Bruton v. Smith

The case arises out of a dispute of the right of the appellant to caveat a will and codicils of hi's father; and the particular question is whether the Orphans’ Court should have allowed issues, submitted by the son looking to the determination of that dispute, to be transmitted to a court of law for trial under section 264 of article 93 of the Code.

In a settlement made in 1934, three years before the father’s death, of litigation instituted by him to require an accounting of the property of his, controlled and managed by the son, the latter had agreed in writing that he would not institute,…