Art. 93, sec. 300, of the Code; Redfield, on Wills, sec. 9; Taylor’s Med. Jur., 629; Ray’s Med. Jur., sec.…
1Opinion of the CourtRobinson, J.
The sole question in this appeal, is whether the testator was of “ sound and, disposing mind and capable of executing a valid deed, or contract,” at the time of the execution of the paper purporting tobe his last will and testament?
This paper was executed in the forenoon of Saturday, April 3rd, and in the afternoon of the next day the testator died by his own, hands. Continuing insanity on the part of the testator is not alleged, but it is insisted on the part of the appellants, caveators below, that at the time of the execution of the paper purporting to be his will, the testator ivas…
2Cases cited2 opinions
- Davis v. CalvertCourt of Appeals of Maryland · 1833
- Higgins v. CarltonCourt of Appeals of Maryland · 1868
3Cited by11 opinions
- Doyle v. RodyCourt of Appeals of Maryland · 1942
- Brown v. Fidelity Trust Co.Court of Appeals of Maryland · 1915
- Brown v. WardCourt of Appeals of Maryland · 1880
- Brashears v. OrmeCourt of Appeals of Maryland · 1901
- Lyon v. TownsendCourt of Appeals of Maryland · 1914
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