Legal Opinion

Taylor v. Creswell

Court of Appeals of Maryland

Decided December 15, 1876PublishedCited by 23 opinions

Appeal from the Circuit Court for Cecil County. This case was tried before a jury upon the following issues, sent for trial from the Orphans’ Court of Cecil County, at the instance of the appellant under a caveat by him to the will of Eliza A. Taylor: 1st. Was the paper-writing, bearing date the 20th day of April, 1868, and purporting to be the last will and testament of the said Eliza A. Taylor, executed and attested in due form as required by law ? 2nd.

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Appeal from the Circuit Court for Cecil County. This case was tried before a jury upon the following issues, sent for trial from the Orphans’ Court of Cecil County, at the instance of the appellant under a caveat by him to the will of Eliza A. Taylor: 1st. Was the paper-writing, bearing date the 20th day of April, 1868, and purporting to be the last will and testament of the said Eliza A. Taylor, executed and attested in due form as required by law ? 2nd. Were the contents of the paper-writing, bearing date the 20th day of April, 1868, mentioned in the proceedings in this case, and purporting…

1Opinion of the CourtRobinson, J.

The will of Eliza A. Taylor, was admitted to probate on the 9th of December, 1872, and on the petition of the caveator, now appellant, issues, involving the execution of the will, knowledge of its contents by the testatrix, fraud and undue influence, were sent to the Circuit Court for trial.

At the trial below, the caveator offered twelve prayers, the sixth, seventh, eighth and twelfth of which were refused, and the ninth was modified by the Court.

We have carefully examined the record before us, and have not been able to find a particle of evidence to support either of these rejected prayers.…

2Cited by23 opinions

  1. The Berry Will CaseCourt of Appeals of Maryland · 1901
  2. Gesell v. BaugherCourt of Appeals of Maryland · 1905
  3. Brown v. WardCourt of Appeals of Maryland · 1880
  4. Lyon v. TownsendCourt of Appeals of Maryland · 1914
  5. Dudderar v. DudderarCourt of Appeals of Maryland · 1911

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