Bennett v. Bennett
Court of Appeals of Maryland
Appeal from the Court of Common Pleas (Harlan, C. J.) This case is important to the appellant, in that, from the facts shown by the record an attempt is being made by the plaintiff to prevent forever the probate of the will, in order that the defendant may be deprived of the property left her by her late husband.
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Appeal from the Court of Common Pleas (Harlan, C. J.) This case is important to the appellant, in that, from the facts shown by the record an attempt is being made by the plaintiff to prevent forever the probate of the will, in order that the defendant may be deprived of the property left her by her late husband. This case is- important to the bar and to the public, in that, if it be determined that the plaintiff has a right to dismiss the issues in the face of a protest'from the defendant, litigants who contest wills with other than bona fide motives will be afforded a means of preventing…
1Opinion of the CourtSchmucker, J.
It appears from the record in this case that Henry C. Bennett, late of Baltimore County, died on December 28th, 1903, leaving the appellant as his widow, but no children. One week thereafter a paper purporting to be his last will and on its face duly executed and attested as such was offered for probate in the Orphans’ Court for Baltimore County. On the same day, but before the offer of the will for probate, the appellee, who is a nephew of the testator, filed a caveat to it which was answered by the appellant on March ist, 1904.
On petition of the caveator issues were framed and sent for…
2Cases cited8 opinions
- Cecil v. CecilCourt of Appeals of Maryland · 1862
- The Berry Will CaseCourt of Appeals of Maryland · 1901
- Pegg v. WarfordCourt of Appeals of Maryland · 1853
- Price v. TaylorCourt of Appeals of Maryland · 1864
- Riley v. First National BankCourt of Appeals of Maryland · 1895
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3Cited by3 opinions
- Jefferson County Burial Soc. v. ScottSupreme Court of Alabama · 1928
- Larus v. Bank of Commerce & Trust Co.Tennessee Supreme Court · 1923
- Johnson v. SaulsburyCourt of Appeals of Maryland · 1923