Legal Opinion

Casson v. Swogell

Court of Appeals of Maryland

Decided December 3, 1985No. 24, September Term, 1985PublishedCited by 8 opinions

1Opinion of the Court

McAULIFFE, Judge.

“Publication” when used in the context of the law of wills means a declaration or other manifestation by the testator to a witness that the instrument is his will. We here determine that publication is not required for the valid execution and attestation of a will, but that publication may be shown as an alternative method of proving the proper execution of a will when the testator signed outside the presence of the witnesses.

On February 23, 1983, Katharine Korbien died while a patient at Union Memorial Hospital in Baltimore City. The next day Benjamin Swogell, the decedent’s…

2Cases cited18 opinions

  1. Higgins v. CarltonCourt of Appeals of Maryland · 1868
  2. Campbell v. PorterSupreme Court of the United States · 1896
  3. Van Meter v. Van MeterCourt of Appeals of Maryland · 1944
  4. Gross v. BurnestonCourt of Appeals of Maryland · 1900
  5. Woodstock College v. HankeyCourt of Appeals of Maryland · 1917

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3Cited by8 opinions

  1. Slack v. TruittCourt of Appeals of Maryland · 2002
  2. Castruccio v. Estate of CastruccioCourt of Appeals of Maryland · 2017
  3. Truitt v. SlackCourt of Special Appeals of Maryland · 2001
  4. Castruccio v. Estate of CastruccioCourt of Special Appeals of Maryland · 2016
  5. Castruccio v. Estate of CastruccioCourt of Special Appeals of Maryland · 2016

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