Garrison v. Hill
Court of Appeals of Maryland
Appeal from the following order of the Orphans’ Court of Baltimore City: “It appearing to the Court, from the petition and answer in this case, that probate of the will proposed to be caveated was made by the Court on the 6th day of February, 1889, more than three years before the passage of the Act of 1894, chapter 405 ; and the Court being of opinion that said Act is retroactive in its effect, and that accordingly the said petition has been filed too late, it is hereupon,…
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Appeal from the following order of the Orphans’ Court of Baltimore City: “It appearing to the Court, from the petition and answer in this case, that probate of the will proposed to be caveated was made by the Court on the 6th day of February, 1889, more than three years before the passage of the Act of 1894, chapter 405 ; and the Court being of opinion that said Act is retroactive in its effect, and that accordingly the said petition has been filed too late, it is hereupon, this 26th day of March, 1895, by the Orphans’ Court of Baltimore City, adjudged and ordered, that the said petition be…
1Opinion of the CourtBoyd, J.
The appellant filed on the 12th day of May, 1894, a caveat to the will of Maria M. Johnson, which had been admitted to probate on the 6th day of February, 1889. •The Orphans’ Court of Baltimore City dismissed it on the ground that chap. 405 of the Laws of 1894 was retroactive in its effect, -and hence the caveat was filed too late. That Act is entitled, “An Act to add an additional section to Article 93 of the Code of Public General Laws of Maryland, to come in after section 326, and to be known as section 326 A.” It provides that “ no will, testament, codicil or other testamentary'paper,…
2Cases cited8 opinions
- Sohn v. WatersonSupreme Court of the United States · 1873
- Vance v. VanceSupreme Court of the United States · 1883
- Grinder v. NelsonCourt of Appeals of Maryland · 1850
- Lankford v. County CommissionersCourt of Appeals of Maryland · 1890
- Emmert v. StoufferCourt of Appeals of Maryland · 1886
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