Legal Opinion

Higgins v. Carlton

Court of Appeals of Maryland

Decided February 5, 1868PublishedCited by 68 opinions

Appeal from the Circuit Court for Anne Arundel County. The will of John Higgins, of Prince George’s county, having been offered for probate in the office of the Eegister of "Wills of said county, the appellants on the 9th of July, 1866, filed a petition and caveat, which the appellees’ executors appointed by said will, answered; and upon the prayer of the appellants, the Orphan’s Court of Prince George’s county, sent six issues to the Circuit Court for said county, for…

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Appeal from the Circuit Court for Anne Arundel County. The will of John Higgins, of Prince George’s county, having been offered for probate in the office of the Eegister of "Wills of said county, the appellants on the 9th of July, 1866, filed a petition and caveat, which the appellees’ executors appointed by said will, answered; and upon the prayer of the appellants, the Orphan’s Court of Prince George’s county, sent six issues to the Circuit Court for said county, for trial. The issues involved the questions: first, of execution and publication; second, of the testamentary capacity of the…

1Opinion of the CourtBrent, J.

This case arises upon a caveat, filed in the Orphans’ Court of Prince George’s county, to the will of John Higgins. Issues involving execution, testamentary capacity, fraud and undue influence, were sent up for trial to the Circuit Court for that county. Upon application by the caveatees the case was afterwards removed to the Circuit Court for Anno Arundel county, and it now comes before us upon the several exceptions, taken by the caveators at the trial, to the rulings of that Court.

The first exception alleges error in the Court in refusing to allow a witness, upon cross-examination, to…

2Cases cited10 opinions

  1. Davis v. CalvertCourt of Appeals of Maryland · 1833
  2. Keener v. HarrodCourt of Appeals of Maryland · 1852
  3. Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
  4. Colvin v. WarfordCourt of Appeals of Maryland · 1863
  5. Harrison v. Mayor of BaltimoreCourt of Appeals of Maryland · 1843

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3Cited by68 opinions

  1. Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
  2. The Berry Will CaseCourt of Appeals of Maryland · 1901
  3. Gillis v. GillisSupreme Court of Georgia · 1895
  4. Berry v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1902
  5. Gesell v. BaugherCourt of Appeals of Maryland · 1905

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