Durham v. Walters

GARRITY, Judge.

Paul Durham and others (the appellants), who are heirs at law of Orville Oscar Outten, appeal from an order of the Circuit Court for Worcester County granting a motion to dismiss caveat proceedings. The circuit court held that, in the absence of fraud, heirs at law could not challenge the will of the decedent by filing a petition to caveat the will more than six months following the first appointment of a personal representative under the will.

On appeal, the appellants present the following questions:

1. Whether the provisions of the Maryland Estates and Trusts Code Ann. §…