Smith v. Diggs
Court of Appeals of Maryland
Appeal from the Court of Common Pleas of Baltimore City. (Dawkiks, J.) The facts are stated in the opinion of the Court. The cause was argued before Boyd, C. J., Briscoe, Burke, Thomas, Pattisow, ITrwer, S'tockbridg-e and Cow-stable, JJ.
1Opinion of the CourtConstable, J.
The only question involved in this appeal is as to the correctness of the lower Court in allowing the jury to pass upon the sole issue of whether or not fraud was exercised in procuring the will of James Wakefield Cortland. The appellant and the appellee were the nieces and nephew and only heirs at law of the testator. The appellees filed a caveat- to the will, and two issues were sent to a Court, of law for determination—the first issue being whether the will was. the result. of undue influence practiced upon the testator, and the second whether the will was procured by fraud. At. the…
2Cases cited4 opinions
- Davis v. CalvertCourt of Appeals of Maryland · 1833
- Smith v. DuBoseSupreme Court of Georgia · 1887
- Thomas v. CortlandCourt of Appeals of Maryland · 1913
- Howell v. . TroutmanSupreme Court of North Carolina · 1860
3Cited by12 opinions
- Estate of CarsonCalifornia Supreme Court · 1920
- Tufts v. PooreCourt of Appeals of Maryland · 1999
- Tu v. StateCourt of Appeals of Maryland · 1994
- Black v. SmithNorth Dakota Supreme Court · 1929
- Malone v. MaloneCourt of Appeals of Maryland · 1925
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