Russell v. Gaither

ZARNOCH, Judge.

In this case, we are asked to determine whether the orphans’ court or the circuit court is the proper forum for the determination of factual issues in appellant’s caveat proceeding. For the reasons set forth below, we conclude that the Orphans’ Court for Baltimore City erred in rejecting as untimely the appellant’s Petition to Transmit Issues to the Circuit Court.

FACTS AND PROCEEDINGS

The relevant facts in this case are not in dispute. On January 2, 2006, Yinnie R. Henderson of Baltimore City died leaving two wills. A March 23, 2005 will named appellant Juanita Russell personal…