Gross v. Burneston
Court of Appeals of Maryland
Appeal from the Orphans’ Court of Baltimore City. The first issue framed by the Orphans’ Court to be tried by jury was as follows : “ Whether the paper-writing dated 5th of January, in the year 1897, purporting to be the last will and testament of the said Rachel L. Gross, was signed by the said Rachel L. Gross or some other person in her presence and by her express direction, and that Henry J. Graham and M. Ada Graham at her request and in her presence subscribed their…
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Appeal from the Orphans’ Court of Baltimore City. The first issue framed by the Orphans’ Court to be tried by jury was as follows : “ Whether the paper-writing dated 5th of January, in the year 1897, purporting to be the last will and testament of the said Rachel L. Gross, was signed by the said Rachel L. Gross or some other person in her presence and by her express direction, and that Henry J. Graham and M. Ada Graham at her request and in her presence subscribed their names as. witnesses thereto.”
1Opinion of the CourtMcSherry, C. J.
This is an appeal from an order of the Orphans’ Court of Baltimore City. The order transmitted certain issues to the Court of Common Pleas for trial and refused to send up certain other proposed issues. Objection is made to the first of the four issues which were transmitted, because that issue, as framed, requires the jury to find whether the testatrix requested the witnesses to the will to sign it; and secondly, because the issue, which was one that related to the factum of the will, was not raised between the parties to the cause by the petition and answer.
The Code provides: “All devises…
2Cases cited5 opinions
- Higgins v. CarltonCourt of Appeals of Maryland · 1868
- Little Sisters of the Poor v. CushingCourt of Appeals of Maryland · 1884
- Richardson v. SmithCourt of Appeals of Maryland · 1894
- Welty v. WeltyCourt of Appeals of Maryland · 1855
- Mary v. Vestry of William & Mary's ParishGeneral Court of Virginia · 1796
3Cited by20 opinions
- Woodstock College v. HankeyCourt of Appeals of Maryland · 1917
- Conrades v. HellerCourt of Appeals of Maryland · 1913
- Hamill v. HamillCourt of Appeals of Maryland · 1932
- Shane v. WooleyCourt of Appeals of Maryland · 1921
- Will of Griffith v. GriffithWisconsin Supreme Court · 1917
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