Legal Opinion

Boofter v. Rogers

Court of Appeals of Maryland

Decided June 15, 1850PublishedCited by 4 opinions

Appeal from Baltimore county court. The appellant filed a petition in the orphans court for Baltimore county, on the 29th of April 1848, stating that administration on the estate of Joseph M. Rogers, late of said county, deceased, was granted to Isaac Rogers, the appellee, on the 5th of October, 1848, but petitioner is informed, and believes that said Joseph left a will, by which a legacy is given to him, and he prays that a citation may be issued to said Isaac, and that he…

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Appeal from Baltimore county court. The appellant filed a petition in the orphans court for Baltimore county, on the 29th of April 1848, stating that administration on the estate of Joseph M. Rogers, late of said county, deceased, was granted to Isaac Rogers, the appellee, on the 5th of October, 1848, but petitioner is informed, and believes that said Joseph left a will, by which a legacy is given to him, and he prays that a citation may be issued to said Isaac, and that he be required to produce said will if in his possession, and if not, to answer whether he has any knowledge thereof, or of…

1Opinion of the CourtMagruder, J.

The issues in this case certainly are not those which are usually sent from the orphans court, for trial by jury, in cases of this description; and are so framed, that a verdict in favor of the petitioner, which was sometimes asked, would have been of no advantage to the appellants. They do not, indeed, refer to the paper, JR. No other paper, however, was produced; no attempt was made to prove that any other, which could be regarded as the last will and testament of the deceased, was in existence.

In order to make a paper the last will and testament of a deceased person, at the time it is…

2Cases cited2 opinions

  1. Tilghman v. SteuartCourt of Appeals of Maryland · 1816
  2. Brown's Ex'r. v. TildenCourt of Appeals of Maryland · 1822

3Cited by4 opinions

  1. Byers v. HoppeCourt of Appeals of Maryland · 1884
  2. Tabler v. TablerCourt of Appeals of Maryland · 1884
  3. Lungren v. SwartzwelderCourt of Appeals of Maryland · 1876
  4. Cruit v. OwenCourt of Appeals for the D.C. Circuit · 1903

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