Smith's Lessee v. Steele
Court of Appeals of Maryland
EJECTMENT for a tract of land called Smithfeld, lying in Dorchester County. At the trial of this cause, the plaintiff, in making out his title, produced to the Court, and offered to read in evidence, a writing purporting to be a copy of the will of William Smith, made in the year 1709, together with letters testamentary on the said will, under the hand and seal of Roger Woolford, formerly Deputy Commissary of Dorchester County, which were annexed to the said copy of the…
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EJECTMENT for a tract of land called Smithfeld, lying in Dorchester County. At the trial of this cause, the plaintiff, in making out his title, produced to the Court, and offered to read in evidence, a writing purporting to be a copy of the will of William Smith, made in the year 1709, together with letters testamentary on the said will, under the hand and seal of Roger Woolford, formerly Deputy Commissary of Dorchester County, which were annexed to the said copy of the will. And also proved, that diligent search had been made in the Commissary General’s office for probate of wills in this…
1Opinion of the Court
The Court declared themselves to be so far satisfied with the evidence offered by the plaintiff, that they were of opinion, that the letters testamentary, and writing thereto annexed, ought to be read in evidence to the Jury, on which the jury might or might not, according to their own opinion of the weight and fulness of such proof, find the said writing to be a copy of the last will of William Smith; and the Court did thereupon allow the said letters testamentary and writing to be read in evidence to the Jury. The defendant excepted to this opinion, and appealed ter the Court of Appeals,…
2Cited by1 opinion
- Smoot v. ReaCourt of Appeals of Maryland · 1863