Legal Opinion

Smith v. Shuppner

Court of Appeals of Maryland

Decided February 10, 1915PublishedCited by 21 opinions

Appeal from the Court of Common Pleas of Baltimore City. (Dobleb, J.) The facts are stated in the opinion of the Court. The following axe the prayers of the eaveatee, that the Court directed to he printed in the report of the case :■ Deft.’s 7th Prayer—The defendant prays the Court to instruct the jury that it is not sufficient to avoid a will to show merely that a testatrix has left her estate to certain of her relatives and to strangers to her blood, to the exclusion of…

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Appeal from the Court of Common Pleas of Baltimore City. (Dobleb, J.) The facts are stated in the opinion of the Court. The following axe the prayers of the eaveatee, that the Court directed to he printed in the report of the case :■ Deft.’s 7th Prayer—The defendant prays the Court to instruct the jury that it is not sufficient to avoid a will to show merely that a testatrix has left her estate to certain of her relatives and to strangers to her blood, to the exclusion of other of her relatives, without any apparently valid reason for so doing, as the testatrix may have had, what seemed to…

1Opinion of the CourtConstable, J.

This appeal involves the correctness, of the rulings of the lower Court upon tl e trial of issues framed by the Orphans’ Court of Baltimore City and sent to a law Court for determination, upon a caveat filed to the probate of the last will and testament of Regina Barbara Stoll. The issues were four in number: (1) Execution of the will; (2) testamentary capacity of the testatrix; (3) undue influence exercised upon the testatrix; (4) fraud practiced upon her. At the close of the caveator’s testimony prayers were offered by the caveatee asking the Court to' instruct the jury to find for the…

2Cases cited13 opinions

  1. Davis v. CalvertCourt of Appeals of Maryland · 1833
  2. The Berry Will CaseCourt of Appeals of Maryland · 1901
  3. Moore ex rel. Moore v. McDonaldCourt of Appeals of Maryland · 1888
  4. Stirling v. StirlingCourt of Appeals of Maryland · 1885
  5. Waters v. WatersCourt of Appeals of Maryland · 1872

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3Cited by21 opinions

  1. Sellers v. QuallsCourt of Appeals of Maryland · 2001
  2. Mead v. GilbertCourt of Appeals of Maryland · 1936
  3. Cronin v. KimbleCourt of Appeals of Maryland · 1929
  4. Arbogast, Exec. v. MacMillanCourt of Appeals of Maryland · 1960
  5. Donnelly v. DonnellyCourt of Appeals of Maryland · 1928

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