Fisher v. Boyce
Court of Appeals of Maryland
Appeal from an order of the Orphans’ Court of Baltimore County, directing the following issues to be sent to a Court of law for trial: 1. Was the provision contained in the paper-writing purporting to be the last will and testament of James Boyce, and therein set forth in the following words, that is to say : “And all the sums which have been charged by me, or by my authority, on any of my books of account or memoranda, against any of my children, or which may appear on…
Read the full summary
Appeal from an order of the Orphans’ Court of Baltimore County, directing the following issues to be sent to a Court of law for trial: 1. Was the provision contained in the paper-writing purporting to be the last will and testament of James Boyce, and therein set forth in the following words, that is to say : “And all the sums which have been charged by me, or by my authority, on any of my books of account or memoranda, against any of my children, or which may appear on memoranda made by me, and not yet entered into my books of account, shall be treated as parts of my estate, and the charges…
1Opinion of the CourtRoberts, J.
This appeal is taken from an order of the Orphans’ Court of Baltimore County, transmitting issues to a Court of Law caveating the will of James Boyce, late of said county.
Two questions are presented by this appeal:
First. — Had the Orphans’ Court, under the circumstances of this case, any authority to order the transmission of the particidar issues prayed for ? and
Second. — Were not the appellees, by their antecedent conduct, estopped from contesting the validity of the will in controversy?
It is not contended by the appellants that the Orphans’ ■Court had no authority to send to a Court of Law…
2Cases cited2 opinions
- Griffith v. DiffenderfferCourt of Appeals of Maryland · 1879
- Thrower v. WoodSupreme Court of Georgia · 1874
3Cited by22 opinions
- Utermehle v. NormentSupreme Court of the United States · 1905
- In Re Estate of DwyerCalifornia Supreme Court · 1911
- Bolton Mines Co. v. StokesCourt of Appeals of Maryland · 1895
- Lyon v. TownsendCourt of Appeals of Maryland · 1914
- Schmidt v. JohnstonCourt of Appeals of Maryland · 1928
17 more not listed; retrieve them via the Exa API.