Merling v. Merling

RODOWSKY, Judge.

This caveat case presents a hearsay question. The declarant, a legatee of one-half of the residuary estate, if any, under the challenged will, was neither personal representative of the decedent’s estate nor a participant in the caveat proceedings. The Court of Special Appeals held that a witness’s testimony, recounting a statement by the declarant, was substantively admissible in support of the caveat, as the statement of a party opponent. Merling v. Merling, 98 Md.App. 243, 633 A.2d 403 (1993). For the reasons set forth below, we hold that the non-participating…