Plater v. Groome
Court of Appeals of Maryland
Appeal from the Orphans Court of Talbot county. This appeal was taken from a pro forma decree of the orphans court of Talbot county, admitting to probate an unexecuted codicil to the will of Charlotte L. Edmondson.
Read the full summary
Appeal from the Orphans Court of Talbot county. This appeal was taken from a pro forma decree of the orphans court of Talbot county, admitting to probate an unexecuted codicil to the will of Charlotte L. Edmondson. The following are the facts of the case: The testatrix duly executed her will on the 22nd of December 1849, in which' she devised a farm to her daughter, Charlotte M. Plater, in fee, with a request that she wmuld, at her death, devise the same to her only son, John R. Plater, (the grandson of the testatrix,) in fee. She also bequeathed certain negroes to her said daughter, and…
1Dissent
Tuck, J.,
dissented, and delivered the following opinion :
If this were a new question I might, perhaps, agree that courts of justice had already gone too far in establishing imperfect and unexecuted papers as wills. I can perceive no difference in principle between this case and Brown vs. Tilden, 5 H. & J., 371. The authorities say, that a testamentary paper, prepared by another person than the testator, but at his request and according to his directions, will have the same effect as if written by himself. The question in such cases, is always whether it has been adopted by the testator as a…
2Cases cited4 opinions
- Jones v. SlubeyCourt of Appeals of Maryland · 1822
- Tilghman v. SteuartCourt of Appeals of Maryland · 1816
- Watts v. Public AdministratorCourt for the Trial of Impeachments and Correction of Errors · 1829
- Brown's Ex'r. v. TildenCourt of Appeals of Maryland · 1822
3Cited by10 opinions
- Byers v. HoppeCourt of Appeals of Maryland · 1884
- Barnes v. SyesterCourt of Appeals of Maryland · 1859
- Clagett v. HawkinsCourt of Appeals of Maryland · 1857
- In re BraithwaiteNew York Surrogate's Court · 1887
- In Re the Estate of De GarmendiaCourt of Appeals of Maryland · 1924
5 more not listed; retrieve them via the Exa API.