Tyson v. Tyson
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. On the 5th of June, 1871, the appellants filed their petition and caveat in the Orphans’ Court of Baltimore city, alleging that the codicils of the 12th of April, I860*, and the 15th of January, 1861, to the will of Isaac Tyson, Jr., dated the 7th of January, 1860, were procured by fraud and undue influence practiced by the appellees upon the testator, when his mental powers were enfeebled from age and ill-health.
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Appeal from the Superior Court of Baltimore City. On the 5th of June, 1871, the appellants filed their petition and caveat in the Orphans’ Court of Baltimore city, alleging that the codicils of the 12th of April, I860*, and the 15th of January, 1861, to the will of Isaac Tyson, Jr., dated the 7th of January, 1860, were procured by fraud and undue influence practiced by the appellees upon the testator, when his mental powers were enfeebled from age and ill-health. Issues were prayed to be sent for trial to the Superior Court of Baltimore city. The appellees answered the petition, denying that…
1Dissent
Bowie, J.,
delivered the following dissenting opinion :
The last will and codicils of Isaac Tyson, Jr., were probated in common form, in the Orphans’ Court of Baltimore City, on the 29th of November, 1861, by his executors, James and Jesse Tyson, and the petition of the appellants, caveating the codicils of the 12th of April, 1860, and the 15th of January, 1861,'was filed the 5th June, 1871.
On the 28th of August, 1871, plenary proceedings having been instituted by the appellants, the Orphans’ Court directed several issues to be sent for trial, to the Superior Court of Baltimore.
These issues…
2Cases cited10 opinions
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