Legal Opinion

Reed v. Campbell

Court of Appeals for the D.C. Circuit

Decided October 27, 1862Published

Appeal from the Orphans' Court. A widow, after receiving the portion of her husband’s estate, devised and bequeathed to her, cannot claim the surplus remaining in the hands of the executor, after paying the debts and legacies. See Act of Md., of 1798, Ch. 101, sub-chapter 13, Sec. 1, 2 and 3.

1Opinion of the Court

The facts in the case are' as follows:

Rachel Campbell, the widow of William Campbell, after receiving the portion of her husband’s estate as devised and bequeathed to her, claimed in her petition the surplus remaining in the hands of the executor under the will after payment of the debts and legacies. The executor denied her right to the surplus.

Mr. Wylie offered in evidence the testimony of an old colored woman, Kitty Pad. The reception of this testimony was objected to by the counsel of the executor, because the witness was a colored woman.

The objection was overruled.

The following statement…

2Cases cited2 opinions

  1. Conner v. OgleHigh Court of Chancery of Maryland · 1848
  2. Proprietary v. PearceCourt of Appeals of Maryland · 1764

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