Waters v. Waters
Court of Appeals of Maryland
Appeal from, the Circuit Court for Montgomery County. Plaintiffs’ First Exception: The plaintiffs after proving the seisin and possession of Tilghman Waters of the lands mentioned in the declaration, and his death in 1864, and that they and the defendant, Washington Waters, were his heirs-at-law, rested their case.
Read the full summary
Appeal from, the Circuit Court for Montgomery County. Plaintiffs’ First Exception: The plaintiffs after proving the seisin and possession of Tilghman Waters of the lands mentioned in the declaration, and his death in 1864, and that they and the defendant, Washington Waters, were his heirs-at-law, rested their case. Thereupon the defendants produced a paper purporting to be the last will and testament of Tilghman Waters, and declared that they meant to prove the execution of said last will by testimony of the subscribing witnesses. After examining Leonidas Willson, one of the subscribing…
1Opinion of the CourtBarton, C. J.
This was an action of ejectment by the heirs at law of the late Tilghman Waters, against the devisees in his will. The controversy turned entirely' upon the question of the validity of the will; the plaintiffs contending that the deceased was of unsound mind, not capable of making a valid will, at the time the will was executed, and that the execution of the will was induced by undue influence of fraud and circumvention.
Thirteen bills of exceptions were taken by the plaintiffs at the trial; twelve of which were to the rulings of the Circuit Court upon questions of evidence; and the…
2Cases cited8 opinions
- Townshend v. TownshendCourt of Appeals of Maryland · 1848
- Schwartze v. YearlyCourt of Appeals of Maryland · 1869
- Weems v. WeemsCourt of Appeals of Maryland · 1863
- MatthewsCourt of Appeals of Maryland · 1863
- Dorsey v. WarfieldCourt of Appeals of Maryland · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- The Berry Will CaseCourt of Appeals of Maryland · 1901
- Cooley v. StateCourt of Appeals of Maryland · 2005
- Harris v. HipsleyCourt of Appeals of Maryland · 1914
- Eiland v. StateCourt of Special Appeals of Maryland · 1992
- Stoddard v. StateCourt of Appeals of Maryland · 2005
24 more not listed; retrieve them via the Exa API.