Stirling v. Stirling
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The nature of the case is stated- in the opinion of the Court. Six exceptions were taken by the plaintiffs. Five were to the admissibility of evidence, and the sixth was to the rulings of the Court upon the prayers. The third exception was abandoned.
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Appeal from the Superior Court of Baltimore City. The nature of the case is stated- in the opinion of the Court. Six exceptions were taken by the plaintiffs. Five were to the admissibility of evidence, and the sixth was to the rulings of the Court upon the prayers. The third exception was abandoned. The first exception is stated in the opinion of the Court; and as the second, fourth and fifth exceptions are regarded by the Court as standing upon the same footing with the first, it is not deemed necessary to report them. Sixth Exception. — The plaintiffs offered the five following prayers: 1.…
1Opinion of the CourtStone, J.
This is a case of a caveat to a will. There were three issues sent to the Court of law for trial.
1st Related to the execution of the will.
2d. Was the testatrix of sound and disposing mind?
3d. Was the will procured by undue influence ?
The first issue is in these words :
“Was the paper-writing bearing date January 21st, 1878, and purporting to be the last will and testament of Elizabeth Anderson, executed by her, or by some person in her presence, and by her express direction in the presence of three or four credible witnesses as, and for her last will and testament ?”
By reference to the first…
2Cases cited6 opinions
- Davis v. CalvertCourt of Appeals of Maryland · 1833
- Griffith v. DiffenderfferCourt of Appeals of Maryland · 1879
- Brewer v. BarrettCourt of Appeals of Maryland · 1882
- Layman v. ConreyCourt of Appeals of Maryland · 1883
- Mason v. PoulsonCourt of Appeals of Maryland · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Quimby v. GreenhawkCourt of Appeals of Maryland · 1934
- Murphy v. NettMontana Supreme Court · 1911
- Hiss v. WeikCourt of Appeals of Maryland · 1894
- Graham v. CourtrightSupreme Court of Iowa · 1917
- Moore ex rel. Moore v. McDonaldCourt of Appeals of Maryland · 1888
24 more not listed; retrieve them via the Exa API.