Rhodes v. Vinson
Court of Appeals of Maryland
Appeal from the orphans court of Montgomery county. This was a plenary proceeding, instituted by said orphans court upon the petition of the appellees, to set up a last will and testament, which the petition alleges was executed by a certain Joshua Chilton, the grandfather of the appellees, Harriet and Armistead, in his lifetime, when he was of sound and disposing mind, memory and understanding, and capable in law of making a valid deed or contract, and which he destroyed…
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Appeal from the orphans court of Montgomery county. This was a plenary proceeding, instituted by said orphans court upon the petition of the appellees, to set up a last will and testament, which the petition alleges was executed by a certain Joshua Chilton, the grandfather of the appellees, Harriet and Armistead, in his lifetime, when he was of sound and disposing mind, memory and understanding, and capable in law of making a valid deed or contract, and which he destroyed when he was not capable of revoking a last will and testament, he being at the time in charge of a committee as a lunatic.…
1Opinion of the Court
Spence,. J.,
delivered the opinion of this court.
After a careful examination of the authorities, bearing upon the questions of law, presented for our adjudication in this case, we are satisfied that the court correctly announce the law, both upon principle and authority, in the case of Idley vs. Bowen, 11 Wendell, 235.
The doctrine in the case of Idley vs. Bowen is as follows:
“The destruction of the instrument, by the direction and in the presence of the testator, or even by his own hand, will not amount to a revocation in judgment of law, unless he had at that time sufficient capacity to…
2Cited by10 opinions
- Colvin v. WarfordCourt of Appeals of Maryland · 1863
- Home for the Aged of the Methodist Episcopal Church v. BantzCourt of Appeals of Maryland · 1907
- Preston v. PrestonCourt of Appeals of Maryland · 1926
- In re the Probate of a Paper Propounded as the Last Will & Testament of ParkerNew York Surrogate's Court · 1917
- Hale v. MonroeCourt of Appeals of Maryland · 1868
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