Barnes v. Syester
Court of Appeals of Maryland
Appeal from the Orphans Court for Washington Count}'. This appeal is from an order admitting to probate as to personalty, a paper purporting to be the last will and testament of Virginia W. Mason, deceased, propounded for probate by the appellee, the executor therein named. The paper commences by declaring that “this is the last will and testament of me Virginia W. Mason, of Washington county, in the State of Maryland.”
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Appeal from the Orphans Court for Washington Count}'. This appeal is from an order admitting to probate as to personalty, a paper purporting to be the last will and testament of Virginia W. Mason, deceased, propounded for probate by the appellee, the executor therein named. The paper commences by declaring that “this is the last will and testament of me Virginia W. Mason, of Washington county, in the State of Maryland.” By the first item thereof •she gives her watch and chain to Thomson Mason-, the eldest son of her brother, Melchoir B. Mason. By the second she gives all her clothing and a…
1Opinion of the CourtTuck, J.
It has been regretted that more strictness has not been observed in the admission to probate of testamentary papers. To meet the apparent hardship of particular cases doctrines have been engrafted on the law, which have caused as much injustice in other instances as their introduction was designed to prevent, and, we think, it may be suggested as a probable consequence of some decisions, that, by the failure of courts to ascertain the real intent of the deceased, wills were made for persons who in fact had died intestate. Among the most difficult duties we have to perform is that of passing…
2Cases cited2 opinions
- Tilghman v. SteuartCourt of Appeals of Maryland · 1816
- Plater v. GroomeCourt of Appeals of Maryland · 1852
3Cited by9 opinions
- Byers v. HoppeCourt of Appeals of Maryland · 1884
- In Re: Blocks' EstateSupreme Court of Florida · 1940
- In Re the Estate of De GarmendiaCourt of Appeals of Maryland · 1924
- Lungren v. SwartzwelderCourt of Appeals of Maryland · 1876
- Marcum v. Gibson (In re Estate of Bond)Court of Appeals of Arkansas · 2019
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