Wolf v. Wolf's Ex'r.
Court of Appeals of Maryland
Appeal from Frederick County Court, sitting as a Court of Equity. The bill of the complainant (the now appellee,) stated that his testator on the 9th of August 1820 made his last will, and appointed the complainant his executor; that he did in April 1834 institute a suit in Frederick county court against Mary Wolf, (the appellant,) widow of the deceased, for money of which the deceased died possessed, and which the said Mary took and retained from the complainant, and…
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Appeal from Frederick County Court, sitting as a Court of Equity. The bill of the complainant (the now appellee,) stated that his testator on the 9th of August 1820 made his last will, and appointed the complainant his executor; that he did in April 1834 institute a suit in Frederick county court against Mary Wolf, (the appellant,) widow of the deceased, for money of which the deceased died possessed, and which the said Mary took and retained from the complainant, and refused to pay over to him as the executor of the deceased. That he had every reason to believe that she had retained and held…
1Opinion of the CourtStephen, J.
This is the case of a demurrer to a bill of discovery filed by the appellee against the appellant, on the equity side of Frederick county court, on the ground that the matters and things charged in the bill, of and concerning which a discovery is sought to be obtained, would or might, if confessed or answered by the respondent, subject her to punishment. The principle is incontrovertibly clear and well established, that a defendant in equity is not bound to make any discovery in answering such a bill as would subject her to the punishment of the law by a criminal prosecution, or would cause…
2Cited by8 opinions
- Chappell v. FunkCourt of Appeals of Maryland · 1882
- Hill v. PinderCourt of Appeals of Maryland · 1926
- Becker v. Frederick W. Lipps Co.Court of Appeals of Maryland · 1917
- Darcey v. BayneCourt of Appeals of Maryland · 1907
- Whitman v. United Surety Co.Court of Appeals of Maryland · 1909
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